DETERMINATION OF THE LEGAL STATUS OF AGRICULTURAL ENTERPRISE FOR THE PURPOSES OF THE LAW «ON RENEWAL OF THE DEBTOR’S SOLVENCY OR DECLARING ITS BANKRUPTCY»

The article is devoted to legal regulation peculiarities of bankruptcy of agricultural enterprises according to the Law of Ukraine “On Renewal of the debtor's Solvency or Declaring Its Bankruptcy”, as amended by law of 22 December 2011 № 4212-VI (third edition). At present, there is no systematic theoretical study of the status of an agricultural enterprise for the purposes of the Law of Ukraine “On Renewal of the debtor's Solvency or Declaring Its Bankruptcy” and of the peculiarities of the analysis of the financial position of the company. Wrong definition of the status of the debtor may lead to violations in the sale of property of the debtor (not sending messages about selling the assets of the persons having the preemptive right to purchase real estate, etc.), and to irregularities in the implementation of analysis of financial and economic activities. The article analyzes the status of agricultural enterprises in the bankruptcy legislation of the Russian Federation, Republic of Belarus, the Republic of Uzbekistan, the Republic of Kazakhstan. The legal definition of an agricultural enterprise as a distinct category of debtors needs to be improved, given the complexity of applying the criteria of the main activity of the company and the ratio of revenue from sales of agricultural products to the total revenue. The article reveals the concept of "main activity", peculiarities of its determination on the criteria of added value based on the results and resources. There is a need to legislate time frames which should be explored as the main activity of the debtor, and part of his income that is attributable to the sales of agricultural products. This problem almost impossible to solve by doctrinal interpretation, in the need to devote attention to the development of scientific and practical proposals on improving the legislation on insolvency of agroindustrial enterprises.