Legal support for the activities of agricultural transnational corporations in Ukraine

Author(s):  
Mykhaylo V. Shulga ◽  
Ganna S. Korniyenko ◽  
Ivan V. Yakoviyk

Agricultural transnational corporations have always expressed interest in Ukraine as a state with a strong natural potential and good and reliable prospects for agribusiness. Under the influence of factors such as climate change, an unprecedented increase in the world's population and, as a result, a high demand for agricultural products, this interest will increase, and the role of agricultural transnational corporations will grow every year. Therefore, one of the most urgent research and practical problems that lawyers will have to solve is the definition of the key term “agricultural transnational corporations” and the identification of their features. This will allow the Ukrainian legislator to regulate complex and multidimensional relations with their participation in the agricultural sector as accurately as possible and, in particular, govern relations concerning the activities of these subjects of agricultural business, and eliminate gaps in the current legal regulation. Considering this, the purpose of this study was to attempt establishing the essence of agricultural transnational corporations as a legal phenomenon based on an in-depth analysis and to define this term, classify these corporations on certain grounds and establish the specific features of their activities. The study was conducted considering the existing legal support of these participants in agribusiness relations. Research methods included a set of philosophical, general scientific, and special legal methods. The synergetic research method was the fundamental method of understanding the legal support of agricultural transnational corporations. It was proved that an agricultural transnational corporation is a complex entity that engages in agricultural activities in two or more countries, is managed and controlled from a single centre and comprises a parent company, subsidiaries, branches, and departments. The study analysed positive and negative aspects of the activities of agricultural transnational corporations. It was established out that the following agricultural transnational corporations act in Ukraine: in the field of crop production, animal husbandry, processing, servicing agricultural producers, and with mixed activities (simultaneously engaged in both crop production and animal husbandry). It was emphasised that the agricultural chain of a transnational corporation can cover different countries

Author(s):  
H. Vyslobodska

The article defines the role of the market of agricultural production services in the process of agricultural production. The works of domestic scientists devoted to the efficiency of agricultural production, services sphere and the market of agricultural production services are analyzed. A number of methods have been selected for this study. The essence of the concepts of production service and the market of agricultural production services is defined. There are established that the volume of use of production services in the agricultural production process depends on the area under crops in crop production and the number of heads in animal husbandry. The dynamics of changes in sown areas and livestock in Ukraine are analyzed. It is determined that all production operations in agriculture are carried out in accordance with the technological maps. The definition of the concept of “technological map” is given. Information on the composition of agricultural production services in the field of crop production is given. It is established that agricultural production services in crop production can be carried out both manually and mechanized. The importance of technical equipment of the agricultural enterprise for the implementation of the production process was showed. The presence of the main types of agricultural machinery in agricultural enterprises of Ukraine and households is analyzed. The peculiarities inherent only in production services in the field of agriculture are highlighted. The dependence of the volumes of production services on the total volumes of sown areas in crop production and animals in animal husbandry were shown. The concept of production outsourcing is defined and its place in the activity of agricultural producers is defined. The results of a sociological survey of consumers of agricultural production services are shown and analyzed.


2020 ◽  
Vol 16 (6) ◽  
pp. 1101-1113
Author(s):  
M.Sh. Gutuev ◽  
B.Sh. Ibragimova

Subject. The article discusses the availability of technological equipment in the agriculture of the Republic of Dagestan. Objectives. We analyze the current situation and trends in the development of available technological equipment in the republican agriculture, identify the role and place of machine and tractor fleet in the retrofitting of the regional agriculture. Methods. The study is based on monographic, abstract logic, statistical, analytical methods. Results. Dagestan has got a critically few technological equipment, which affects the development of the regional agricultural sector. The availability of technological equipment is found to have dramatically reduced in animal husbandry for the recent 30 years. The availability of technological equipment and land cultivation strongly correlates, thus simplifying applicable agricultural technologies. Most agricultural producers of Dagestan were found to be unable to participate in the program for federal agricultural lease. Conclusions and Relevance. The deterioration of available technological equipment in agriculture is a key cause undermining the competitiveness of products and efficiency of the regional agriculture. We prove the importance of governmental actions incentivizing the influx of new technological equipment, including a set of measures reinforcing the availability of technological equipment. As long as most agricultural producers are microbusinesses that lack resources to participate in many machine renovation programs, funding should be increased substantially to subsidize a portion of equipment acquisition costs incurred by agricultural producers, and a portion of reimbursed costs as much as at least 50 percent of the value of agricultural machines acquired.


2020 ◽  
Vol 9 (3) ◽  
pp. 538
Author(s):  
Inna Kovalchuk ◽  
Olesia Melnyk ◽  
Anna Pakhomova

The article is devoted to theoretical and practical aspects of reforming the commercial and legal regulation of advisory services in the agrarian business of Ukraine. The characteristic of agricultural advisory activity model structure in Ukraine is given, which currently consists of several levels of subjects of such activity: the first level - national, nationwide; second level - regional; third level - local; fourth level - personal. Particular attention is given to the legal analysis of the essence of "advisory services in the agricultural business" as a type of commercial activity, and taking into account the provisions of the current legislation, it is proved that in its essence and legal nature - agribusiness advisory is an institution of commercial law. The article examines and characterizes a typical business agreement for the provision of advisory services in the agricultural sector of the Ukrainian economy, the essential conditions for this type of contracts are given, and their characteristics are defined. The advisory activity is seen as an effective instrument of state agrarian policy. Keywords: commercial and legal regulation, advisory service, advisory activity, agrarian business, advisor, expert consulting services, consulting


VUZF Review ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 42-49
Author(s):  
Nataliya Tanklevska ◽  
Vitalina Yarmolenko

The article is aimed at identifying modern features of insurance in the agricultural sector of the Ukrainian economy and defining the factors of influence on the agricultural insurance market. The article discloses interpretation of the terms of «insurance» and «agricultural insurance» and also presents the types of possible risks arising in the activities of agricultural enterprises. The performance indicators of leading insurance companies in the field of agricultural insurance are analyzed. The current state and dynamics of insurance of agricultural risks, which arise both in the field of crop production and in livestock, are researched. This will allow predicting the future prospects of the market for insurance services and products, as well as finding possible optimal ways to solve the problems of product insurance, faced by the agricultural producers. The main factors influencing the efficiency of the insurance market in the agricultural insurance sector are allocated. The basic principles of insurance of agricultural products with the State support are analyzed. It is defined that the further development of agricultural insurance should be directed towards creating a profitable and safe environment for all participants in the agricultural market, which provides for the distribution of risks between agricultural producers, processing enterprises, banks, insurance companies and the State. The agricultural insurance of risks creates possibilities for advantageous harmonizing the interests of participants in the agricultural insurance market and the State as a party whose first priority is to ensure stable economic growth.


Author(s):  
Dina TOKARCHUK ◽  
Irina FURMAN

The article substantiates the main determinants of the development of energy efficient technologies in the agro-industrial complex of Ukraine. The main problems that hinder the achievement of energy independence of Ukraine are revealed and their essence is revealed. The problems and prospects for the adaptation of current technologies in crop production, the latest technical and technological solutions in animal husbandry and resource-saving farming systems to the existing conditions of domestic agricultural production are stated. The analysis of the use of modern energy efficient technologies in the field of crop production is carried out and it is substantiated that they are associated with the use of modern technology and renewable energy sources, space information technologies. The features of innovative energy- and resource-saving farming technologies are considered. The newest technical and technological solutions in animal husbandry, contributing to energy saving in the context of modern technical and technological support of the industry, energy and resource saving technologies, production of biofuel (biogas) with a description of problems and prospects are proposed. Measures to overcome the crisis state of innovative and technological activity of agricultural enterprises are proposed, aimed at strengthening the agricultural sector and ensuring its progressive development. The use of promising energy-efficient technologies in the agro-industrial complex has been substantiated as a guarantee of the development of the industry on an innovative basis. Review of measures to improve government regulation and incentives for the transition to energy efficient technologies, namely: improving the image of the state on the world stage to increase investment attractiveness; development of an effective energy policy that will have a close relationship with the European energy direction; liberalization of energy markets and delineation of energy supply sources, etc. It has been proved that at the state level it is necessary to constantly inform agricultural producers about modern energy-saving technologies, introduce pilot projects, and continuously monitor the efficiency of energy resources use.


Author(s):  
Anastasiia Andreevna Iugina

The subject of this research is the transfer-pricing rules applied in various countries, their peculiarities and flaws from the standpoint of approach to taxation of transnational corporations overall; as well as practical issues of implementation of transfer-pricing rules for transnational corporations and fiscal authorities, namely the problems of avoidance of taxation by the representatives of transnational corporations and ambiguity of the applied approaches towards regulation. The author examines differences in the rules applied by various jurisdictions, as well as law enforcement problems emerging thereof. Relevance of the topic is substantiated by high significance of transfer-pricing rules for taxation of transnational corporations, as well as the need for ensuring universality in international taxation. The main conclusions lie in determination of substantial ambiguity in the transfer-pricing riles, associated with the lack of information on comparable transaction in the available information systems, as well as assessment of rules with regards to each individual situation. The mechanism employed by the Organization for Economic Cooperation, aimed ate elimination of flaws in transfer-pricing rules, such as consensual procedure, are expensive and often ineffective for transnational corporations. Therefore, elimination of dual taxation is achieved only in some situations. Differences of legislation on transfer pricing in various jurisdictions can also lead to dual taxation of transnational corporations. Moreover, the “arm’s length” principle do not allow reflecting synergetic effects that emerge in the context of activity of transnational corporation, and thus, definition of taxation base within the framework of acting transfer-pricing rules is incomplete.


Legal Concept ◽  
2021 ◽  
pp. 137-143
Author(s):  
Tatyana Kokoreva

Introduction: the paper is devoted to the study of the essence of understanding TNCs in the banking sector through the analysis of such concepts as “transnational company (corporation)”, “international company (corporation)”, “international bank” and “transnational bank”. To this end, the author examines the concept and features of transnational corporations in the banking sector, their essential features, highlighted by the civil doctrine and used by judicial practice. Using the methods of scientific cognition, primarily the method of system and comparative analysis, the author identifies the constituent features of a transnational corporation by applying an insight-substantive approach to the study of the concept of TNCs as the largest intermediary in the system of international capital migration. Results: it is established that in the modern scientific literature there is no single approach to understanding the transnational corporation in the banking sector. In order to determine the main approaches to the understanding of TNCs in the banking sector, the author’s approaches to the definition of this phenomenon are systematized. The study identifies three groups of approaches: a TNC as a national company transcending the state; a TNC as a set of national companies; a TNC as a parent company operating in several states. Conclusions: the author concludes that a TNC in the banking sector should be understood as a transnational bank operating in several countries on the basis of an institutionalized network of representative offices operating on the basis of the national legislation of the countries of operation, which allows them to ensure the international movement of capital in order to diversify the economy and stimulate the innovative development of international economic relations.


2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Hafurova Olena ◽  
◽  
Marchenko Svitlana ◽  

The article is devoted to the analysis of legal issues of deregulation of agrarian business in Ukraine. Historical aspects of deregulation of Ukraine's economy are studied. The legislation and special literature on deregulation of agrarian business are analyzed, the main measures of deregulation of agrarian business in Ukraine are singled out and characterized. Attention is drawn to the need to ensure the balance of public and private interests in the agricultural sector of the economy in determining the limits of deregulation of agribusiness. Based on the analysis of current legislation and practice of its application, it is concluded that the deregulation of agrarian business in Ukraine is universal, as it covers all elements in the structure of agrarian relations, which allows to consider it as one of the main principles in the mechanism of legal regulation of institutional and functional support. agrarian relations. Keywords: legal regulation, agrarian sphere, agrarian business, deregulation, State agrarian register, public administration, optimization of public administration


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

This article is devoted to the analysis of domestic and international legal bases of use of antibiotics in organic animal husbandry, and also formulation on its basis of the conclusions and offers directed on improvement of the current agrarian legislation in the specified sphere. It is determined that the reform of Ukrainian legislation on veterinary medicine and feed takes in to account the main international requirements for regulating the use of antibiotics in animal husbandry, in particular Regulation (EU) 2019/6 of the European Parliament and Council of 11.12.2018 «On veterinary medicinal products and repealing of the Directive 2001/82/EU». For the effective implementation of legislative requirements in practice, the need to continue working in the following areas is justified: development of by laws in the field of antimicrobial drugs in animal husbandry; collection, accumulation and analysis of information on the amounts and types of antibiotics used by agricultural producers; development of advanced livestock technologies without the use of antimicrobials, taking in to account the positive experience of other countries; dissemination of knowledge about such technologies among agricultural entities. As a result of the study of the current legislation in the field of organic agricultural production, it was concluded that the legal regulation of the use of antibiotics in organic animal husbandry meets international requirements, namely such basic documents as Commission Regulation (EU) of 05.09.2008 № 889/2008 «Detailed rules on organic production, labeling and control for the implementation of Council Regulation (EU) № 834/2007 on organic production and labeling of organic products» and Council Regulation (EU) № 834/2007 «On organic production and labeling of organic products, and repealing the Regulation (EEC) № 2092/91». To improve the mechanism of control and trace ability of antibiotics in the treatment of farm animals in organic animal husbandry, it is proposed: to accelerate the work on the adoption of the Procedure for the use of antimicrobial drugs in veterinary medicine; to supplement the Procedure (detailed rules) of organic production and circulation of organic products with provisions on the requirements for documentary confirmation of the use of antimicrobial drugs by operators, storage periods of relevant documents. Keywords: antibiotics, antibiotic resistance, safety of organic products, organic livestock products, organic agricultural production, organic animal husbandry, legal regulation, quality of organic products


2020 ◽  
Vol 4 ◽  
pp. 109-117
Author(s):  
G.K. SAPAROVA ◽  
◽  
A.М. ALSHYNBAY ◽  
G.А. DZHAMBAYEVA ◽  
◽  
...  

The materials are related to the research of issues of public support for the development of small forms of business (SFB) in Kazakhstan. The most important link in agro-industrial complex is agriculture, which provides the country with food products and industry with raw materials. The article examines the domestic and international experience of public support of commodity producers, which makes it possible to draw a conclusion about the need to improve government regulation measures, taking into account regional characteristics, and implementation of State and sectoral programs. The authors note that the availability of budget funds has a significant impact on the effective activity of small businesses. The analysis showed the limited possibilities of attracting loans and other financial sources by small businesses. The solution to these problems should be carried out on the basis of the purchase of a guaranteed volume of manufactured products, provision of loans at the expense of budgetary allocations, concessional lending and taxation, subsidies. The necessary measures of government assistance for the development of the industry as a whole have been determined, in particular, animal husbandry, intensive gardening, and sugar beet processing. Based on the results of the developments, it was concluded that with financial and property support of agricultural producers, including small categories of agribusiness, the tasks set for agricultural sector - increase in market share of domestic products, decrease in import dependence will be implemented. Small farms play an important role in the production of agricultural products, food supply, social stability in the countryside.


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