On the issue of bankruptcy of a peasant (farm) economy

The article examines the issues of legal regulation of the bankruptcy of a peasant (farm) economy in Russia. The authors analyze the legislation that determines the legal basis for bankruptcy, especially the bankruptcy of a peasant (farm) economy, methods of state support for this entity as well as some shortcomings in the legal regulation of bankruptcy of peasant farms as one of the areas of the agro-industrial complex. The article notes the exceptional importance of special norms in regulating the activities of peasant farms and the need to codify legislation in this area due to its specificity.


Introduction
We would like to pay special attention to the legal regulation of bankruptcy of a peasant (farmer's) economy in modern conditions of development of agro-industrial complex because it is one of the largest inter-industry complex aimed at the production and processing of agricultural raw materials and produce of products brought to the end user.
At the present stage of the development of the Russian economy, it is becoming obvious that any enterprise must skillfully adapt to the requirements of the surrounding reality in order to maintain financial stability and long-term competitiveness. Forecasting the financial insolvency of an economic entity is based on the assessment of its financial condition using such methods as anti-crisis policy, official bankruptcy, forecasting methods and criteria, as well as quantitative and qualitative models for assessing the financial condition [1].
Developing urgent measures to support small and medium-sized businesses is the only way to keep them viable. These measures should be based on a clear regulatory framework, vague interpretations and legal incidents are not allowed. Particular attention is paid to the legislative substantiation of entrepreneurship in Russia and the identification of shortcomings of the newly established regulatory legal acts. [2].
The normative legal acts, by means of which the legal regulation of relations arising in connection with the insolvency (bankruptcy) of the debtor is carried out, together constitute a system of legislation, which it is advisable to call the legislation on insolvency (bankruptcy).
As the history of the development of bankruptcy legislation shows, it should be recognized as ineffective, and does not correspond to the principle of unification of the legal regulation of bankruptcy.
The need for legislative regulation of the specifics of the bankruptcy of a peasant (farmer) farm is due to the specifics of the legal status of peasant (farmer) farms under Russian law, as well as the seasonal nature of agricultural work.
Modern legal regulation of insolvency (bankruptcy) is in the Federal Law N 127-FL "On Insolvency (Bankruptcy)" of 26. 10.2002 [3] and the Civil Code of the Russian Federation [4] which establishes the grounds for declaring a debtor insolvent (bankrupt), defines the peasant farm. Also the procedure and conditions for implementing measures to prevent insolvency( bankruptcy), the procedure and conditions for conducting procedures applied in a bankruptcy case, and other relations of the debtor's inability to fully satisfy the claims of creditors with special features, are established by paragraph 3 of Chapter 10 of the Bankruptcy Law.
A peasant (farm) economy is a voluntary association of citizens related by kinship or property, having property in common ownership, on the basis of membership for joint production or other economic activities in the field of agriculture (production, processing, storage, transportation and sale of agricultural products), based on their personal participation and the consolidation of property contributions by members of the peasant (farm) economy, as well as the head of the peasant (farm) economy, a citizen registered as an individual entrepreneur can be [5].
Currently the legislator has defined a peasant (farmer) farm as a legal entity and a commercial corporate organization that occupies an intermediate position between economic partnerships and economic companies.
Such a novelty at the legislative level was not accompanied by the establishment of a detailed regulation of all the most important issues of the creation, operation and termination (bankruptcy) of this type of legal entity. This conclusion also applies to the grounds, procedure, conditions and consequences of the bankruptcy of this subject of the agro-industrial complex.
The insolvency (bankruptcy) of a peasant (farmer) farm is one of the grounds for the termination of the existence of a peasant (farmer) farm.

Bankruptcy procedures of a peasant (farm) economy
The folloing bankruptcy procedures are applied to a peasant (farm) economy according to the Bankruptcy Law [3]:  [22] In this re. ga. rd, spe. cia. l a. tte. ntio. n sho. uld be pa. id to me. a. sure. s to suppo. rt a. nd pro. te. ct do. me. stic pro. duce. rs in tho. se re. gio. ns whe. re the e. co. no. mic co. nditio. ns ha. ve a ce. rta. in spe. cificity.