Kryvko M. Legal Regulation of Relations on Cultivation and Sale of Medical Plants by the Agricultural Producers.

The thesis is devoted to analyzes of legal regulation of relations concerning cultivation and sale of medicinal plants by agricultural producers. Determined that currently there is no special legal regulation of relations concerning the cultivation of medicinal plants in Ukraine. In this connection it is recommended to develop with the assistance of experts in the field of pharmacognosy, agronomy, pharmacy the State complex target program on support the cultivation of medicinal plants by agricultural producers, as well as Procedure for the cultivation of medicinal plants by agricultural producers. It is substantiate the necessity of improvement of medicinal plants definition given in Art. 1 of the Law of Ukraine dated December 26, 2002 № 411-IV "On seeds and propagating material". The author developed the elements of agricultural producers' legal personality as a subject of relations on cultivation and sale of medicinal plants. It was proposed terms of agreements concluded in the proceedings of cultivation and sale of medicinal plants by agricultural producers: regulation on exemption agricultural producers from liability for breach of contract, which was due to unfavorable climatic conditions or factors; obligation of property risks insurance for agricultural producers, who conduct activity of cultivation and sale of medicinal plants to third parties. Moreover, it is recommended when concluding contracts, mediating activity of cultivation and sale of medicinal plants, to consider the following factors: alternation features of medicinal crops in rotations; periods of growth, maturation and achieve the best quality of medical plants according to their functions; rapid loss by medicinal plants of their useful qualities after harvesting; knowledge-intensive nature of the cultivation of medicinal plants.