Agro-Industry Requires New Legislation
Abstract
Panova Inna - Judge of the Supreme Commercial Court of the Russian Federation, Head of the Department of Administrative Law, National Research University Higher School of Economics, Doctor of Juridical Sciences. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: ipanova@hse.ru.
Gorodetskaya Elena - Postgraduate student, Department of Administrative Law, National Research University Higher School of Economics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: sovetnikvs@yandex.ru.
The article argues that the agro-industrial complex (APK) requires the development and adopting the federal law on the state regulation of this sector subject to the international regulation and requirements of the WTO. To ensure the predictability of the administrative law influence, its complex character and efficiency, the administrative law doctrine should develop new complex tools to regulate the agricultural sector, i.e. legal regimes ensuring the optimal balance of the efficiency of agricultural policy and respecting public interest. The article suggests specifying food security as one of the main objectives of this regulation, enforcing the new multi-purpose law with a number of new measures of state regulation, widening the range of agro-industry subjects entitled to state subsidies and determining the terms under which they will be provided. The author argues that the agricultural area has an urgent necessity to specify the subjects of agricultural complex as separate subjects of regulation within the proposed law. Besides, there is a necessity in a clearer differentiation and setting the authorities of executive bodies at the federal level (Rospotrebnadzor and Roselkhoznadzor). An emphasis is made on the necessity to define in the federal law the concepts of agro-industrial complex, subject of agro-industrial complex, as well as making up a uniform register of agricultural commodity producers and the APK subjects. A proposal has been made to define the agricultural complex as a system of interrelated branches of industry, area of services, and agriculture, specialized agencies ensuring funding, production, storing and selling agricultural produce and providing it to consumers as well as packaging, transporting, ensuring technological equipment. As a measure to improve the legislative regulation of APK, the author suggests introducing a uniform register of APK subjects.
