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Inshakova A.O., Uskova M.S. Legality of the Government Support Denial to the Farmer under the Crop Insurance Contract: Legal Issues and Their Resolution

DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.12

Agnessa O. Inshakova, Doctor of Juridical Sciences, Professor, Head of the Department of Civil and International Private Law, Volgograd State University, the Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.

Marina S. Uskova, Senior Lecturer, Department of Civil and International Private Law, Volgograd State University, the Base Department of the Southern Scientific Center of the Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. This email address is being protected from spambots. You need JavaScript enabled to view it.


Introduction: currently, the legal regime of the government support of agricultural producers in the field of agricultural insurance operates in this country. However, it should be noted that developed by the legislator the legal mechanism of realizing the state guarantees in their enforcement creates legal incidents. What are the options for resolving them? How to improve the traditional model of agricultural insurance, carried out with the government support? How to stabilize and strengthen the legal position of the farmer as a party to the insurance contract? Read about it in this article. Methods: the methodological framework of this study is a set of scientific methods, among which the main are the methods of systematicity, analysis and the comparative law method. Results: there have been worked out the solutions to some of the legal incidents arising in the process of enforcing the rules in the field of crop insurance of agricultural plants carried out with the government support, which creates the legal certainty and improves the institution of insurance law of Russia in order to stabilize the legal status of farmers. Conclusions: as a result of the theory and law analysis and the research of the law enforcement practice in this area of scientific knowledge there has been revealed that the gaps of the current legislation of Russia in this sphere weaken the position of farmers as a party to the crop insurance contract. The proposed solutions to the identified problems allow stabilizing and strengthening the farmers’ position in these insurance matters and, accordingly, extending the insurance segment implemented with the government support.

Key words: crop insurance contract of agricultural plants, governmental support, property insurance, agricultural producers, insurance matters.  

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