DOI: 10.7256/2453-8809.2022.4.39501

Abstract: Using the comparative legal method, the article analyzes the provisions of recently adopted Federal laws regulating, respectively, the production of organic agricultural products and products with improved characteristics (hereinafter referred to as improved products), which are important vectors for the development of a "green" economy in Russia. The purpose of the study is to identify the similarity of these two laws and the main differences between them and to determine the feasibility of the existence of two laws regulating largely identical relations. When writing the article, along with the mentioned comparative legal method, general scientific and special legal methods (analysis, generalization, formal legal, etc.) were used. This made it possible to establish the advantages and legal and technical, as well as substantive shortcomings of the normative legal acts under consideration and to come to conclusions with a certain degree of scientific novelty. In particular, the study showed that both the developers of the Law on Improved Products and many scientists consider improved products as "green", environmentally friendly, i.e. as a kind of organic products, and if this is so, then, in the opinion of the author, there was no need to adopt a Law on improved products. If some relations were still insufficiently clearly regulated, it would be possible to make appropriate changes to the Law on Organic Products (for example, to introduce different types (categories) of such products "according to the degree of their organicity"), rather than adopt a duplicate law. But, assuming that the Law on Improved Products is unlikely to be repealed, the article proposes to more clearly define the range of relations regulated by each of the Laws under consideration, make the concept of improved products more informative, clarify that relations for the production of improved products are regulated not only at the federal level and solve a number of other issues.

DOI: 10.7256/2453-8809.2021.3.37211

Abstract: The subject of consideration in this article is the trends in the development of agrarian and legal research conducted by the scientists of the Russian Federation and the Republic of Belarus.The purpose of the study is to identify the problems that currently attract the attention of scientists and which, by and large, are common to both states, and to analyze the ways proposed by the researchers for legislative solutions to these problems.When writing the article, general scientific and special legal methods were used (analysis, generalization, formal legal, comparative legal, historical). This made it possible to reveal the current state of the agrarian legislation of the two states, to identify the strengths and weaknesses of the legal regulation of relations in the agricultural sector of the economy, including gaps and contradictions, to outline areas for improving legislation.The legal problems of maintaining the balance of public and private interests in the agricultural sector, ensuring food, environmental, biological safety, issues of classification of agricultural sectors, organic agriculture (including aquaculture), the use of GMOs in the production of agricultural products are analyzed. Attention is paid to the issues of the legal status, state support and protection of the rights of agricultural producers and a number of others.The scientific novelty consists in the formulation of conclusions that develop the theory of agrarian law, and practical proposals for improving the legal regulation of relations in the agricultural sphere both in Russia and in the Republic of Belarus.

DOI: 10.7256/2453-8809.2020.2.33840

Abstract: The research subject is social relations in the field of establishing and applying the subsidiary responsibility measures in agricultural cooperative societies. The purposes of the research are: legal assessment of the provisions of the Federal law “ On agricultural cooperation” about subsidiary responsibility of members of cooperative societies and their application by courts; analysis of doctrinal views of lawyers and economists on the problems of subsidiary responsibility in general and such responsibility in agricultural cooperative societies in particular; development of scientifically grounded suggestions on the improvement of legislation in this sphere which will allow correcting law-enforcement practice. Using general and specific legal methods of research, the author arrives at the conclusion that the proposals about the cancellation of subsidiary responsibility in agricultural cooperative societies can hardly be implemented in the current conditions. In this situation it seems more reasonable to correct the provisions of the current legislation in the following directions: equal responsibility of all members of a cooperative society should be established in the Law rather than that depending on their share; it should be clearly stated that subsidiary responsibility of the members of the cooperative society is not solidary; the order of making additional contributions for covering losses should be regulated in detail; subsidiary responsibility for the cooperative society’s debts should be imposed not only the newly adopted members, but also on the leaving ones (for losses formed during their membership) during five years upon their withdrawal. The authors substantiate constructive ideas proposed earlier in specific literature, and formulate new suggestions which can make agricultural and consumer cooperative societies more attractive for agricultural workers.