AGRICULTURE: THEORY AND CASE LAW

The article, based on a comprehensive analysis of regulations, doctrinal approaches and case law, substantiates the understanding of the term «agriculture» in terms of purpose (use) of land. Direct analysis of regulations revealed that agricultural land is land provided for agricultural production, agricultural research and training activities, location of relevant production infrastructure, including infrastructure of wholesale markets for agricultural products, or intended for these purposes. In turn, the purpose of the land is the permissible limits of land use by citizens and legal entities (acquirers of such a right) established by law and specified by the relevant body (which transfers such land into ownership or use). The basis for determining the purpose of the land is its belonging to the appropriate category. The main criterion, for example, to distinguish agricultural production (agricultural activity) from other activities is the use of agricultural land as the main (basic) means of production. As a result of the study, it was concluded that the term «agriculture» can be understood in its broad and narrow sense. In a broad sense, the term «agriculture» is the use of land for commercial agricultural production, farming, personal farming, subsidiary agriculture, individual and collective gardening, haymaking and cattle grazing, for research and training purposes, provision of services in agriculture, placement of infrastructure of wholesale markets for agricultural products, as well as other activities on agricultural land, depending on the activities provided by law and the constituent documents of the economic entity. In a narrow sense — this is the purpose of agricultural land. The understanding of the term «agriculture» as the purpose of agricultural land is used by the court in resolving disputes.