Subjects of legal relations in the field of organic agricultural production: general characteristics

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Novak Tamara ◽  
◽  
Melnyk Viktoriia ◽  

The article is devoted to the definition of the concept and types of subjects of legal relations in the field of organic agricultural production based on the analysis of doctrinal approaches and provisions of domestic and international law. Applying the approach «from general to specific» the concepts of «subjects of legal relations», «subjects of agrarian legal relations», «subjects of legal relations in the field of organic agricultural production» are investigated. It is concluded that the concept of «agricultural producer» is generalized and covers all producers of such products, regard less of the object of production and other characteristics of this entity and the production process. Formulated is the concept of «producer of organic products (raw materials)» – a subject of agrarian legal relations, which independently owns and disposes of separate property, in the property complex of which the main means of production is a natural object – agricultural land used by it for organic production, as well as processing of raw materials of plant and animal origin, or a fishery facility for the production and processing of aquaculture facilities in order to ensure food security, subject to compliance with environmental safety requirements. The basic constitutive features of producers of organic products (raw materials) are determined: the presence of a certificate of conformity and inclusion in the registers according to the legislation. It is substantiated that the main subjects of legal relations in the field of organic agricultural production are individuals and legal entities engaged in the production and/or circulation of products in accordance with the requirements of legislation in the field of organic production, circulation and labeling of organic products. Auxiliary subjects of legal relations in the research area are certification bodies, public authorities with powers in the field of regulation and control over such activities, as well as processing, procurement, marketing, supply, service and other agricultural entities, the public. Keywords: subject, legal relations, organic agricultural production, agricultural enterprise, producer of agricultural products, agricultural products, operator, certification body, organic products

Author(s):  
N. L. Khomiuk ◽  
N. V. Pavlikha

The article substantiates the directions of diversification of agricultural production in Ukraine on the basis of sustainable development in order to improve the quality of life of the rural population, ensure the competitiveness of rural areas, achieve environmental safety. In the process of research in the areas of diversification of agricultural production used a monographic and graphic methods and scientific generalization. Diversification is seen as the diversification of the object of study and giving it a multidisciplinary, combined nature, which is realized by expanding the scope of the enterprise. Attention is drawn to the fact that in rural areas diversification should be based on the basis of sustainable development and on the relocation of resources to new areas of agricultural and non-agricultural activities. It is proposed to diversify agricultural production in the areas of expanding the range and markets, support and development of organic production, increase the volume of niche crops, which will contribute to the production of agricultural products with a larger share of value added, increase exports of agricultural products, expand the population. Declining trends in agricultural production have been identified in parallel with the growth of more profitable types of crop and livestock products (rapeseed, sunflower, pigs, poultry). It is emphasized that during the formation of the species structure of agricultural production it is necessary to take into account not only the demand for it but also to ensure efficient and rational use of available labor, raw materials, land, technical, technological, financial and other resources. The expediency of growing niche crops (garlic, sorghum, chickpeas, mustard, nuts, flax) is substantiated, the main advantage of which is the growth of demand for these products in combination with small production volumes, which will expand markets and increase the competitiveness of agricultural production. It is proved that in Ukraine there are all the prerequisites for the spread of organic land use as a direction of diversification of rural development on the basis of sustainable development. This allows not only to make a profit, but also to produce environmentally friendly food and reduce the destructive anthropogenic impact on the environment. Further research should be carried out in the field of formation of the scientific concept, development of the mechanism of organizational and economic support and selection of priorities of diversification of agricultural production.


Author(s):  
A. V. Salnikova ◽  
◽  
N. A. Makarenko ◽  

Organizational production of agricultural products is used to preserve the natural environment and to preserve the quality of the products. The development of organic wines in the light of 100 years and over the course of the period has become insane, as for the correct organization of it, you can preserve ecological, social, and commercial transfers. The organizational structure has become a warehouse part of the bio-economy and circular economy, which is a priority for the economic development of the European Union, the USA, Great Britain, the Great Britain, the Republic of Korea, Japan, and the United States of America. For determining the prospects and problems of organic production of agricultural products, general scientific methods were used such as publicity, systematization, analysis, and synthesis, of the scientific literature and normative documents. For an additional analysis of regulatory documents, a procedure for certifying the authorities of the United States, the European Union and Ukraine has been established. Ukraine, in turn, began to take the first steps towards organic production in the late 1990s. It was at this time that she began to grow organic grain and opened export lines for its transportation to other countries, mainly Europe. Ukraine remains a leader in the production and export of organic cereals. Export competitive advantages of national agar products are lower production costs and logistics support. Ukraine continues to increase its organic production capacity - an increasing number of operators are appearing in this sector of agricultural production. As of 2019, the share of organic production of crop products in Ukraine is 1.4% (5th place in the world in terms of growth rate of organic agriculture), which is 467.9 thousand hectares of the total area of agricultural land in 32, 7 million hectares, as well as 470 operators of organic production. The dynamics of changes in organic agricultural production in Ukraine indicates a general trend of increasing their number, but in some periods, there is a decrease due to the economic and political situation in the country and changes in legislation in this area. Ukraine has significant advantages of organic production, which include a high level of soil fertility, favorable climatic conditions, traditional orientation as an agrarian state. Also, the price of Ukrainian products is lower than the minimum price of organic products of European countries. In the organic production of crops use methods that optimize the biological activity of soils, provide a balanced supply of nutrients to plants. At the same time, there are problems in Ukraine that hinder the development of organic production. In particular, the diversity of the territory in terms of the level of pollution of environmental components, lack of practical application of innovations and modern technologies of agricultural production. The lack of state support for organic producers and state certification system (including qualified specialists for its implementation). Resolution of the Cabinet of Ministers of Ukraine of October 21, 2020, № 1032 "On approval of the Procedure for certification of organic production and / or circulation of organic products and amendments to the resolution of the Cabinet of Ministers of Ukraine of October 23, 2019, № 970" approved the stages of certification. Was made the comparison of approaches to the certification of agricultural enterprises in Ukraine shows that they meet European and American standards. However, the absence of a state certification body that certifies organic producers and accredits private certification bodies makes it impossible for state control over organic market operators and the functioning of state certification. The current certification system in Ukraine does not cover the issue of soil contamination or other components of environment, which may affect the quality and safety of organic products. In Ukraine, enterprises in various sectors of the economy use outdated technologies, which can cause soil contamination of agricultural lands, and, accordingly, affect the quality of organic products. Currently, the Laws of Ukraine and the Cabinet of Ministers do not require: the location of the organic agricultural enterprise; content of harmful substances in the soil (including the content of radionuclides and pesticide residues); content in the soil of nutrients that can ensure the production of quality agricultural products and confirm the activities of the farm aimed at maintaining soil fertility. To guarantee the quality of organic products, it is advisable in the certification procedure to consider the level of fertility and soil contamination of agricultural lands, as well as the availability of sources of environmental pollution in the location of the organic producer. Given the above, it is advisable to introduce criteria for assessing the compliance of soils with the requirements of organic production. This approach can guarantee the safety and quality of organic products. During the organization of organic production of agricultural products in Ukraine, the issues of criteria for assessing compliance with regulatory requirements, documentation to be kept by the operator of organic production, etc.


Author(s):  
L. S. Kryuchko

The article considers the expediency of organic agricultural production with the definition of a number of advantages, such as economic, environmental and social. The conditions for the development of organic agricultural production are given, namely: the presence of large areas of environmentally friendly agricultural land; high fertility of soils; favorable climatic conditions; low level of use of mineral fertilizers, plant protection products; presence of potential consumers market; Export attractiveness of organic products for EU countries; provision of the agrarian sector of the economy by labor resources. The efficiency of production of organic agro production, which is determined by internal (organizational, techno-technological, economic, marketing) and external (economic, institutional, legal, natural-ecological, social) factors, is investigated. The reasons that hinder the efficiency of production of organic products in Ukraine, which can be attributed to: imperfect institutional support and lack of state financial support; Innovative passivity of most manufacturers and management structures; lack of awareness of producers regarding the specifics of organic production and the public regarding the benefits of organic products; the predominance of exports of organic raw materials; processing, production, wholesale and retail trade in organic products of consumption are still underdeveloped; deficit of grain and other agricultural crops of organic origin; insufficient number of cattle as the main producer of organic fertilizers; high cost of borrowed funds; high ethnogeny load on the area of ​​Central and Eastern Ukraine. The evolution of the organic agricultural market will lead to the development of the relevant infrastructure. Agriculture of Ukraine has all the conditions for the development of organic agricultural production, since the soil-climatic allow to significantly expand the volume of organic farming. Co-operation of the organic agricultural sector in Ukraine is presented in the form of dairy cooperatives, which are intended for the sale of milk at more attractive prices. The cooperative movement makes it possible to combine efforts to create real competition for powerful agrarian enterprises and, at the same time, to promote the spread of organic agricultural production.


2020 ◽  
Vol 10 (5) ◽  
pp. 145-149
Author(s):  
T.O. Stepanenko ◽  
O.Ya. Petrenko ◽  
P.F. Tsygikal

In the interests of further development of organic production in Ukraine, it is necessary: to increase the area for the "organic" production through the use of uncontaminated lands; to create conditions for proper stimulation of agricultural producers, reduction of risks of organic production; to work out a system of state certification of organic products, to ensure clear state control over the quality of organic food; to create an appropriate base for the processing organic raw materials; to promote the competitiveness of domestic "organic" in the world market. Therefore, when greening agricultural land use as a basis for the development of organic farming, it is advisable to determine the optimal areas at the state level, primarily from an ecological point of view, involved in agricultural land turnover. To develop mechanisms for their most cost-effective use and provide the most favorable conditions for preserving the ecological and economic potential of agricultural land. We see the main goals of greening of agricultural production in the greening of social production, including the agricultural sector by greening its individual components, which are combined into a single system. Greening technological and management solutions are undoubtedly important. The priority tasks of greening agricultural land use as the main component of organic farming include strengthening environmental safety; reducing the man-made load on natural biocenoses; rational use of natural resources; preserving, reproducing and increasing soil fertility; introducing energy-saving waste-free production technologies; increasing the production of environmentally friendly organic products.


2021 ◽  
Vol 273 ◽  
pp. 08009
Author(s):  
Yury Voloshin ◽  
Ruslan Zhemukhov ◽  
Marina Zhemuhova

The modern world has accumulated a large number of problems, one of which is global and regional food security. Technically, food security is linked to the production and processing of agricultural raw materials. One of the ways to ensure regional food security is to establish a link between agricultural production and the availability of agricultural land in the region per capita. In this paper, we consider a method for modeling the internal production of agricultural products in the region, depending on the availability of agricultural land, and also solve the inverse problem. Agricultural production is a multi-factor process with inaccurate and incomplete information about its implementation. A fuzzy logic system with appropriate software is widely used to solve this type of problem. This paper uses the MATLAB environment.


Author(s):  
Бурляй А. П. ◽  
Бурляй О. Л. ◽  
Непочатенко О. А. ◽  
Нестерчук Я. А. ◽  
Cвітовий О. М.

Safety and quality of food is an important problem in many countries today, and environmental safety of agricultural products becomes one of the main factors of its competitiveness on domestic and foreign markets. Organic agriculture provides balanced state of the ecosystem that is the key to sustainable economic and social development of society. Development of the organic products market in Ukraine is essential for the formation of organic products supply on the European Union market. The purpose of the article is to determine the place of Ukraine in the formation of supply of the European market organic products. In the world, organic production began to emerge in the 20s of the twentieth century.Ukraine has significant natural and economic potential, which in perspective will become one of the most important subjects that will form the supply on this market. The purpose of the article is to determine the place of Ukraine in the formation of supply of the European market organic products.


2017 ◽  
Vol 7 (4) ◽  
pp. 73-80
Author(s):  
O. Yu. Voronkova ◽  
G. Ya. Baryshnikov ◽  
O. N. Baryshnikova ◽  
O. N. Sokolova

<p>The topical issues of formation and development of agriculture, based on the production of organic products were considered in the article. The article presents the concept of "organic agriculture", "agriculture, focused on the production of organic products", and explains the author's understanding of their content. Specific background of involvement in agricultural production turnover of fallow and unused land for the purpose of organic agriculture was justified and grounded. It is important to note that the special importance of the problem of fallow and abandoned land noted the Russian Federation Vladimir Putin in the annual message of the President to the Federal Assembly in 2016. The article substantiates the main directions of formation and implementation of the concept-oriented agriculture to organic production, the level of subjects of the Russian Federation in the framework of the strategy of food import substitution.</p><p>The authors proposed the methodology of formation and realization of regional targeted programs of agricultural development, on its basis was developed a project of the regional target program "Involvement in agricultural production is not used for the intended purpose of arable and fallow agricultural lands of the Altai Krai for the production of organic products for 2017–2022". The prognosis of production of agricultural products of the Altai territory, the allocation of shares of organic agricultural products and performance assessment was calculated from the strategic plans of development of the organic sector of agriculture of the Altai territory and the project of the regional target program already developed by the authors.</p>


Author(s):  
N.N. Novikov ◽  
◽  
S.V. Mitrofanov ◽  
N.N. Grachev ◽  
M.M. Varfolomeeva ◽  
...  

Based on the analysis of statistical yearbooks "state of contamination of soils and objects of the natural environment of the Russian Federation with pesticides and toxicants of industrial origin", analysis of the incidence of workers and the population from exposure to residual pesticides and heavy metals, the need to assess soil contamination for organic farming purposes in accordance with the requirements of article 9 of the Federal law of 03.08.2018 No. 280-FZ "on organic products and amendments to certain legislative acts of the Russian Federation"is justified. For evaluation, a digital technology is proposed in the management of environmental safety and labor protection in agriculture, developed by scientists of the ITOSH-branch of the FGBNU FNAC VIM. It is proposed to solve the problems of detoxification of soils contaminated with heavy metals and residual pesticides identified during the assessment using the available domestic and foreign experience by various methods: physical, physical-chemical, and biological.


Author(s):  
Gennadiy A. Polunin ◽  

The article is devoted to substantiating the prospects for increasing the marginal volumes of agricultural production for export in the next four years. Two scenarios of such production are considered: 1) expansion and 2) intensification of the use of land resources. As part of the development of the first scenario, an analysis of the distribution of unused agricultural land, including arable land, by federal districts was carried out. Also, based on the forecast of the introduction of additional annual volumes of acreage in the subjects of the Federation, the calculation of additional volumes of agricultural production, which can be expected in the next four years, was carried out. The analysis of data on the increase in the yield of export-oriented crops over the past five years has been carried out, in the framework of the second scenario, the calculation of the projected additional yield due to the intensification of agriculture is presented. The results of the study indicate that the intensification of agriculture will have the greatest impact on the growth of production and export of agricultural products in the near future.


Author(s):  
Оlena Stefan ◽  

The article, based on a comprehensive analysis of regulations, doctrinal approaches and case law, substantiates the understanding of the term "agriculture" in terms of purpose (use) of land. Direct analysis of regulations revealed that agricultural land is land provided for agricultural production, agricultural research and training activities, location of relevant production infrastructure, including infrastructure of wholesale markets for agricultural products, or intended for these purposes. In turn, the purpose of the land is the permissible limits of land use by citizens and legal entities (acquirers of such a right) established by law and specified by the relevant body (which transfers such land into ownership or use). The basis for determining the purpose of the land is its belonging to the appropriate category. The main criterion, for example, to distinguish agricultural production (agricultural activity) from other activities is the use of agricultural land as the main (basic) means of production. As a result of the study, it was concluded that the term "agriculture" can be understood in its broad and narrow sense. In a broad sense, the term "agriculture" is the use of land for commercial agricultural production, farming, personal farming, subsidiary agriculture, individual and collective gardening, haymaking and cattle grazing, for research and training purposes, provision of services in agriculture, placement of infrastructure of wholesale markets for agricultural products, as well as other activities on agricultural land, depending on the activities provided by law and the constituent documents of the economic entity. In a narrow sense – this is the purpose of agricultural land. The understanding of the term "agriculture" as the purpose of agricultural land is used by the court in resolving disputes.


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