Ūkininko ūkio teisinis statusas

LTEfektyvinti ūkininkavimą Europos Sąjungoje turi padėti tobula teisinė bazė. Straipsnyje apžvelgiama ūkininko ūkio, kaip veiklos organizavimo formos, teisinės padėties raida, žemės ūkio veiklos teisinės sampratos pokyčiai. Analizuojamas ūkininko ūkio ir paties ūkininko teisinis statusas. Iškeliami ūkininko ūkio veiktos teisinio reglamentavimo trūkumai. Kritiškai vertinama naujoji Ūkininko ūkio įstatymo redakcija. [Iš leidinio]Reikšminiai žodžiai: Ūkininkas; Ūkininko ūkis; Ūkininko ūkio įstatymas; Farmer; Farmers's farm; Law on the farmer's farm.

ENArticle analyses the development of the farmer's farm in Lithuania as a form of agricultural activities. The legal status of the farmer's farm has significantly changed. Changes were caused by the development of the legal concept of agriculture within the national legal framework. Having assessed this development against 3 criteria of legislation quality - social, political, and legal - the author acknowledges the growth of freedom for agricultural activities. Commercial activities carried out by the farmer's farm have exceptional features that are specific only to this type of business. First of all, these activities use land as an instrument of production. Therefore the outcomes are crucially affected by natural, climatic conditions, seasons' cycle. Government supports and regulates agriculture production by means of various economic instruments. Absolute civil liability of all assets is limited by legal guaranties of continuation of agricultural activities. On the basis of agricultural and civil legal norms the author states that the farming is a unique, particular, special professional kind of activities based on people-land interaction with distinctive life mode and features. The legal concept of the farmer is defined. The farmer is a businessman who is alone or with partners engaged in commercial activities based on agricultural activities conducted on the farm registered in his name. According to provisions of the Law on the Farmer's Farm a farm may be of two kinds: of sole proprietorship belonging to one farmer or of joint proprietorship belonging to association of persons (partners). The latter kind of farms - family farm is the most popular. The farmer's farm has an organisational integrity and its own identification. Such association has a limited liability. The relationship between its participants (partners) shall be regulated by a recorded contract.In this way a farmer's farm is an association for joint agricultural activities of persons who have concluded a partnership contract and at least one of them has a certified professional background. That means that the farmer's farm is an association of natural persons i.e. partners with joint interests and/or capital. The definition of such legal organisational arrangement is absolutely analogical to that of a legal person. The fact that the farmer's farm is not a legal person depends on four groups of political, social, and legal circumstances and reasons that are identified in the article. On the basis of analysis carried out the author concludes that the legal status of the farmer's farm needs a deeper analysis and legislators' focus. The revised version of the Law on the Farmer's Farm does not conform to the changed economical and political environment of agricultural activities. We should not devalue the legal status of the farmer's farm as an organisational arrangement of agricultural activities, but on contrary, we should enhance it. The farmer's farm as a business opportunity without establishing an enterprise is flexible, intermediate, transitional (between natural and legal person) form of agricultural activities. The legal framework of farming requires wider theoretical scientific studies and legislative activities that should enable to arrange business freedom, rights and obligations in line with the European Union acquis. [From the publication]