Agrarian notes as a new legal instrument for raising funds in Ukrainian agriculture
Authors: Batyhina Ilena , Kupchenia Lidia 
Published: July 2024

Problem setting. The Ukrainian reality today is that the search for new means of regulating fundamental social relations is a necessity, not an option. This is especially true in such important areas as the creation of goods that are vital to human life, such as clean water and safe food. Obviously, the inability to provide yourself and your family with healthy food is fraught with illness and reduced ability to work. At the same time, in a country that has been at war for a long time, it is difficult for an ordinary citizen to cope with this on his or her own. On the other hand, the provision of the most important things directly depends on the state support of those subjects of legal relations that create these things, namely agricultural producers. The provisions of the current legislation on state support for agriculture need to be supplemented with new instruments, since military actions cause direct damage to both the land, which is the basis of agricultural production, and all the resources involved in the process of agricultural production. In this regard, the issue of finding new instruments of state support, in particular in terms of attracting financial resources to agriculture, is becoming more relevant. Analysis of recent researches and publications. The legal regulation of state support for agricultural producers, including financial instruments, was studied in their works by O. Bilinska, O. Gafurova, H. Grigorieva, O. Dmytryk, V. Zhushman, V. Yermolenko, T. Kovalenko, G. S, Kornienko, T.V. Kurman, S.I. Marchenko, V.V. Panchenko, M.Y. Pokalchuk, I.P. Safonov, A.M. Stativka, P.Y. Shvedenko, V.Y. Urkevych and others. At the same time, the needs of wartime require supplementing the existing state support measures with new ones which will be effective in the current socioeconomic conditions. Purpose of the research is to study the legal framework of such a new instrument for attracting financial resources to agriculture as agrarian notes, and to determine its place in the system of existing instruments of state support for agrarians. Article’s main body. The article conducts a comprehensive analysis of legislative initiatives in the sphere of state support for agriculture in Ukraine under martial law conditions. It lists the traditional measures of state support for agriculture and subsequently analyzes scientific literature on their effectiveness during peacetime. The rationale for implementing such state support measures, which do not require funding from state and local budgets, under martial law in Ukraine is argued. Important aspects of legislative improvements and practical aspects of the agrarian notes implementation system are discussed. A detailed analysis of the provisions of the Law of Ukraine «On Agrarian Notes» adopted on February 22, 2024, is conducted. The term agrarian notes, its essence, and types as a non-emission security are defined. A comparison of the legal regimes for the use and circulation of agrarian notes and agrarian receipts is conducted, highlighting their main differences and similarities. Several advantages of agrarian notes are identified, including simpler and cheaper procedures for issuance and circulation, a broader range of participants, more collateral opportunities, the most modern guarantees of reliability and responsibility, etc. Consequently, a conclusion is made about the real possibility of increasing access to credits for agricultural producers compared to the current situation. Key provisions of legislation aimed at ensuring the use of agrarian notes for attracting funds into Ukraine’s agriculture are analyzed. Additionally, the essence of the agricultural credit system in Ukraine is revealed. Key aspects of state support for agriculture are highlighted, legislative gaps are identified, and author proposals for their elimination are provided. Conclusions and prospects for the development. The research results allow for the conclusion that developing an effective mechanism for using agrarian notes and aligning the legislation for the implementation of the Law of Ukraine «On Agrarian Notes» and the Law of Ukraine «On Enforcement Proceedings» concerning the appearance of agrarian notes as a corresponding enforcement document is advisable. The mechanism for forming a special extract from the Register of Agrarian Notes and the peculiarities of foreclosure on agrarian notes are analyzed. The article emphasizes that the use of agrarian notes in Ukraine under martial law is promising, provided an effective mechanism for foreclosure on unfulfilled agrarian notes is introduced. The study concludes that before the Law of Ukraine «On Agrarian Notes» comes into force, its implementation must be ensured through a system of subordinate regulatory acts to ensure the proper and practical use of the new financial instrument. Subsequently, the legislative framework should be adjusted according to the experience gained by market participants and judicial practice. It is also concluded that active promotion of agrarian notes among agricultural producers is necessary.