At the initiative of the law firm Reveling Information, whose lawyers represent the victim in criminal proceedings, a group of investigators was organized under the auspices of the Kyiv Oblast Prosecutor’s Office to search elevators in Rivne, Lviv and Volyn oblasts to identify and harvest rapeseed.<\/p>\n
\nAs a result of a successfully planned operation, law enforcement officers managed to find a rapeseed crop at one of the elevators, which had been supplied by road and rail for a long time. Persons involved in the crime, who will be prosecuted, were exposed on the spot. In addition, routes for the supply of products and vehicles involved in the transportation of rapeseed were established.<\/p>\n
The agricultural sector of Ukraine’s economy ensures food security and food independence of the state, forms up to 20% of gross domestic product. However, economic growth of the agricultural sector is impossible without the rational use of both own and borrowed financial resources.
\nOne of the most painful and important issues in the extremely difficult situation of small and medium-sized farms was to raise funds to support agribusiness in a competitive state.
\nAccording to the State Statistics Service of Ukraine, as of May 1 of this year, 46.1 thousand farms were registered. This is 489 more (+ 1%) compared to the beginning of 2019 (45.6 thousand). Of course, guarantees of stable activity of all economic entities in the agricultural sector should be protected at the state level. In the conditions of unstable economic situation, deficit of own sources for replenishment of working capital before domestic agricultural producers the problem of diversification of sources of financing arises. To this end, as one of the alternatives to solve this problem is lending to the agricultural sector through the introduction of agricultural receipts.
\nThis type of security is not new to the global agro-industrial sector and operates successfully in Brazil, through the use of a financial instrument in the form of CPR receipts (Cedula de Produto Rural), which promise to supply agricultural products or make payments after the sale of their agricultural products in the future. obtaining resources (financial or commodity) today for agricultural activities.
\nThe experience of Brazil has also been useful for Ukrainian producers, given that it allows them to attract additional credit resources (financial or commodity), when using their products as a guarantee of payment secured by future harvests or young cattle.
\nGiven the positive results of the use of agricultural receipts in agriculture by foreign producers, November 6, 2012 in Ukraine adopted the Law “On agricultural receipts”, which regulates the relations arising during the registration, issuance, circulation, execution of agricultural receipts, determines their registration and to create legal, economic, organizational conditions for the functioning of these documents.
\nAccording to Art. 1 of the Law of Ukraine “On Agrarian Receipts”, an agrarian receipt – a commodity document that fixes the unconditional obligation of the debtor, which is secured by collateral, to supply agricultural products or pay money on the terms specified therein.
\nAgricultural receipts may be issued to persons who have the right of ownership of agricultural land or the right to use such land on legal grounds for the production of agricultural products. If the ownership of the land belongs to two or more co-owners or the right of use belongs to two or more users, agricultural receipts are issued by them jointly. The persons who jointly issued the agricultural receipt are jointly and severally liable for non-fulfillment of their obligations.
\nThe transfer of ownership or right to use the land does not suspend the pledge specified in the agricultural receipt of the future harvest and does not terminate the rights of the debtor and creditor under the agricultural receipt to use the land until the harvest, but not longer than the end of the current marketing year. The debtor under the agrarian receipt is obliged to inform the persons to whom he transfers the right of ownership or the right to use the land plot, the agricultural products of which are the subject of the pledge under the agrarian receipt, about the existing restrictions according to the issued agrarian receipts.<\/p>\n
Agrarian receipts are drawn up in two copies, one of which is kept in the files of the person who performs notarial acts on their certification and registration, and the second copy is transferred to the creditor on an agrarian receipt. At the request of the debtor under the agricultural receipt he may be provided with a certified copy of the agricultural receipt issued by him.
\nThe advantage of an agricultural receipt is that the agreement is concluded in the shortest possible time, in contrast to the bank’s loan agreement, which is considered for up to one month. The main participants in financial and credit relations are the borrower-agrarian (debtor), who issues an agricultural receipt, and the bank (creditor), which provides funds, services, performs work as a counter-obligation under the agricultural receipt. The agricultural receipt is considered issued from the date of its registration in the Register of agricultural receipts. The holder of the Register of Agrarian Receipts is the Ministry of Agrarian Policy and Food of Ukraine, which ensures its maintenance. Agricultural receipts are divided into commodity (provide for the debtor’s obligation to transfer products and the ability to pre-agree the recalculation of the quantity of products due to possible differences in quality, place and delivery time determined by agricultural receipt) and financial (oblige the debtor to pay money, amount which is set at the time of receipt or may be determined in the future, taking into account prices for agricultural products in a certain quantity and quality). Creditors have the opportunity to monitor the harvested crop (before sowing and monthly inspection of fields) (photo and video survey of land, crops, warehouses), and during the harvest is a round-the-clock supervision. When the requirements for proper cultivation are not met, the creditor can use the appropriate technology to grow products, and the costs of such cultivation are borne by the debtor.
\nIn total, 2,063 agricultural receipts totaling UAH 14.2 billion have been issued since 2015, and a total of 995 agricultural producers have used the tool, 90% of which are small in size. In 2019, the positive dynamics continues since the beginning of the year. for a total of UAH 7.8 billion. It is important that small agricultural producers actively use agricultural receipts.
\nIt should be noted that the institution of agricultural receipts is generally protected by the State and participants in financial and credit transactions are rarely faced with the risks of ensuring the fulfillment of their obligations.
\nAt the same time, there are many cases when a debtor on an agricultural receipt (a natural or legal person engaged in agricultural production and wishing to issue an agricultural receipt to acquire the status of a debtor on an agricultural receipt, or issued such an agricultural receipt) evades its obligations to the creditor . The main form of such actions is not to transfer funds to the creditor’s account from the sale of mortgaged property.
\nIn this case, the creditor must take certain actions to eliminate the violation. First, the creditor sends the debtor a document called a “notice of elimination of the violation”, in which the creditor notifies the debtor of the debtor’s failure to comply with the agricultural receipt and warns of his intention to apply for a writ of execution.
\nIf this type of security has not yielded results, the creditor may apply to a notary for a writ of execution within 1 year from the day after the date of execution specified in the agricultural receipt.
\nThe creditor under the agrarian receipt is obliged to make the inscription “Done” on the agrarian receipt within three working days from the moment of receipt of the obligation under the agrarian receipt, which is sealed with the signature and seal (if any) of the creditor and return such agrarian receipt to the debtor. Repayment is made by personal transfer of the agricultural receipt from the creditor to the debtor, and in case of impossibility – by sending a valuable fox with a description of the investment to the debtor’s address specified in the agricultural receipt. After returning the original agricultural receipt with the mark on its execution to the debtor under the agrarian receipt, the debtor under the agrarian receipt has the right to apply to the person performing notarial acts to make an entry on the execution of the agrarian receipt in the relevant registers. The agricultural receipt with a mark about its performance before repeated circulation is not allowed. Information on issued agricultural receipts and their implementation is stored in the Register for at least ten years.
\nAgricultural receipts for the Ukrainian agribusiness – this is the tool that will help overcome the systemic crisis in the field of production and marketing of agricultural products, will open new opportunities for the development of the agricultural sector. Anything new is not easy to put into practice, but you need to work with innovations that are interesting and promising, building trust and seeking improvement in the lending system.<\/p>\n","protected":false},"excerpt":{"rendered":"
At the initiative of the law firm Reveling Information, whose lawyers represent the victim in criminal proceedings, a group of investigators was organized under the auspices of the Kyiv Oblast Prosecutor’s Office to search elevators in Rivne, Lviv and Volyn oblasts to identify and harvest rapeseed.<\/p>\n","protected":false},"author":1,"featured_media":994,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[7],"tags":[],"_links":{"self":[{"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/posts\/1008"}],"collection":[{"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/comments?post=1008"}],"version-history":[{"count":3,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/posts\/1008\/revisions"}],"predecessor-version":[{"id":1015,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/posts\/1008\/revisions\/1015"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/media\/994"}],"wp:attachment":[{"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/media?parent=1008"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/categories?post=1008"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.revealinginformation.com.ua\/en\/wp-json\/wp\/v2\/tags?post=1008"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}