Contracting agricultural products in modern civil circulation: searching for the optimal regulation model

Volume 5, Number 4, 2020, P. 462–474

[ JURIDICAL SCIENCES ]

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Abstract:

The author defends the conclusion about the necessity to develop an optimal model of legal regulation of relations in the field of agriculture that involves a combination of public and private law mechanisms. It is proposed to modernize the contractual mechanism for the production and sale of agricultural products adequately to the current level and state of socio-economic relations in the field of agriculture. It has been established that the contracting agreement is not the only possible civil law contract that mediates relations for the procurement of agricultural products, both in the modern period of the development of civil legislation and in previous periods. The historical periodization of the development of civil legislation on contracts aimed at purchasing agricultural products is given. Depending on the content of the legal regulation of procurement relations, due to the determination of the place of this contractual structure in the system of civil contracts, three stages are distinguished: pre-revolutionary, Soviet and post-Soviet (modern). The focus is on the fact that the contracting agreement as a special legal form of relations for the sale of agricultural products became known to domestic civil legislation only in Soviet times. The study of the Soviet period of the development of contracting legislation is divided into four stages: the stage of commercial contracting (1922–1928), the stage of production contracting (1928–1933), the stage of contracting industrial crops (1933–1961), the stage of state purchases of agricultural products (1961-1991). The main problematic issues of interpretation and application of modern civil legislation on the contracting agreement are considered.

Keywords:

civil law, legal nature, agreement, delivery, contracting, agricultural products

Author:

Aleksandr A. Pakharukov, Cand. Sci. (Jurisprudence), Associate Professor, Head of Jurisprudence Department, Irkutsk National Research Technical University, Irkutsk, Russia

For citation:

Pakharukov A.A. (2020) Contracting agricultural products in modern civil circulation: searching for the optimal regulation model. Sotsial’naya kompetentnost’ = Social Competence. Vol. 5. No. 4. P. 462–474. (In Russ.)

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