New programs for the development of agriculture. Market for agricultural products and food. Industries that work on agricultural raw materials

September 7, 2018 , On state support of investment activities in the agro-industrial complex Decree of September 6, 2018 No. 1063. The Rules for the provision and distribution of interbudgetary transfers from the federal budget to the constituent entities of the Federation to reimburse part of the costs of paying interest on investment loans in the agro-industrial complex have been approved. Stimulation of investment activity in the agro-industrial complex contributes to the modernization of agriculture, increasing the growth rate of agricultural production.

August 7, 2018 , State program for the development of agriculture and regulation of agricultural products, raw materials and food markets for 2013-2020 On budget allocations to agricultural producers for the purchase of fuels and lubricants Order dated August 4, 2018 No. 1620-r. In connection with the growth in fuel prices, 5 billion rubles are allocated from the reserve fund of the Government of the Russian Federation for subsidies to 79 constituent entities of the Federation in order to purchase at least 90 thousand tons of diesel fuel for agricultural work.

December 25, 2017 , State program for the development of agriculture and regulation of agricultural products, raw materials and food markets for 2013-2020 On the transfer of the State Program for the Development of Agriculture and the Regulation of Markets for Agricultural Products, Raw Materials and Food for 2013–2020 to Project Management Decree of December 13, 2017 No. 1544. The State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2013–2020 has been transferred to project management since 2018.

December 25, 2017 , State program for the development of agriculture and regulation of agricultural products, raw materials and food markets for 2013-2020 On the subsidies of JSC Russian Railways for compensation of losses in income during the transportation of grain cargo at a reduced rate Decree of December 20, 2017 No. 1595. The Rules for granting subsidies to Russian Railways to compensate for losses in income resulting from the establishment of preferential tariffs for the transportation of grain were approved. Subsidies will be provided to compensate for losses in income arising from the transportation of grain cargo at a reduced rate from railway stations of the Voronezh, Kurgan, Kursk, Lipetsk, Novosibirsk, Omsk, Orenburg, Oryol, Penza, Samara, Saratov, Tambov and Ulyanovsk regions in the direction of the stations railways of the republics of Buryatia and Dagestan, Transbaikal, Krasnodar, Primorsky and Khabarovsk territories, Astrakhan, Kaliningrad, Leningrad, Murmansk and Rostov regions and the city of St. Petersburg.

December 13, 2017 , State Program for the Development of Agriculture and Regulation of Agricultural Products, Raw Materials and Food Markets for 2013-2020 On the allocation of additional funds for the development of branches of the agro-industrial complex of the Republic of Crimea Order dated December 11, 2017 No. 2759-r. The Ministry of Agriculture is allocated 200 million rubles from the reserve fund of the Government of Russia to provide subsidies to the Republic of Crimea to increase productivity in dairy cattle breeding and to reimburse part of the costs of planting and caring for vineyards.

November 28, 2017 On approval of the list of state programs in which sections should be formed or summary information should be provided on the advanced development of priority territories Order dated November 25, 2017 No. 2620-r. A list of state programs has been approved, in which sections must be formed or summary information on the priority development of priority territories must be provided. The list includes 30 state programs, including five pilot ones.

October 4, 2017 On increasing the volume of subsidies for the creation and modernization of agricultural facilities in 2017 Order dated September 30, 2017 No. 2130-r. Within the framework of the State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2013-2020. The volume of subsidies for the creation and modernization of agricultural facilities, as well as for the purchase of machinery and equipment, has been increased by 2,250 million rubles.

August 28, 2017 , State program "Development of industry and increasing its competitiveness" On approval of the Federal Scientific and Technical Program for the Development of Agriculture for 2017–2025 Decree of August 25, 2017 No. 996. The goal of the Program is to ensure a stable growth in the production of agricultural products obtained through the use of seeds of new domestic varieties and breeding products, technologies for the production of high-quality feed, animal feed additives and medicines for veterinary use, pesticides and agrochemicals of biological origin, processing and storage of agricultural products, raw materials and foodstuffs, modern diagnostic tools, methods of quality control of agricultural products, raw materials and foodstuffs and examination of genetic material.

April 19, 2017 , Agricultural engineering On the provision of subsidies to manufacturers of agricultural machinery Order dated April 17, 2017 No. 715-r. In accordance with the action plan in certain sectors of the economy and within the framework of the State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2013–2020. The Ministry of Agriculture of Russia is allocated 13.7 billion rubles from the Government's reserve fund to provide subsidies to manufacturers of agricultural machinery. This will make it possible to purchase 21,251 units of agricultural machinery and will stimulate the production of domestic agricultural machinery.

February 25, 2017 , Livestock On the long-term lease of federally owned land plots for the implementation of a large-scale investment project in the Smolensk region Order dated February 22, 2017 No. 327-r. Bryansk Meat Company LLC, which is part of Miratorg Agricultural Holding, is leased for 49 years two federally owned land plots located in the Pochinkovsky district of the Smolensk region with a total area of ​​8598.65 hectares for the implementation of a large-scale investment project for the construction of livestock complexes (farms) for the maintenance of beef cattle, as well as the creation of a logistics center.

1

The agricultural market is a system of economic relations between market entities in the sphere of circulation of agricultural and food products, factors of agricultural production.

Today, in all developed countries, state regulation of the agro-industrial complex is the most important component of the market mechanism of the economy.

The need for such regulation is associated with the inevitable features of the agro-industrial complex, primarily agriculture, which do not allow full and equal participation in inter-industry competition. Agriculture, which depends on natural factors and has a pronounced seasonal nature of production, as a rule, is a more technologically backward industry than industry. The material and money resources invested in it bring less return. It is also slower to adapt to changing market conditions.

The need for state regulation in market conditions is explained by a number of circumstances.

1. As the productive forces develop, the interconnection between all branches of production, including between agriculture and processing, increases. As the concentration of production increases, a few manufacturers of products begin to dominate, which limits the development of competition. An economy where the market is the only regulator is unable to get rid of crises. Ultimately, the crises become so severe and destructive that either the economic system must be reformed in the direction of a sharp increase in state regulation, or the economy based on private property will collapse.

2. When needs are met, an increase in production (in particular, food products) leads to lower prices, and, consequently, to the ruin of producers. This forces the state to help stabilize prices.

3. The market as a self-regulating system contains powerful incentives for self-development, and one of them is competition. However, the market provides a connection between supply and demand, production and consumption in conditions of free competition. Creation and preservation of a competitive sphere in the economy, counteraction to monopolistic tendencies is one of the main reasons for state intervention in economic processes

4. Entrepreneurial task is to create a market. In order for supply and demand to be in the necessary balance (there is no excess and shortage of commodity masses), coordinating activities must be singled out. Economic reforms in any state are subject to state regulation, i.e. occur with the controlling and coordinating role of the state.

5. Market regulators have little effect on the solution of macroeconomic problems, which also requires government intervention.

6. Without state intervention in the formation of production costs, producers will not take into account the losses caused to the environment.

Thus, state regulation of market relations is understood as the economic impact of the state on the production, processing and sale of agricultural products and food, as well as on the production and technical services and logistics of these industries.

Currently, there is a modification of the forms and methods of state regulation of the agrarian economy, both by subjects and by the level of state regulation. These trends are typical not only for countries that have recently embarked on the path of market reforms, but also for countries with developed market economies.

The main levers of state regulation are price, credit policy, budget appropriations, the tax system and the protection of producers.

State Program for the Development of Agriculture and Regulation of Agricultural Products, Raw Materials and Food Markets for 2008-2012.

The regulation of the market for agricultural products of raw materials and foodstuffs is carried out in order to increase the competitiveness of Russian agricultural products, raw materials and foodstuffs in order to maintain the profitability of domestic agricultural producers.

The main objectives of this area are to increase the share of Russian agricultural products, raw materials and food in the domestic market, smooth out seasonal fluctuations in prices for agricultural products, raw materials and food, as well as create conditions for increasing exports of agricultural products and developing commodity distribution infrastructure in the domestic market.

During the period of implementation of the Program, the share of domestic food products in the commodity resources of retail trade in food products is expected to be increased by 2012 to 70 percent.

grain market. The purpose of the implementation of measures to regulate the grain market is to stabilize the grain market and increase the competitiveness of Russian grain in the world market.

To achieve this goal, it is necessary to solve the following tasks:

smoothing seasonal fluctuations in prices for grain and products of its processing for producers and consumers of grain;

increase in income of agricultural producers;

stimulating the movement of grain from remote regions of the Russian Federation to regions of consumption.

The mechanism for implementing the activities of the Program is based on the conduct of public procurement and commodity interventions, as well as on the implementation of pledge transactions.

State procurement and commodity interventions are carried out in accordance with the Federal Law "On the Development of Agriculture" with a decrease or increase in prices for agricultural products sold.

Collateral transactions are based on the conclusion of option contracts, which give the right to supply a certain amount of grain to authorized (certified) elevators selected on a competitive basis.

For the purpose of timely implementation of state procurement, commodity interventions and pledge operations, the Ministry of Agriculture of the Russian Federation is developing a forecast balance of supply and demand for grain by type, as well as monitoring prices in the grain market. Based on the balance and monitoring of prices, decisions are made on the volume of procurement and commodity interventions, as well as pledge transactions in the grain market.

When carrying out procurement interventions and pledge operations, only grain producers are expected to participate in the sale (pledge) of grain of their own production.

When carrying out commodity interventions as buyers of grain, the participation of individuals and legal entities is assumed, regardless of the organizational and legal form.

Meat market. The purpose of the measures to regulate the meat market is to increase the competitiveness of Russian meat products to ensure import substitution in the domestic market.

To achieve this goal, it is necessary to solve the problems of improving the quality of domestic meat products, as well as maintaining the level of profitability of sales, which provides investments for the expanded production of meat products.

The mechanism for implementing the Program activities involves the development of a predictive balance of supply and demand for meat by type (beef, pork, poultry meat) in order to optimally plan the structure of production and consumption, as well as a possible extension of the tariff quota mechanism for meat imports after 2009.

The volume of tariff quotas for the period after 2009, the mechanism for their distribution, and the level of rates of import customs duties for imports in excess of tariff quotas are supposed to be established based on the results of consultations with interested supplier states and taking into account the agreements reached during negotiations on Russia's accession to the World Trade Organization.

It is also planned to develop meat standards harmonized with the international standards of the United Nations Economic Commission for Europe.

Agriculture is the most important industry that provides the population of the country with a variety of products necessary for the normal functioning of society.

Agriculture produces both finished products and raw materials that require further processing. Such raw materials are used in a variety of industries, from food to the chemical industry.

Types of agricultural raw materials, food products and finished products

Raw materials produced by agricultural enterprises can be of animal or vegetable origin.

Herbal products include products such as:

  • medicinal plants;

  • sugar beet;

  • potato;

  • sunflower;

  • cereal crops;


  • cotton.

Animal raw materials include such groups of products as:

  • milk;

  • fish;

  • meat;

  • fur;

  • animal skin;

  • wool;

  • animal fats.

By processing these types of raw materials, people receive high-quality food, clothing, all kinds of chemicals, medicines, and hygiene products. At the same time, the main feature of agricultural raw materials is that it can be constantly renewed and distributed across different territories of the country.

The disadvantage of this type of raw material is its seasonality. In other words, certain foods can only be obtained in spring or autumn.

Wholesale and purchase of agricultural raw materials, products and live animals

Wholesale trade in agricultural products in our country has been developing by leaps and bounds in recent decades.

A huge number of enterprises and companies have appeared that are engaged not only in the sale of raw materials and finished products, but also in the processing of this group of goods. Moreover, now the state is doing everything for the development of agriculture in our country. To this end, new legislative acts are being adopted that simplify the rules for trade in agricultural raw materials.

Specialists involved in the wholesale trade of agricultural raw materials must not only know the legislation governing their activities, they must also understand the needs of the market. For example, the cost of raw materials may fluctuate depending on the season, the harvest and climatic conditions.

It is best for wholesalers to find markets where there is a shortage of specific products. Wholesalers should be able to find a common language with producers of raw materials (farmers).

Among the many companies that sell agricultural raw materials in bulk, the following can be distinguished:

  • OOO "Uralregionservis" The enterprise is the leader of wholesale sales in the Orenburg region.

  • OOO Grant. The company operates in the agricultural market of the Kursk region and occupies a leading position here.

  • JSC "Agroinvest" The company operates in the Novosibirsk region, supplying and processing agricultural raw materials.

Industries that work on agricultural raw materials

Agricultural enterprises supply raw materials for a large number of sectors of the national economy. Among them it should be noted:

  1. Food industry. On average, the agro-industrial complex provides 17% of supplies to this industry. The industry produces various food products. The food industry includes: meat industry, dairy, food flavoring, confectionery, sugar, baking, oil and fat, salt, alcoholic beverages.

  2. Textile industry. Engaged in the production of fabrics and other materials.

  3. pharmaceutical industry. Production of medicines and medical devices.

  4. Chemical industry. Various compositions, including cosmetics.

  5. leather industry. Produces products from animal skin.

  6. Woodworking industry. Wood, paper, joinery.

Markets for agricultural raw materials

The agro-industrial market in our country is developing very rapidly. Its peculiarity is that there is a stable demand of the population for agricultural products and raw materials.

Initially, manufacturers and suppliers saturated the market with low-quality essential goods in order to satisfy consumer demand.

But over time, enterprises began to supply better products, in addition, there was a need for deep processing of raw materials supplied by farmers.

Another important nuance of the agricultural market is that it is rarely stable. It is characterized by seasonal fluctuations associated with a new crop or the presence of a shortage of a particular product. It should be noted that now it is one of the most promising markets for investment.

Regulation of markets for agricultural products and raw materials

The agro-industrial market is regulated with the help of special state programs. Basically, they are aimed at increasing the share of domestic producers and sellers in the total volume of goods sold.

Thanks to such programs, the competitiveness of domestic producers increases and their incomes increase, which leads to an increase in the quality characteristics of domestic enterprises and allows them to supply their raw materials for export.

Processing of agricultural raw materials

The main purpose of the processing of agricultural raw materials is the ability to ensure the best safety of products and improve their quality characteristics.

If we consider raw materials of plant origin, then primary processing includes procedures such as:

  • primary cleaning procedure;

  • storage of initially wet raw materials;

  • drying;

  • re-cleaning;

  • sorting.

In the future, the raw material goes to the food industry, where it is used to produce the final product.

Raw materials of animal origin go through the following stages of processing:

  • slaughter of livestock or poultry;

  • carcass cutting;

  • carcass sorting.

Export of agricultural raw materials

The Russian Federation exports a large amount of agricultural raw materials, including:

  • wheat

  • meat;

  • barley;

  • peas;

Among the main exporting countries of agricultural products, Russia ranks sixth and is constantly increasing the pace of production.

You can learn more about obtaining agricultural raw materials at the annual Agroprodmash exhibition.

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§ 1. The concept of "market"

In economic and legal science, it is generally accepted that the market is primarily an economic category. In numerous studies of the essence of the market, conducted abroad, two approaches are distinguished: "objective" and "subjective" * (152). According to the first approach, the market is considered as a set of ongoing transactions, which, according to the authors * (153), reduces the concept of "market" to the turnover of goods, while the second one looks at the relationship between buyers and sellers, the market is presented as an institution that brings together the buyer and seller to commit deals. In the territorial aspect, the category "market" is a certain territory in which transactions are made.

However, the market is not only an economic, but also a legal category. A number of normative legal acts, depending on the purpose of their regulation of certain relations, contain different definitions of the commodity market. So, in Art. 4 of Law N 948-I of March 22, 1991 "On Competition and Restriction of Monopoly Activities in Commodity Markets" this category is defined as the sphere of circulation of goods that have no substitutes or interchangeable goods on the territory of the Russian Federation or its part, determined on the basis of economic the ability of the buyer to purchase goods in the relevant territory and the lack of this opportunity outside it.

The market for a certain product has product (interchangeable goods) and geographical boundaries, which may not coincide with the administrative-territorial division of the country.

In the Tax Code of the Russian Federation (Article 40), the market for goods is recognized as the sphere of circulation of these goods, determined on the basis of the ability of the buyer (seller) to really and without significant additional costs to purchase (sell) goods in the territory of the Russian Federation closest to the buyer (seller) or beyond outside of it.

In the Comprehensive Program for the Development of the Infrastructure of the Commodity Markets of the Russian Federation for 1998-2005, approved by Decree of the Government of the Russian Federation of June 15, 1998 N 593 * (154), the commodity market is considered as a system of subjects and their relations (producers, consumers, intermediaries and organizations, ensuring their relationship), the purpose of which is to ensure the circulation of end-use goods and industrial and technical purposes.

With obvious differences in the above definitions of the commodity market, there is a similarity in that the market is not just a sphere of circulation (territorial aspect), but also a set of subjects and their relationships, which brings these definitions closer to the essence of the market noted in foreign studies.

Agricultural markets in Russia are characterized not only by the specifics of the product (food), but also by their other components: goals, forms and methods of functioning.

In agrarian law, an important place is occupied by the institution of state regulation of the markets for agricultural products, raw materials and food (hereinafter referred to as the market for agricultural products), in which four sets of regulatory legal acts (rules of law) can be distinguished, each of which regulates an independent sphere of property relations with the participation of the state and without such (sub-institutions), namely:

1) formation of federal and regional food funds for state needs;

2) implementation of procurement and commodity interventions in order to stabilize the food market;

3) state regulation of wholesale food markets;

4) regulation of export-import relations in connection with the proposed accession of Russia to the World Trade Organization (WTO).

Formation of federal and regional funds of agricultural products for state needs

The established system of public procurement of agricultural products to the federal and regional food funds for state needs, partly rooted in the history of the Soviet period, has undergone repeated changes during the reform period and, nevertheless, has retained continuity to some extent.

From 1961 until 1991, the state purchased agricultural products using a specific contracting agreement, which was a kind of state order for the supply of agricultural products in a given (planned) volume in almost its entire range with payment at centrally established purchase prices. Collective and state farms were practically obliged to supply the state with all agricultural products (planned and overplanned), with the exception of that part that was used for on-farm production needs (seeds, feed, grain and other products issued or sold to workers on these farms for their consumer needs). families).

The regulatory government acts regulating relations in the system of public procurement of agricultural products were: the regulation on the procedure for concluding and executing contracts for the contracting of agricultural products and standard contracting contracts for each type (or group) of agricultural products (22 model contracts), the latest version of which refers to 1987 d. These acts were approved by the USSR Ministry of Agriculture and the USSR Ministry of Procurement and coordinated with the Russian Ministry of Finance, the Russian Ministry of Justice, the USSR Supreme Court and the State Arbitration Court under the USSR Council of Ministers. Thus, these acts had legal force, their execution was strictly mandatory, including in terms of liability for non-performance or improper performance of obligations (the level of liability was not high compared to the subsequent period, namely a fine of 3% of the value of the undelivered or products not accepted by the purveyor, for its perishable types (vegetables, fruits, etc.) - 5%). Contracts were concluded for five years with a breakdown of tasks by year.

In addition to the planning, the size of deliveries and the obligation to conclude a contracting agreement, this provision fixed the obligations of the state in the person of the procurer to provide assistance to farms (suppliers) in organizing the production of agricultural products, in its transportation to the receiving point of the procurer, to sell industrial and food products to farms (suppliers). goods, feed for agricultural products purchased from them. In the literature of those times, this was qualified as the participation of the procurer in the production process itself.

The last decade of the twentieth century. characterized by a well-known democratization in the management of agriculture. The Decree of the Central Committee of the CPSU and the Council of Ministers of the USSR dated March 20, 1986 "On the Further Improvement of the Economic Mechanism of Management in the Agro-Industrial Complex of the Country" allowed the use, in addition to contracting, of other types of contracts inherent in a market economy. Up to 30% of the volume of planned purchases of potatoes, melons, fruits, and all excess profits could be sold on the so-called collective farm market.

A radical change in administrative and legal regulation came after the adoption of the Laws "On the State Production Enterprise (Association)" (1987) and "On Cooperation in the USSR" (1988), which secured the legal and economic independence of collective farms and state farms and freedom of contract, those. their right to dispose of their property as they wish. In this regard, a resolution of the Council of Ministers of the USSR of July 30, 1988 "On streamlining the system of economic (property) sanctions applied to enterprises, associations and organizations" was adopted, which, in essence, led to the loss of legal force of the named regulatory legal acts, regulating the contracting of agricultural products for state needs.

At the beginning of the reform period, the state tried to look for and apply new approaches to regulating the purchase of agricultural products for public needs. The implementation of the resolutions of the Supreme Council of the RSFSR of November 23, 1990 "On the food tax for 1991" and the Council of Ministers of the RSFSR of December 26, 1990 "On the tax in kind and the state order of the RSFSR for the supply of agricultural products in 1991" did not bring the expected results. Therefore, by the Decree of the President of the Russian Federation of January 4, 1992 "On the formation of state food funds for 1992", in essence, the contractual planned system of public procurement was revived, with the difference that the volume of procurement was 2-3 times less than before. In addition, a departmental act established an unjustified penalty in the amount of 100% of the cost of underdelivered products. This so-called contract system was also used in 1993, although in accordance with the Decree of the President of the RSFSR of January 26, 1992 "On freedom of trade", the process of trade liberalization in other sectors of the national economy was developing at an accelerated pace in the country, and the principle of freedom of contract was enshrined in a number of Russian laws. This coercive system did not justify itself. By Decree of the President of the Russian Federation of October 27, 1993 "On the regulation of land relations and the development of agrarian reform in Russia" (p. 11), in 1994, mandatory deliveries and other forms of forced withdrawal of agricultural products into state resources were canceled.

In connection with the need to form state food funds, on December 2, 1994, Federal Law No. 53-FZ "On the Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs" was adopted (hereinafter referred to as the Law).

This Law proclaimed freedom of contract, declaring that agricultural products, raw materials and foodstuffs are the property of their producer and are sold by him at his own discretion, based on economic benefits (Article 3). He kept:

a planned basis for the volume of purchases and deliveries for five years with annual clarification no later than six months in advance and bringing it only to state customers (and not to suppliers - manufacturers of these products);

the traditional system of advancing government purchases - in the amount of 50% of the cost of contracted crop products, half of which is provided at the conclusion of the state contract, the rest - after the completion of sowing, and for livestock products, subsidies are provided from the relevant budget, ensuring the profitability of its production.

The law also provided:

a system of interconnected federal and regional funds of agricultural products for state needs (there is a need and practice of forming funds for agricultural products and for municipal needs, which is the responsibility of local governments and is not subject to the Law). Accordingly, the volumes of purchases and deliveries are determined by the Government of the Russian Federation and the executive authorities of the subjects of the Federation;

provision of tax incentives, targeted subsidies and subsidies, loans on preferential terms, foreign exchange funds left on preferential terms at their disposal when selling agricultural products; appropriations from the federal budget necessary to ensure the growth of production and supply of agricultural products. The types, amounts of these benefits and the procedure for granting are established, respectively, for deliveries to the federal fund by the legislative authorities and the Government of the Russian Federation, to regional funds - by the executive authorities of the constituent entities of the Federation before the conclusion of state contracts;

provision by government customers of financial resources to suppliers for the purchase of plant and animal protection products from diseases, high-quality seed and planting material, funds for the construction of storage facilities, workshops for processing agricultural products, the purchase of technical facilities and technical equipment, modern technologies and research work related to production, processing, storage and sale of agricultural products for state needs.

The implementation of the above incentive benefits is possible within the framework of the measures provided for by the State Program for the Development of Agriculture and the Regulation of Agricultural Products, Raw Materials and Food Markets for 2008-2012.

These incentive measures are supplemented by a very important condition for public procurement - payment for contracted products (within planned quotas) at guaranteed purchase prices established annually by the Government of the Russian Federation in agreement with the executive authorities of the constituent entities of the Federation and representatives of public associations expressing the interests of both suppliers and consumers, for a level that ensures not only the reimbursement of material costs, but also the receipt by the supplier of income sufficient for expanded reproduction. In addition, in order to protect the rights of consumers, the Government of the Russian Federation establishes a normative ratio between the cost of purchased raw materials and finished products manufactured from it, as well as the maximum amount of trade markups on the prices of products supplied to the federal fund, taking into account break-even sales of finished products.

The law defines the rights and obligations of state customers. They carry out the selection of suppliers; determine specific consumers (buyers) and terms of purchases and deliveries; coordinate with consumers (buyers) the range, volumes and terms of supply of agricultural products to them; guarantee payment for purchased products at prices and within the time limits determined by the state contract.

State customers can, on a competitive basis and subject to the conclusion of contracts, transfer the performance of part of their functions for the formation and placement of orders for the purchase and supply of agricultural products for state needs to enterprises, organizations and institutions, regardless of ownership.

The law establishes the terms of payment for purchased products in the form of collection payments - 10 days, and for perishable goods - up to 5 days and the responsibility of the consumer (buyer) for late payment and advance payment of crop products in the amount of 2% for each day of delay, and in case of delay of more than 30 days - 3% of the amount of unpaid (unadvanced) products.

It is also important to note the right granted by the Law to index contract prices taking into account inflation, as well as to compensate for losses caused through the fault of the state customer as a result of his refusal to purchase a state contract. Each of the parties to the contract that has not fulfilled or improperly fulfilled its obligations shall reimburse the other party for the losses caused by this and pay a penalty (fine, penalty) in the manner prescribed by the contract, and the supplier, in addition, may be deprived in whole or in part of the right to receive the specified benefits. At the same time, the parties to the contract are released from liability in case of unforeseen circumstances that arose after its conclusion as a result of extraordinary events (drought, flood, hail) and other force majeure circumstances that the parties could not foresee and prevent. In other words, liability arises only if there is fault (Article 535 of the Civil Code of the Russian Federation).

This Law is valid throughout the territory of the Russian Federation. However, in accordance with Decree of the Government of the Russian Federation of March 14, 1997 N 294 "On the procurement and supply of agricultural products, raw materials and food to provide military and other consumers of the federal fund in 1997" (as amended on August 28, 1997 N 1082 ) there was a change in the composition of state customers for the formation of the federal fund and, in connection with this, the introduction of new conditions for the placement and execution of the state order, which led to a deterioration in the ability of many agricultural producers to participate as suppliers in the formation of the federal fund of agricultural products for state needs.

The law established the following components of needs, which determine the amount of the federal fund for state needs. These are the needs of the regions of the Far North and areas equated to them, economically polluted territories, defense and state security forces and special consumers equated to them, regardless of their location, the cities of Moscow and St. Petersburg, the formation of state reserves and the operational reserve of the Government of the Russian Federation, ensuring export deliveries.

The state customers for the formation of the federal fund for agricultural products were initially identified as: the Federal Food Corporation under the Ministry of Agriculture and Food of Russia (for grain, meat and other food products); Ministry of Agriculture and Food (for varietal and hybrid seeds of grain and leguminous crops); Committee on State Reserves (according to the established nomenclature).

The Federal Food Corporation in 1997 was abolished, instead of it the state unitary enterprise "Federal agency on regulation of the food market" * (155) is created. The Ministry of Agriculture and Food of Russia (later - the Ministry of Agriculture of Russia) retained the functions of the state customer for the formation of an operational reserve under the Government of the Russian Federation and the supply of food to ecologically polluted territories. The functions of state customers to provide food to the military and special consumers equated to them were assigned to the Ministry of Defense, the Federal Border Service, the Federal Security Service, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the Federal Security Service, the Foreign Intelligence Service, the Federal Tax Police Service, the Ministry of Atomic Energy of Russia , Ministry of Emergency Situations of Russia, Federal Directorate of Special Construction under the Government of the Russian Federation, Ministry of Internal Affairs of the Russian Federation, Federal Service of Railway Troops; for food supply of Moscow, St. Petersburg, regions of the Far North and areas equivalent to them - to the executive authorities of the relevant subjects of the Federation; for the formation of the state food reserve - to the State Committee for State Reserves.

According to the federal laws of December 29, 1994 "On the State Material Reserve" and of December 27, 1995 "On the State Defense Order", the placement of state orders was carried out on a competitive basis, the conditions of which were determined by the Federal Law of May 6, 1999 "On Competitions on placing orders for the supply of goods, performance of work, provision of services for state needs", which became invalid due to the adoption of the Federal Law of June 21, 2005 N 94-FZ "On the placement of orders for the supply of goods, performance of work, provision of services for state and municipal needs.

The competitive procedure for placing orders was also used by other named state customers.

In the Law, the ways of placing a state order are expanded by bidding in the form of a tender for the right to conclude a state or municipal contract, or an auction (including an auction in electronic form) for the right to conclude a state or municipal contract or without bidding (request for quotations, from a single supplier , on commodity exchanges). The law does not apply to cases where an order is placed for goods with a value not exceeding the limit set by the Bank of Russia for cash settlements between legal entities under one transaction. (According to the latest decision of the Bank of Russia, this is 60 thousand rubles.)

The law provides for the possibility of establishing the specifics of placing a state defense order and an order for the supply of material assets to the state reserve by other federal laws.

There is no reference to a special regulation on the selection of suppliers of agricultural products to the federal fund for state needs.

Thus, the scope of the Federal Law of December 2, 1994 "On Procurement and Supply of Agricultural Products, Raw Materials and Food for State Needs" continues to decrease. The area of ​​application of advance payments, guaranteed purchase prices and other stimulating benefits is narrowing. The procedure for concluding and executing a state contract for the supply of agricultural products to federal and regional funds for state needs is established by the Civil Code of the Russian Federation (Articles 525-534).

§ 3. State procurement and commodity interventions,
mortgage transactions in the grain market

Federal Law No. 100-FZ of July 14, 1997 "On the State Regulation of Agro-Industrial Production" for the first time introduced into the Russian system of state regulation of food markets the institution of state procurement and commodity interventions carried out in order to stabilize prices on the agricultural market, as well as pledge transactions with grain. Such a system of state regulation of agricultural markets is widely used in the European Union, the United States and other countries.

Decree of the Government of the Russian Federation of August 3, 2001 N 580 approved the Rules for the implementation of state procurement and commodity interventions to regulate the market for agricultural products, raw materials and food * (156) (amended and supplemented on September 28, 2004, July 15, 2005 ., March 23, 2006) which served as a regulatory legal framework for procurement and commodity interventions periodically carried out in certain regions of the country (the first of them were procurement and commodity interventions in the grain (soft wheat) market in 2001-2002).

Procurement and commodity interventions are of great importance in the Federal Law of December 29, 2006 N 264-FZ "On the Development of Agriculture" (Article 14), as well as in the State Program for the Development of Agriculture and the Regulation of Markets for Agricultural Products, Raw Materials and Food for 2008-2012 This Law expanded the range of agricultural crops for which procurement and commodity interventions can be carried out, namely food and fodder wheat, fodder barley, rye and corn. The list of other types of agricultural products for this purpose, as well as for pledge transactions, is approved by the Government of the Russian Federation at the proposal of the Ministry of Agriculture of Russia.

Purchasing interventions are carried out when prices are reduced below the minimum calculated by purchasing, including at exchange auctions, from agricultural producers of agricultural products produced by them or by conducting mortgage transactions. At the same time, the pledge is based on an option contract that gives the right to supply a certain amount of grain to authorized (certified) elevators selected on a competitive basis. Exchange trades are conducted by CJSC "National Trade Exchange", selected by the Ministry of Economic Development of Russia and signed a state contract with the Ministry of Agriculture of Russia. The auction method is used. Trading is conducted on seven stock exchanges: Moscow, St. Petersburg, Nizhny Novgorod, Samara, Rostov, Yekaterinburg, Novosibirsk.

Commodity interventions are carried out in the event of a shortage in the market of agricultural products with an increase in prices above the maximum calculated by selling purchased products, including at exchange auctions.

Limit levels of minimum and maximum grain prices for procurement and commodity interventions, respectively, are determined by the Ministry of Agriculture of Russia, which develops for this purpose a forecast balance of supply and demand for grain by type, and also monitors prices on the grain market. Based on the balance and monitoring of prices, decisions are made on the volume of procurement and commodity interventions, as well as pledge transactions in the grain market. The organization of state procurement and commodity interventions is entrusted to the Ministry of Agriculture of Russia, which not only sets price levels at which government procurement and commodity interventions are carried out (in agreement with the Federal Tariff Service), but is also responsible for conducting interventions (the Ministry of Agriculture of Russia in agreement with specified service also determines the amount of payment for services for the storage of purchased products).

Conducting state procurement and commodity interventions, placing goods of the intervention fund and organizing their quantitative and qualitative preservation are carried out by a state agent selected on a competitive basis by the Ministry of Agriculture of Russia. The agent is compensated for the costs of maintaining the intervention fund and is paid a commission in the amount of up to 1.4% of the cost of purchased or sold products during procurement and commodity interventions and up to 0.1% of the cost of stored products on a monthly basis.

The products of the intervention fund are placed in organizations selected by the Ministry of Agriculture of Russia on the basis of agreements concluded with them by an agent. The reserves of this fund are insured in organizations selected by the Ministry of Agriculture of Russia on the basis of contracts in which the beneficiary is OJSC Rosselkhozbank, which credits the expenses for the formation of this fund.

The agent submits to the Ministry of Agriculture of Russia monthly reports on the availability and movement of products of the intervention fund.

For the successful implementation of procurement, commodity interventions and pledge transactions, it is important to correctly use documents of title, which are warehouse certificates, which, according to the Civil Code of the Russian Federation, are securities.

There are two types of warehouse receipts: single and double. The latter consist of two parts: a warehouse certificate and a pledge certificate (warrant), which can be separated from each other. State registration of warehouse receipts is not required, as they are not equity securities. In Art. 912-916 of the Civil Code of the Russian Federation, the properties of a double warehouse certificate are fixed, in Art. 917 - simple, as well as the requirements for filling them out (Article 913).

In each part of the double certificate and in the simple certificate, the following shall be indicated:

1) the name and location of the warehouse that accepted the goods for storage;

2) the current number of the warehouse certificate according to the warehouse register;

3) the name of the legal entity or the name of the citizen from whom the goods were accepted for storage (in a simple certificate it is indicated that it was issued to the bearer);

4) the name and quantity of the goods accepted for storage - the number of units and (or) cargo items, and (or) the measure (weight, volume) of the goods;

5) the period for which the goods were accepted for storage, if such a period is established, or an indication that the goods were accepted for storage on demand;

6) the amount of remuneration for storage or the tariffs on the basis of which it is calculated, and the procedure for storage;

7) the date of issue of the warehouse certificate.

A simple warehouse receipt may be transferred to a third party by simple delivery. The goods warehouse releases the goods to the person who has presented a simple warehouse certificate.

Both parts of the double certificate must have identical signatures of the authorized person and seals of the warehouse.

A double certificate by its nature is an order security, it can be transferred to another person on the basis of an endorsement.

The holder of the warehouse and pledge certificates has the right to dispose of the goods stored in the warehouse in full. The goods warehouse issues goods to him only in exchange for both parts of the certificate together. The holder of a warehouse receipt separated from the pledge certificate has the right to dispose of the goods, but cannot take the goods from the warehouse until the loan issued under the pledge certificate is repaid. The goods can be sold by making an endorsement on the warehouse certificate, but without physical taking of the goods from the warehouse.

Pledge certificate (warrant) - is intended for the transfer of goods as a pledge. The warrant holder has the right to pledge the goods in the amount of the loan issued under the pledge certificate and interest on it.

When goods are pledged, a mark is made on the warehouse certificate.

To the holder of a warehouse receipt who does not have a warrant, but who has paid the amount of the debt under it, the goods are issued by the warehouse in exchange for a warehouse certificate and subject to the submission together with a receipt for payment of the entire amount of the debt under the pledge certificate.

A warehouse that issued goods in violation of these rules is liable to the holder of the pledge certificate for payment of the entire amount secured against it (Article 916 of the Civil Code of the Russian Federation).

The dual nature of warehouse certificates (documents of title and at the same time securities) determines their significant advantages, which should contribute to their widespread use in practice through secondary circulation on the market * (157). Warehouse receipts perform many functions:

1) reduce distribution costs by circulation of goods without taking them from the warehouse;

2) have a commodity content as a security;

3) act as an anti-inflationary tool, since the presence of finished unsold products in warehouses can affect the level of prices in the direction of their reduction;

4) facilitate access to credit, since finished products act as collateral, etc.



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