ON THE FEATURES OF LEGAL STATUS OF AGRICULTURAL COOPERATIVES

Abstract

Problem setting. Agricultural cooperatives are independent agrarian law entities and participants of agrarian relations with a special legal personality. The object the activity of these entities is to conduct a significant number of agricultural activities. The study on the legal status of agricultural cooperatives has both theoretical and practical importance.

Target of research. The aims of the article are to analyze the legislation of Ukraine concerning the legal status of agricultural cooperatives and to propose the ways for legislation improvement.

Article's main body. The legal basis for the creation and operation of agricultural cooperatives identified by both: special Law of Ukraine "On Agricultural Cooperation" on July 17, 1997, № 469/97-BP (as amended by the Law of Ukraine "On Amendments by the Law of Ukraine" On agricultural cooperation" on November 20, 2012, № 5495-VI), and such acts of legislation as the Economic Code of Ukraine on January16, 2003, № 436-IV, the Law of Ukraine "On Cooperation" on July 10, 2003, № 1087-IV, and others.

The legal definition of "agricultural cooperative" entrenches in Art. 1 of the Law of Ukraine "On Agricultural Cooperation", according to p. 6 p. 1 such cooperative is entity formed by individuals and/or entities that are agricultural producers that voluntarily united on the basis of membership for conducting joint economic and other activities related to the production, processing, storage, sales of crop, animal, forestry or fish production, delivery of capital goods and material and technical resources to members of the cooperative, providing services to meet theirs economic, social and other needs on the principles of self-government. This definition constructed by combining features and characteristics of the proposed entity.

Conclusions and prospects for the development. The legislation of Ukraine stipulates the following features of the legal status of agricultural cooperatives: (a) such entities have legal personality, (b) the establishment of cooperative only  by private persons (natural or legal), (c) the membership nature of union in the cooperative, (d) conducting of agricultural activity, (e) meeting the economic, social and other needs of the cooperative member as a special goal of union in the agricultural cooperative, (e) self-government in cooperative.