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EN
In the article the authors reviewed current trends of functioning of the agricultural sector, which led to increasing rates of agricultural production and export orientation for most agricultural products. Also the systemic barriers that inhibit the process of full implementation of agri-food potential of Ukraine in foreign markets in terms of institutional change were determined. Priorities of exports, based on the preferences guaranteed by the Agreement on free trade zone between Ukraine and the EU were grounded. The authors proposed measures for institutional changes to ensure Ukrainian agricultural sector efficiency and foreign attractiveness, taking into account European experience.
PL
Autorzy pracy zbadali obecne trendy funkcjonowania sektora rolniczego, które doprowadziły do nadwyżek produkcji rolnej i orientacji eksportowej dla większości produktów rolnych. Dodatkowo, w pracy opisano bariery systemowe, które hamują proces pełnej implementacji potencjału rolniczożywieniowego Ukrainy na rynkach zagranicznych pod kątem zmian instytucjonalnych. Praca zawiera również uzasadnienie priorytetów eksportu, oparte na preferencjach gwarantowanych przez umowę o wolnym handlu pomiędzy Ukrainą a UE. Autorzy proponują także rozwiązania w kwestii zmian instytucjonalnych, które zapewnią ukraińskiemu sektorowi rolniczemu wydajność i przyciągną zagranicznych inwestorów, opierając się o doświadczenia europejskie.
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
PL
The object of considerations is legal issue of qualification of legal relations as cultivation contract in accordance with article 613–622 of Civil Code. Cultivation contract has productive character. Its subject is closely related to the manufacturing process in agriculture, where at the same time it is important starting position in the chain of supply of agricultural products, although sometimes it is regarded by mistake as sale or delivery contract. Judicial decisions, analyzed in the article confirm the existence of several model features, which occurence in particular legal relationship makes it a part of cultivation contract. While lack of characteristic features for code model of contracting causes that the agreement is not recognized as cultivation contract in the meaning of article 613–626 of Civil Code. Features of cultivation contract highlighted in the judicial practice can be divided into features so called connected with subjective aspects – parties to the contract and features connected with object of the contract. Party to the contract may be agricultural producer, who produces agricultural products in his own farm in productive process, and provides it to contracting person, and of course contracting person (most often entrepreneur). The subject of performance is “facere” – production and delivery of fixed amount of agricultural products, produced in own farm.
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