The legislative and scientific aspects of the genesis of the concept of a farm

The article studies the genesis of the concept of farming in the legislation of Ukraine and legal doctrine. The development of legislation during the period of independence of Ukraine is reviewed. It is stated that the basis of the definition of farming as a form of entrepreneurial activity of citizens remains unchanged until now. In other elements the legislative definition of farming has been changed several times. For example, supplementing with provisions on the direct indication of the establishment of a legal entity, the purpose of activity - profit and the designated purpose of land. It has been revealed that the legislation does not contain clear provisions to answer the question of belonging of a farm to a certain legal category. The provisions of legislation that influenced the formation of understanding of the concept of farming as a normative and scientific category are revealed. In legal science, the problem of theoretical cognition of the concept of farming has been the subject in various branches and subjected to consideration by many scientists. They criticized the official definition of the farm, pointing out its shortcomings and the possibility of a wide interpretation. The official definition of farming became the basis for expressing in the professional literature an opinion regarding the understanding of this concept as an activity that is carried out by persons in the sphere and under the conditions cumulatively defined by law, or the form or organizational-legal form of legal entities, or a business entity. Based on the conducted research, it is concluded that the legislative definition of a farm does not contain features that would contribute to the disclosure of the legal content of this concept, so it requires clarification. It is proposed to define a farm as an independent economic entity established by citizens of Ukraine who are members of the same family and/or relatives to carry out entrepreneurial activities for the production, processing and sale of marketable agricultural products in the manner prescribed by the laws of Ukraine. Enshrining this definition in the Law of Ukraine “On Farming” will contribute to ensuring legal certainty as an element of the rule of law and strengthening public order.