LEGAL REGULATION OF AGRICULTURAL LAND TURNOVER

2019 ◽  
pp. 27-34
Author(s):  
V.P. Cherdantsev ◽  
M.S. Oborin ◽  
M.A. Gorodilov
Keyword(s):  
Agricultural Land ◽  
Legal Regulation

The current state and prospects of development of legal support of hydraulic land reclamation

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
Keyword(s):  
Public Relations ◽  
Agricultural Land ◽  
Land Reclamation ◽  
Effective Interaction ◽  
Weather Conditions ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Current State ◽  
Adverse Weather

The article is devoted to the analysis of the current state of the legislation of Ukraine in the field of hydraulic reclamation of lands, as well as to highlight the prospects for the development of legal support of the outlined sphere of public relations. It is established that hydraulic reclamation of lands contributes to increasing soil fertility, increasing productivity and sustainability of agriculture, creating a guaranteed food fund of the state. However, in recent years, the effectiveness of hydraulic land reclamation is declining, due to a number of reasons of objective and subjective nature: insufficient logistics and shortcomings in the operation of hydraulic structures, deterioration of ecological and reclamation of agricultural land, lack of interest and responsibility land users. These factors include incomplete use of scientific developments, insufficient information support, imperfect and outdated legal framework. Given the great importance of hydraulic land reclamation for the development of agriculture in the country, these relations require proper legal regulation. It is concluded that the problems of combating desertification, resource and food security of the state in years with adverse weather conditions, water supply of agriculture cannot be solved only by organizing land reclamation, because this problem is complex. In order to achieve the goals of the Irrigation and Drainage Strategy in Ukraine for the period up to 2030, it is necessary to ensure effective interaction of legal, organizational, economic and financial mechanisms of irrigation and drainage restoration in Ukraine within the framework of the identified priority areas. Keywords: land reclamation, hydraulic land reclamation, land irrigation, land drainage, agricultural lands

scholarly journals To the problem of legal regulation of agricultural land turnover in the Russian Federation

2020 ◽  
Vol 176 ◽  
pp. 06005
Author(s):  
Irina P. Chupina ◽  
Natalia N. Simachkova ◽  
Oksana S. Trotsenko
Keyword(s):  
Russian Federation ◽  
Agricultural Land ◽  
Life Support ◽  
Legal Regulation ◽  
Point Of View ◽  
Natural Fertility ◽  
Legal Regime ◽  
Land Relations ◽  
Legitimate Interests ◽  
The Russian Federation

The authors comprehensively investigated theoretical and practical problems of legal regulation of agricultural land turnover in the Russian Federation. They analyzed the jurisprudence in the field of agricultural land turnover, examined the legal regime of agricultural land in the Russian Federation, investigated the peculiarities of land plots turnover from agricultural lands, identified a number of significant problems in the legislation in the field of legal regulation of agricultural purposes land turnover. It is difficult to overestimate the importance of land, which is a nonrecoverable natural resource. From this point of view, agricultural land has a unique unrepeatable natural fertility capacity that determines the possibility of producing life support products, being an essential component of the environmental system. In the annual Address to the Federal Assembly of the President of Russia in 2019, V.V. Putin, specifying the main directions of strategic development of the country, noted the high importance of the land legislation development. The peculiarities of the agricultural land plots turnover are due to the public nature of land relations regulation. For this category of land, a special legal regime is established for food security purposes of Russia, which leads to the prevention of removing these lands from agricultural circulation, as well as building development. According to articles 9, 36 of the Constitution of the Russian Federation, “land and other natural resources are used and protected in the Russian Federation as the basis for the lives and activities of peoples living on the the relevant territory” and the exercise of authority by land owners is limited to conditions for potentially damaging the environment and violation of rights and legitimate interests of other persons.

scholarly journals Land fragmentation and efforts to prevent it in Slovak legislation  

2017 ◽  
Vol 63 (No. 12) ◽  
pp. 559-568
Author(s):  
Lazikova Jarmila ◽  
Rumanovska Lubica ◽  
Takac Ivan ◽  
Lazikova Zuzana
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Minimum Size ◽  
Effective Prevention ◽  
Land Protection ◽  
Land Fragmentation ◽  
The Subject ◽  
The Individual ◽  
Effective Use ◽  
Legislative Measures

Agricultural land represents a country’s natural heritage. Therefore, land protection is an issue that is the subject of various legislative measures, also including those that affect land fragmentation. Land fragmentation is a problem that hinders the effective use of land. In 1995, Slovak lawmakers adopted Law 180/1995 Coll., which prevents the fragmentation of land under a minimum size. The aim of this paper was to determine whether Slovak legislation concerning land fragmentation is effective and prevents this phenomenon. We compare the Slovak legislation with the legislations of other countries, and, further, we describe the existing situation with respect to land fragmentation in the individual regions of the country according to the requirements of Slovak legal regulations. The results include proposals for the potential amendment of the legal regulation to ensure the effective prevention of land fragmentation.

scholarly journals Importance of ownership and lease of agricultural land in Slovakia in the pre-accession period

2012 ◽  
Vol 49 (No. 5) ◽  
pp. 213-216
Author(s):  
A. Bandlerová ◽  
E. Marišová
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Eu Countries ◽  
The Eu

A vast majority of agricultural land is leased, only a few owners manage their own land. The market with agricultural land falls behind and, together with land lease, it depends on the prosperity of Slovak agriculture. In comparison with the EU countries, the prices of land and land lease in Slovakia are disproportionately low. At present, the Slovak legislation is focused on legal regulation of long-term, i.e. lasting more than ten years, leasing. However, this raises a question whether we should not rather concentrate on the support of the developing market with agricultural land instead.

Land Ownership in Ukraine: Reform Issues

2020 ◽  
Vol 11 (4) ◽  
pp. 1175
Author(s):  
Ivan O. KOSTYASHKIN ◽  
Nadiia I. CHUDYK-BILOUSOVA ◽  
Liudmyla S. TARANENKO ◽  
Alla V. ANDRUSHKO ◽  
Natalia M. LOGINOVA
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
Agricultural Land ◽  
Legal Regulation ◽  
State Regulation ◽  
Market Reform ◽  
Land Market ◽  
The European Union ◽  
Business Entities ◽  
Land Control

At present, the issue of land market reform for Ukraine is extremely urgent, as the state has for over 20 years been operating a moratorium on the alienation of agricultural land. The prudent transition from a moratorium on the alienation of agricultural land to the modern land market is a priority area for land reform. The purpose of the paper is to conduct a scientific analysis of the current state of land market reform in Ukraine, as well as to compare the chosen reform path with the experience of developing the mechanisms of legal regulation of the land market in several European countries. Methods traditional for legal studies in Ukraine were used to achieve this purpose: historical law; comparatively law; formal law. The study found that a moratorium on the sale of agricultural land leads to the existence of a gray land market, which benefits primarily large corporations, and violates the rights of other business entities. State regulation in the EU countries is expressed in limiting the size of land, control over compliance with the change of purpose of land or the absolute prohibition of its change, restrictions on admission to the purchase of land by foreigners, obtaining special permits for the acquisition of agricultural land, etc. To fulfil the potential of the land market and fully protect the rights of landowners, it is important to consider not only the expansion of opportunities for sale but also the lease of land. The experience of the European Union states that the priority way of development of the land market is its development through stimulation of the farming method of land tenure and land use, which contributes to the performance of the social function by the land.

scholarly journals Legal Aspects of the Agricultural Land Protection in Slovakia

2017 ◽  
Vol 6 (1) ◽  
pp. 29-36 ◽  
Author(s):  
Lucia Palšová ◽  
Ina Melišková ◽  
Anna Bandlerová
Keyword(s):  
Surface Area ◽  
Historical Development ◽  
Agricultural Land ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Land Protection

Abstract Protection of the functions and surface area of agricultural land should be the interest of every society and is an expression of the maturity of the country. The paper analyses historical development of the legal regulation on the protection of agricultural land in Slovakia since the establishment of Czechoslovakia i.e. from 1918 to the present, i.e. until 2017.

scholarly journals Features of circulation of agricultural lands in Ukraine for legal entities

2020 ◽  
Vol 15 (29) ◽  
pp. 23-50
Author(s):  
Sibilla Buletsa
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Slow Growth ◽  
Legal Regulation ◽  
State Ownership ◽  
Land Market ◽  
Business Partners ◽  
The Right ◽  
The Cost ◽  
Legal Entities

Land in Ukraine can be in private, communal and state ownership. The lands of Ukraine include all lands within its territory, including islands and lands occupied by water bodies, which are divided into categories according to their main purpose. Legal entities may acquire land mainly for use on the rights of lease, sublease, emphyteusis and permanent use, may have agricultural land on the right of lifelong inherited land tenure, the legal regulation of which is currently absent. In Ukraine at this stage, models of organization of relations between business partners are effectively and justifiably used through the creation of a joint holding company in a foreign jurisdiction, which further establishes the company in Ukraine. As a result of the anti-terrorist operation and the occupation of Crimea on the territory of Ukraine, the rights of thousands of people to housing, land and property, including the rights of agricultural land use, were violated. Today, land lease is the main way of doing agribusiness, lease agreements have become an important tool for absorbing weaker competitors or seizing their land. In conditions of slow growth in the cost of rent, agricultural holdings can afford a slightly higher fee, which gives them a significant advantage over farmers. However, the moratorium on land has been lifted in 2020 and the land market in Ukraine will be introduced on July 1, 2021. From this date, agricultural land will be available to individuals, ie the moratorium on the sale of agricultural land will be lifted. As for legal entities, the land market will be open for them only from January 1, 2024.

scholarly journals The Procedure for Withdrawal of Lands for the Development of a Municipal Structure

2021 ◽  
Vol 2 ◽  
pp. 21-25
Author(s):  
Ilya A. Aksenov ◽  
Keyword(s):  
Local Government ◽  
Social Relations ◽  
Agricultural Land ◽  
Legal Regulation ◽  
Land Acquisition ◽  
Judicial Practice ◽  
The Social ◽  
And Control

One of the most important issues in the development of Russia has been and remains the land issue. The article is devoted to the substantiation of the specifics of land as an object of municipal legal regulation. The object of the research of the article is the social relations arising in the process of formation, use, management and control over the lands necessary for the development of municipalities. The article reveals practical problems associated with the activities of municipalities on the use of land. The features of the procedure for seizing land property are reflected. The purpose of the legislator is revealed in the activities to improve the procedure for the seizure of land property. The initiators of the process of seizing a separate piece of land for municipal and state needs are identified. The issues of the terms of compulsory seizure of land plots are considered. The analysis of judicial practice related to the issue of material compensation in the land acquisition procedure is carried out. The issues related to the compulsory seizure of agricultural land by federal and municipal authorities are considered. The issues of seizure of land plots from unscrupulous owners are considered. The main provisions and conclusions of the article can be used in the practice of organizing and operating local government bodies in order to improve the issues of municipal legal regulation of lands.

scholarly journals Development of the Legal Regulation of the Cooperative in Slovakia

2019 ◽  
Vol 8 (2) ◽  
pp. 6-16
Author(s):  
Zuzana Ilková ◽  
Zuzana Lazíková ◽  
Anna Bandlerová ◽  
Jarmila Lazíková
Keyword(s):  
Agricultural Land ◽  
Statistical Data ◽  
Legal Regulation ◽  
Agricultural Cooperatives ◽  
Legal Analysis ◽  
Market Conditions ◽  
Legal Form ◽  
Agricultural Cooperative ◽  
Separate Form ◽  
Agricultural Business

AbstractThe paper analyzes the development of the legislation of cooperative law since the late 1940s. It points out the positives, but also the negatives in the development of agricultural cooperative in Slovakia. The number of cooperatives, as well as the area of their farmed land decreased significantly after 1989 and the number of legal entities operating on the land has expanded. In spite of this, however, according to the collected data, it can be stated that in 2018, cooperatives managed 34,25% of agricultural land in Slovakia. Based on the available statistical data on the development of the structure of agricultural cooperatives and on the basis of legal analysis of the legislation, the authors wish to emphasize the merits of the cooperative form of business as well as the advantages of the cooperatives as a separate form of business under current market conditions. The cooperative, as a separated form of business, is still advantageous for all areas of business including the agricultural business. The advantage of a cooperative form of business is highlighted by its flexibility, relative simple and more liberal than other legal form of business.

Sign in / Sign up

Export Citation Format

Share Document