Tatiana Churilova

List of publications: Google Scholar, Scopus

Abstracts of Publications:

1. State Regulation of Agricultural Service Cooperatives Development

Key words: agricultural service cooperatives , government regulation, cooperative policy.
The relevance of the issue to ensure sustainable prospects of food security and to increase the income of agricultural producers does not require any proof nowadays. In fact, the deep social, economical, ecological degradation of agricultural sector in Ukraine is evident.  
To a certain extent the agrarian crisis is a crisis of organizational structure. The main target of current agricultural policy has to be the development and all-round support of the most effective agricultural model. The model which would meet the realities completely, promote the development of rural areas, preservation and growth of a village human capital, restore the agricultural labor authority. 
Agricultural cooperatives can play a very important role in the overcoming of the present agrarian crisis and for further agricultural development in Ukraine.  
The target of our research is individual areas analysis of the state regulation of agricultural service cooperatives activity.  
One of the main functions of the state regulation of agricultural cooperatives development is formation of “game rules” – the creation of corresponding legal basis for service cooperatives activity in the agricultural sector. Despite the existence of legal basis for the creation and functioning of the agricultural service cooperatives, we cannot say that complex process of legal regulation in this sphere is complete. The economic realities demand an appropriate legal response. The stability and effectiveness of agricultural service cooperatives activity directly depends on the perfection level of cooperative legislation. 
The next and substantial component of the state regulatory activity is the development processes stimulation of the cooperative movement in the village. Particularly it should be the improvement of state support, fiscal stimulus, resource and technical lending. 
The analysis of this part of the state regulatory activity gives ground to talk about the unavailability of real predictable state policy planning in the sphere of cooperation development in the village. The financial insecurity of state policy measures creates the diffidence in the prospects of cooperation in cooperative environment and therefore the reduction of the cooperatives total.
The organization of educational and informational activity is the important function of the state which is aimed on the growth of the cooperative movement in the village. The underestimation of the problems with formation of the system of information providing for agricultural cooperatives is the authority mistake. 
Hereby the state regulation activity of cooperative movement growth in the village should consist of such components as creation of adequate legal environment, financial support for cooperative organizations, especially on the stage of their foundation. And finally, the condition of creation and implementation of the state cooperative policy in agriculture and agroindustrial complex, in general, is the beginning of the Complex state program of agricultural cooperation development. 

2. Legal Providing Proper Management of Public Lands Under Administrative Reform
  
Keywords: good governance, state-owned lands, administrative reform.
One of the essential problems of Economics reforms in Ukraine is invariability of forms and methods of state administration while the social relations are transformed. 
Today the majority of developed nation, where the transformation of state administration has been proceeded, move to up-to-date public management model, which is generally defined as New Public Management by World Bank.
Economically the land functions as production goods and spacial operational basis. Land is an asset which brings a steady income, so the land has to be concerned as a capital. So the management of this resource should be based on economic efficiency and stick to ecologic interests of the society. 
Functions and rights of authorities, who are in change of state lands, are set in special laws and regulations, which are not mutually agreed or are repeated. The powers division system is absent and it leads to duplication of functions. The power borders of local government authorities and district state administration are not clear. Moreover, the legality of decisions regarding ownership or usage of land lots make a big problem, because of the absence of set locality borders. Under such juristic conditions, the management of state lands, including agricultural can not be effective. 
Qualitative changes in state lands management is a complex problem. This problem can be removed by the reform of executive government and government service at all – by administrative reform. 
One of the possible ways to create an effective model of state lands management can be the transfer of the ownership of the lands, which are located outside the locality borders and are state lands, to community property. But that can be done only after implementing of the administrative-territorial reforms. 
The experience of foreign countries regarding the increasing of state management of agricultural lands efficiency is interesting and useful. Taking into account the experience of the EU countries Ukraine has to learn the advanced world experience. Moreover, Ukraine has formal commitments of the harmonization of its laws and regulations with EU laws. 
Ukraine has a high-capacity land potential, but keep in mind that it belongs not only to us, but also to future generations. Main aims for the one who owns state land property are receiving of profit and environmental care. 

3. The State Registration of the Land Lease Right

Keywords: land lease, state registration of real rights to real estate, registration procedure, State registration service, State Land Cadastre.

“The game rules” in land lease sphere is set by the multiple Statutory Instruments, specifically Civil Code, Land Code, State Registration of Real Property Rights and its Encumbrance Act of Ukraine and other delegated legislation. The central part in land lease legislation takes special Land Lease Act of Ukraine. 
Despite the legal basis in the land lease sphere, we cannot claim the difficult process of legal regulation is over. 
The lease right arises from the moment of the legal registration of it as stated in Article 125 of Land Code.
The need of legal registration of the lease right arose due to the changes made by the Act of Ukraine Alteration to State Registration of Real Property Rights and its Encumbrance Act of Ukraine and other legislative instruments. 
However due to lack of realization mechanism of State Registration of Real Property Rights and its Encumbrance Act of Ukraine, the registration of the lease right was not carried out for long time. 
On 1/1/2013 came into effect the State Land Cadastre Act of Ukraine, Order of the Cabinet of Ministers of Ukraine as of 10/17/2012 #1015 Procedure approval of State Land Cadastre, Alteration to State Registration of Real Property Rights and its Encumbrance Act of Ukraine.
The empowerment of state registration of real property rights and its encumbrance implementation has State Registration Service  which carries out unified state register of real property rights and its encumbrance. 
Order of the Cabinet of Ministers of Ukraine – Procedure Approval of State Registration of Real Property Rights and its Encumbrance, which took effect 2/12/2014, has made an effort to simplify the registration system and make it more suitable for users. 
Specifically, the rules of state registration of real property rights provide the possibility of property registration by means of post office, registration of the lease right, extending or modification of the contract without obligatory registration of property right, if it was registered till 1/1/2013. The property right is registered simultaneously to the notarial act. 
As a result the government assisted the registration system improvement. Thus the registration system is in need of further innovations that show imperfection, and therefore the gap between the system and the interests of those who use it. 

4. The Issue Concerning the Adaptation of the Ukrainian Legislation to the EU Requirements in the Sphere of Food Safety

Keywords: food safety, food quality, food law, adaptation of legislation. 

Conclusion of the Association Agreement with the EU, particularly economic part thereof, is a milestone of a long, thorny path of the Ukrainian people and their dreams of a better life.
Conclusion of the Agreement certainly provides benefits for Ukraine. However, the most important is the implementation of the Agreement.
Economic part of the Association Agreement between Ukraine and the EU contains a number of provisions on ensuring the safety and quality of food.
The main legislative act regulating food safety is the Regulation (EC) No. 178/2002, which establishes the basic rules in one of the EU law branches – food law.
In general, the provisions of the Regulation can be presented as follows: 1) the food chain is regarded as a “farm-to-table” chain; 2) risk analysis is mandatory; 3) market operators are responsible for food safety; 4) products must be monitored at all stages of the food chain; 5) the consumer has the right to obtain accurate and reliable information on the food product, and the manufacturer must provide such information.
The integration of Ukraine into the world economic community should be accompanied by appropriate legislative changes, including in the sphere of food safety and quality.  Thus, in order to harmonize the legislation of Ukraine with the EU legislation in the sphere of food safety and quality, the Law of Ukraine “On the safety and quality of food” was amended and will come into effect on September 20, 2015, with the exception of certain provisions on the introduction of HACCP system.
Important innovations of the specified Law include the consolidation of the traceability principle, introduction in Ukraine of a model of the European system of food safety, which is based on the “farm-to-table” principle, entrusting control functions to a single public body (competent authority), whose area of responsibility will cover the entire food chain, and the frequency of state control will be based on a risk-oriented approach. Today, market operators are responsible for product safety. They are required to implement procedures based on the principles of the system of Hazard Analysis and Critical Control Points (HACCP) at the facilities. The law establishes provisions that greatly simplify business in this area, and should enhance the competitiveness of domestic producers. 
Its drawbacks include the lack of consolidation of the transparency principle, namely the involvement of the public in the form of consultations and mandatory provision of information about decisions and actions of the public authorities to the general public.
Also, the problem is the lack of differentiation of legal regulation between the safety and quality of food. EU legislation in this sphere provides that a state controls only the product safety and the quality is ensured solely by market mechanisms. 

5. Some Aspects of Adaptation of Ukrainian Legislation to the European Union requirements in the Field of Foodstuffs Hygiene

Keywords: EU legislation in the field of foodstuffs hygiene, HACCP system, the food safety, the safety of animal feed, hygienic requirements.

If the Ukrainian legislation in the sphere of foodstuffs safety is harmonized with the relevant EU legislation then will be possible the realization of export potential of our agriculture and effective consumer protection.
European Union legislation in the field of foodstuffs hygiene consists of a number of regulations, including: Regulation № 852/2004, which is called “Hygiene 1”, that establishes the general rules of foodstuffs hygiene for food market operators. In addition, Regulation № 853/2004 or “Hygiene 2”, establishes special hygiene rules for food animal’s  origin for owners food’s companies.
The Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products” is  aimed at harmonization of Ukrainian legislation with the EU legislation in the field of safety and quality of food products. The Law consolidated the hygienic requirements for handling foodstuffs in a separate section which reproduces almost entirely the requirements of Regulation № 852/2004.
The basic principle of legislation on food safety establishes that the ultimate responsibility for safety must rest food market operators. 
The most effective system that ensures maximum food safety is The Hazard Analysis and Critical Control Point (HACCP) system. It is a science-based system created to identify specific hazards and tack actions for control of hazards to ensure food security and quality.
In comparison with methods which used in Ukraine for a long time (such as inspection or quality control), HACCP system is a preventive system to correct problems before they affect the safety of the food, you have to plan in advance to correct potential deviations from established critical limits. HACCP is a systematic preventive approach to food safety that addresses physical, chemical, and biological hazards as a means of prevention rather than finished product inspection.
The Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products”(hereinafter – the Law) introduced the HACCP system at all stages of production and circulation.
In accordance with the Law, HACCP system is flexible where appropriate taking into account the nature and the size of the implementing company/organization. The main issue is safe and higher-quality food products, not the complication activity of the food industry enterprises.
The implementation of this system requires much time and resources, so the Law provides transition periods. A methodological instructions for implementation of HACCP should be developed and approved during 3 years for small businesses and the year for other businesses.
One of the innovations of legislation on food safety is an article 33 of the Law of Ukraine «On Amending Certain Legislative Acts of Ukraine as regards to Food Products» which provides an opportunity development of methodological instructions for associations of market operators in the procedure prescribed by the Law. It is a common practice in the European Union.
Important goal of the new general and specific hygiene rules is to ensure a high level of consumer protection with regard to food safety.
Certainly, to achieve this goal it is necessary to use an integrated approach starting with raw materials production to output of products to the market or its export. Besides the Law, it is necessary to regulate the safety of animal feed. Indeed, the hygienic requirements for production of animal feed are a part of the system of food safety control at all stages of their production and circulation “from field to table”. Also important is the introduction of the certification of production processes of agricultural products for the Global GAP system.

6. Regulation of the Market of Agricultural Lands:  Polish Experience.

Keywords: the market of agricultural lands, the moratorium on selling agricultural land, social functions of agriculture, limitations and prohibitions on the agricultural land market.

In Ukraine, the agricultural reform has been continuing for 30 years. However, strategic goals of the reform weren’t achieved, for example, forming a real owner of the land, socio-economic development of the village, solving the food problem, outputting of Ukrainian agricultural sector at the world level.
Indeed, the reform is still far from complete because there is no the agricultural land market and rental relations regulation need substantial improvement.
Ukraine’s agricultural sector requires transformation today. The experience of developed countries clearly illustrates that rural development is possible in case of increasing the welfare of small and medium producers which live and work exactly in rural areas.  The model of agricultural land market should correlate with the agricultural development model where all participants will have equal opportunities and the rural development will be a priority.
There is no doubt that the moratorium necessary to be canceled. Personally I completely agreed with A. M. Miroshnichenko said that the absence of such market was a daily violation owner’s rights. 
In addition, there are some significant questions that need to be answered: is it appropriate during the crisis time for the economy and during the war in the country to open a market of agricultural land; which risks we should expect because of the incomplete inventory of land, filling the land registry, the registry of land rights; will the free market of farmers help rural development? It is hardly possible to answer argumental to these questions (besides such questions are much more).
The choice of model land market is closely linked with the ordering of the organizational structure of agriculture according to European standards, 
In our view, family farms and individual farms should receive the maximum possible support from the state because they not only produce most of the laborious products and also fulfill the necessary public functions. Furthermore, small farms which based on family work is an important source of income for the rural population.
In this aspect will be useful to analyze the experience of foreign countries. Poland is closest in spirit and related historically with our country. So, the Polish experience in the market of agricultural land regulation is interesting and useful. Certainly, the experience of land market forming in Poland has its own characteristics because the land there was not nationalized, but priorities of Polish land policy and market characteristics of forming are worth studying for understanding perspectives of Ukraine.
The Constitution of Poland stated that the basis of the agricultural system of the state shall be the family farm (Art. 23 of RP Constitution). In accordance with this, state policy in the agricultural sector is based on such position.
The Agricultural Property Agency (Agencja Nieruchomości Rolnych – ANR) was created in Poland in 1991, it is performs functions regulation of agricultural land market and execute operations such as leasing, purchase, lease, sale, transfer of control and others.
The law was enforsed in the 30 of April 2016, that changed the principles of land turnover in Poland. The main conditions of the law is a five-year moratorium on the sale of public lands, fixing the principle of providing preemptive right to those who work and live in the area. The law also will prevent excessive concentration of land in the hands of one owner and the creation of large industrial farms and will support those who wish to increase farm to 300 hectares. Thus, the law aims to protect farmers and improve agricultural structure in Poland.

7. Harmonization of Ukrainian Legislation and European Union in the Field of Food Safery Control 

Key words: food safety control, public authority, adaptation of the legislation, state regulation system, state control.
The article deals with investigation of the certain aspects of the Ukraine and EU legislation in the field of food safety control, level of adaptation and find ways to improve national legislation that would be provide a high level of protection of human life and health. In scientific article analyzed Ukrainian legislation and practical results of EU countries in the field of food safety control for example Denmark.

The Improvement of Public Food Safety Control System in Ukriane: International Experience

Key words: system of state control, state body, improvement of the control system for food safety, state regulation.

The article is devoted to the improvement of the system of state food safety control in Ukraine, which will ensure a high level of protection of health and consumer rights, a persistent reduction in the incidence of foodborne infections, and an improvement in the perception of Ukrainian products in the domestic and international markets. The scientific article analyzes the legislation of Ukraine, as well as the experience of the EU countries in the field of food safety control, in particular the example of Sweden. The ways of improving the national legislation in accordance with the requirements of the European Union have been determined.
Since Ukraine has determined the course of European integration, the primary goal to adapt its legislation to European standards. The Law of Ukraine “On Basic Principles and Requirements for Safety and Quality of Food Products” introduces European standards of safety, quality and food hygiene. The adoption of this law is an important step both for consumers and for food producers. 
Swedish food safety system operates as a single agency system, however, from an administrative point of view, it is divided into central, regional and local (municipal) level. NFA developing legislation, guidelines, checklists, conducting laboratory tests, checks the quality of the other laboratories of food safety and maintains contacts with the European Agency for Food Safety Authority (EFSA).
Therefore, improvement of national legislation in this area with the relevant requirements of European model is not only desirable, but also the only possible way to fulfil the obligations.

8. Changes to the Legislation on Agricultural Co-operation: Analysis and Comments

Keywords: Agricultural co-operation, agricultural service cooperative, cooperative payments, non-profit organization ,associated member.

Researched series of changes which made to the Law of Ukraine “On Agricultural Cooperation” some of them are analyzed taking into account the foreign experience legal regulation of the agricultural servicing cooperatives.
Churylova T.M.  Legal regulation of agricultural service cooperatives activity in Ukraine. – Manuscript.
Key words: agricultural cooperative, agricultural service cooperative, nonprofit status, property relations, member relations, administrative relations.
The dissertation on taking academic degree master of legal sciences in speciality 12.00.06 – land law; agrarian law; environmental law; natural resources law.- Institute of State and Law named after V.M. Koretskyi of the National Academy of Sciences of Ukraine. – Kiev, 2011.
The dissertation is devoted to the research of legal regulation of agricultural service cooperatives activity, legal state of service cooperatives in agriculture of Ukraine. The problems of legal conditions for the service cooperative development in agriculture are analyzed; the notions “agricultural cooperative”, “service agricultural cooperative” are determined. The peculiarities of the legal regulation of property, member and administrative relations which appear in the process of agricultural service cooperatives activity in Ukraine, the Russian Federation, Germany, England, etc. are researched. Special attention is given to the study of nonprofit status of agricultural service cooperatives and modern development trends of the agricultural service cooperative.