Kostiv I. An agricultural production contract.

The dissertation is aimed at studying the current theoretical and practical aspects of civil law regulation of the relations under an agricultural production contract, developing scientifically substantiated provisions and conclusions on improving the current legislation regulating the relations under an agricultural production contract. The thesis presents the history of the formation and development as well as the current state of legal regulation of an agricultural production contract, outlines the laws and regulations governing the relations under an agricultural production contract. Based on the study of the current Civil and Commercial Codes of Ukraine and the works of legal scholars, the concept and the legal nature of an agricultural production contract is analyzed. It is concluded that by its legal nature an agricultural production contract is a paid, consensual, mutually binding, named contract and belongs to the group of contracts on the transfer of property ownership, which entails the application of the general provisions of sales and purchase agreements and supply agreements to the discussed legal relations. A comparative legal analysis including the delimitation of the scope of the application of an agricultural production contract and sales and purchase agreements, supply agreements, barter agreements, commission agreements, forward and futures contracts is conducted. It is argued that an agricultural production contract does not belong to aleatory agreements, and the issue of risk is optional due to the specifics of the producer’s liability for non-performance or improper performance of the contract. A class of persons who can be parties to an agricultural production contract is established. Based on the analysis of the corresponding legislation, it is substantiated that producers of agricultural produce can be legal entities regardless of ownership, production cooperatives, non-profit associations, as well as natural persons — entrepreneurs engaged in business activities aimed at the production (cultivation) of agricultural produce, provided that it is produced (grown) on the producer’s own farm with their own capacities and resources. The contractor (processor) is a legal entity or an individual entrepreneur who purchases agricultural produce, has the appropriate capacity for its processing, produces food items.