Publication date: 11.03.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Recently, the President of Ukraine signed a new Law in the field of agricultural policy at number 9266 “On Agrarian Notes”. This legal act comes into force since the beginning of 2025. Our written consultation will help to understand in more detail the most important nuances and features of the norms of this law, and lawyer's consultation at the Lawyer “Consultant” will help to understand more in detail in the legal issues of the agricultural sphere. "So, such a document introduces the latest financial algorithm for lending procedure in the field of agricultural production - called ""agrarian notes""." Legal analysis of the situation determines that this document will not apply to those relations that are already regulated by the Law of Ukraine “On Agrarian Receipts”.
We remind that under agricultural notes securities (unemissionary), the essence of which is a certain obligation for the debtor, to carry out the appropriate deliveries of agricultural products, ensured by pledge.
Thus, the analysis of documents evaluation. legal analysis of the situation determines that the important advantages of such agricultural notes in electronic form are:
agrarian notes are an unemissionary securities paper and are an independent subject of circulation in capital markets;
lenders will be able to sell agricultural notes and use funds from sale for the next lending to farmers under new agricultural notes;
this regulatory legal act provides an expansion of the circle of subjects, which will be able to issue such agricultural receipts in electronic format using farm (agricultural) cooperatives, including various types of collateral, in particular: primary processing and livestock products;
simplified and cheaper procedure for issuing, circulation and termination of agricultural receipts (electronic format), compared with paper receipts.
In this case, farmers, farmers will get the opportunity to personally issue an agricultural note of the electronic version from their own electronic cabinet in a new and specially formed register regarding the circulation of agricultural notes. At the same time, here you will not need to pay cash for notarial services. In addition, the legal analysis of the situation determines that the current new legislation in the field of agricultural notes determines the mechanism of their provision.
So, in case the debtor does not fulfill his obligation under the relevant agricultural note, in this case, the creditors will be able to request an executive letter for such recovery by contacting the Register of Agrarian Notes. It is also necessary to draw a legal conclusion and that the important advantage of the new law is to expand the possible different options of collateral, including the possibility and collateral of animal products or the collateral of living animals, the products of their animal processing. There is a sufficient advantage with old paper agrarian receipts. In addition, it should be noted that the new law introduces assistance for producers of agricultural products and obtaining wider access to the lending procedure, and the possibility to increase the number of creditors who will be able to finance the agricultural production sector.
