scholarly journals THE TEMPORARY USE OF AGRICULTURAL LAND - SPECIFIC INSTRUMENT IN AGRICULTURAL EVENTS

2019 ◽  
Vol 17 (Suppl.1) ◽  
pp. 210-214
Author(s):  
G. Velkovska
Keyword(s):  
Swot Analysis ◽  
Agricultural Land ◽  
Negative Impact ◽  
Legal Framework ◽  
Legal Issue ◽  
Original Form ◽  
Land Protection ◽  
Public Property ◽  
The Subject ◽  
The Law

Under the terms of Article 56 (1) of the Rules for the Application of the Law on the Conservation of Agricultural Land [www.lex.bg] in the construction of sites - public property of the state or municipalities, it is possible to use land for a certain period outside the site (track) of the site. In such cases, land that is needed temporarily in the construction of underground and aerial linear objects is needed and is necessary for geological and other research. The text of Art. 57, par. 1, 3 and 4 of the aforementioned Rules regulates the relations between the investor of the site and the owner of the land - for the use of the land a contract is signed between the investor of the site and the owner of the land. The contract is concluded in the presence of an established site (track, terrain) for the site with a decision of the commission under Art. 17, para. 1 Agricultural Land Protection Act [www.lex.bg]. The agreement between the parties sets out the terms and conditions for the use of the land, the amount of the rent, the damages and lost profits, the manner of their payment and the corresponding penalties. The contract can not be concluded for more than 10 years. What are the obligations of the investor? The investor of each site, according to the norm of art. 58 of the Regulation for the application of the law on the preservation of agricultural lands, shall be obliged to return the used temporary land after expiration of the term of the contract in the original form or in a form suitable for agricultural use. The land shall be brought into this type by the investor on the site at his expense within the term of the contract. When the use of the land necessitates the construction of buildings and / or facilities of a permanent character, the investor of the site is obliged, within the term of the contract, to propose a change of the purpose of the necessary land after acquisition of ownership or right to build . In connection with the above, the subject of the article is precisely the basic legal details of the agricultural legislation of the Republic of Bulgaria dealing with the conditions and the process of granting and temporary use of agricultural land in conducting spatial events on it. The subject of an analysis based on the current legal issue is some of its imperfections, affecting to some extent the negative impact on the effective use of this instrument and worsening the expected results. The methodology of the SWOT analysis will be used for the analysis needs. The purpose of the study is to examine and analyze the legal matter of the field of agricultural land use, to summarize and formulate some directions of improvement of the legal framework that it needs in order to fully fulfill its role as a specific and necessary instrument in agro-development activities.

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 On the court jurisdiction in case of litigation between entrepreneurs

2019 ◽  
Vol 13 (1) ◽  
pp. 655-662
Author(s):  
Cristina Cojocaru
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Civil Code ◽  
High Court ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
Practical Implications

Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.

scholarly journals Tax control and inspection supervision in the Republic of Serbia: Characteristics of the legal framework and the need for coordination

Ekonomika ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 75-90
Author(s):  
Milan Rapajić ◽  
Milivoje Lapčević ◽  
Violeta Miladinović
Keyword(s):  
Tax Evasion ◽  
Legal Framework ◽  
General Law ◽  
Official Control ◽  
Tax Laws ◽  
The Subject ◽  
Comprehensive Reform ◽  
The Law ◽  
The Republic ◽  
Rule Out

Today, the success of entire tax system is viewed through the effectiveness of tax control. Tax control activities are performed by tax inspectors with special authorities, duties and responsibilities, and its purpose is to control whether taxpayers activities comply with tax laws and regulations. With the adoption of the Law on inspection supervision, the Republic of Serbia has implemented a crucial, comprehensive reform of inspection bodies and the process of inspection supervision which has been of great significance for public administration, economy and citizens. The provisions of this law are applied to tax procedures based on the principle of subsidiarity, while the activities of tax inspection are mostly based on the provisions of the Law on tax procedure and tax administration. In tax procedures, the issues which are not regulated by the general Law on inspection supervision, are the subject of another specific law-however, the direct application of the specific law cannot rule out or restrict the application of the law which governs the issues of inspection supervision and official control which are not regulated by the specific law. In this paper, the author discusses the similarities and differences between two laws and solutions for their harmonization underlining their advantages and weaknesses aimed at ensuring the maximum compliance with tax laws and reduction of tax evasion and shadow economy.

scholarly journals Change in use of agricultural land for non-agricultural purposes – procedures, aspects, problems

2019 ◽  
Vol 11 (3) ◽  
Author(s):  
V. Velkovski
Keyword(s):  
Agricultural Sector ◽  
Swot Analysis ◽  
Agricultural Land ◽  
Legal Framework ◽  
Spatial Development ◽  
Land Conservation ◽  
Legal Analysis ◽  
Investment Projects ◽  
Literary Sources ◽  
Investment Intentions

Abstract. The change of the designation of agricultural land for non-agricultural purposes is related to investment intentions for realization of developmental events on the agricultural territories, which are mainly of a constructional nature. In a legal and technological aspect, this process is regulated in Chapter Five of the Agricultural Land Conservation Act (1996) and Chapter Five of the Rules for Implementation of Agricultural Land Conservation Act (1996). Other specific legal details in this respect are subject to regulation in a number of other legal acts: Spatial Development Act (2001), Black Sea Coast Spatial Development Act (2008), Cadastre and Land Register Act (2000), Ordinance No. 7/22.12.2003 on rules and norms for the construction of the different types of territories and development zones, Ordinance No. 8/14.06.2001 on the volume and content of development plans, Ordinance No. 4/21.05.2001 on the scope and content of investment projects, etc. The aim of the study is to justify the necessity to change land use on a reasonable scale as a necessary instrument in the agricultural sector, by monitoring and analyzing the current legal framework and some literary sources. In this connection, the methodology of the legal analysis and the methodology of the SWOT analysis are used. The expected results are oriented towards the formulation of some proposals concerning the improvement of the mechanisms for the change of the purpose of the agricultural land.

Studies on, the Topsoil of an Underground Coal-mining Project

1994 ◽  
Vol 21 (2) ◽  
pp. 126-132 ◽  
Author(s):  
Nishit K. Kundu ◽  
Mrinal K. Ghose
Keyword(s):  
Coal Mining ◽  
Water Table ◽  
Agricultural Land ◽  
Underground Mining ◽  
Negative Impact ◽  
Sandy Loam ◽  
Field Capacity ◽  
Land Protection ◽  
Infiltration Rates ◽  
The Impact

The coal-mining industry plays a vital role towards meeting the energy demands of the people of India. Whether the mining is opencast or underground, however, it affects the environment and ecology of the region. Land is a non-renewable resource and is the main component damaged by mining. In India, exploitation of minerals was carried out in early days with virtually no regard for land protection. Underground mining causes subsidence of strata, mine fires, disturbance of the water-table, topographic disorder, and damage to the land-use pattern.A fact-finding survey was made at an underground coal project of Raniganj Coalfield in Eastern India, to assess the impact of mining on the topsoil, the study area being described. Generally the soils of the local agricultural land are brownish-grey and smooth while those of the ‘danga’ lands are yellowish brown with fine rock materials, the textural quality being, respectively, sandy loam and loamy sand. Field tests such as infiltration rate and field capacity were measured at all the sampling locations, and graphical representation of the infiltration rates are given.Infiltration rates of ‘danga’ land were found to be higher than those of agricultural land, due to their generally coarser texture. Field capacity of agricultural lands were found to range from 17.94 to 21.05%, and of ‘danga’ lands from 12.86 to 14.65%. Wilting coefficients were found to range from 5.31 to 6.75% for agricultural land and from 4.70 to 5.25% for ‘danga’ land. Bulk density, soil pH, conductivity, moisture content, and fertility status of the area, were also studied and the results discussed. Soils are deficient in nutrients. Kharif crops give an average yield of 5.05 quintals (each of 100 kg) per acre (0.405 ha) and Rabi crops only 4.88 quintals per acre. Underground mining activity will create land subsidence and disturb the water-table, finally having a negative impact on the topsoil of the area.

scholarly journals WOMEN, MINING AND THE LAW

Obiter ◽  
2016 ◽  
Vol 37 (3) ◽  
Author(s):  
Willemien du Plessis
Keyword(s):  
Agricultural Land ◽  
Legal Framework ◽  
Small Scale ◽  
Environmental Damage ◽  
Specific Discipline ◽  
The Law ◽  
Mining Projects ◽  
And Gender ◽  
Family Nutrition ◽  
Executive Positions

At a recent colloquium of the University of Cape Town’s Mineral Law in Africa’s initiative the position of gender and mining were discussed. The discussion raised many issues pertaining to women’s position in relation to mining in Africa.Tapiero states that “worldwide between 80 and 100 million people are directly and indirectly dependent on non-industrial forms of mining for their livelihoods. Of these, an estimated 30% are women.” The same author then indicates that mining carries risks for women as mining may result in a poor distribution of the mining benefits between men and women; it may lead to social disruption, including matters such as domestic violence, loss of agricultural land and environmental damage and pollution. When decisions are made with regard to mining projects, women are not always consulted and they do not have, due to cultural or religious reasons, a say in decision-making, either with regard to employment, or the placing of a mine. There may also be other legal or cultural constraints impacting on the effects that mining may have on women. The author, however, also indicates that “a growing body of evidence indicates that the increasing women’s economic opportunities lead to a higher rate of family savings, greater spending on family nutrition, health and girls’ education and declining household poverty”.But who are the women who are affected by mining? The literature addressing gender and mining issues deals with a wide array of gender issues. Although there may be many more categories, the following women are identified as those involved in or affected by mining: (a) women in management or executive positions; (b) women in administrative or non-artisan positions; (c) women working underground in mines or with hazardous materials; (d) women involved in small-scale mining and (e) women affected by mining. It seems that it is the last three categories of women that need the most protection from the law.There are multiple approaches to gender and mining, and multiple issues that one can address from a specific discipline or from an inter-disciplinary approach. One of these approaches could be to establish: (a) the legal framework pertaining to women and mining; (b) to determine the role that women play in mining; or (c) to determine how the law could address the challenges that women face when either affected by mining or being involved in mining. Another approach would be to undertake empirical research and to determine what effects mining has on women. Such a study will necessitate inter-disciplinary team research which is not the purpose of this note. The one approach could, however, not really be divorced from the other as one first has to determine how women are affected by mining and what challenges they experience as a result of mining. One then has to determine which roles they play in relation to mining and then determine the legal framework in relation to mining and gender. Once this is established then it may be considered whether this framework adequately addresses the challenges that women may face. It is immediately acknowledged that gender refers to male and female, and that men and male children may also be affected by mining, but this note will address issues relating to women and mining only.This note’s aim is therefore to provide a general framework pertaining to the different impacts that mining may have on women, based on studies undertaken by other researchers in disciplines other than law, and to indicate the legal frameworks that need to be considered when these impacts are researched. The hope is that it will inspire teams of researchers to undertake further in-depth multi-disciplinary studies to find solutions to this very complex challenge.This note will address the legal framework to be considered in an African context and will address the different categories of women affected by mining, namely: women working as managers (in executive positions or administrators), women working underground, women affected by mining and finally women in small-scale mining.

Theoretic and Practical Aspects of Protection of the Right of Ownership in the Hereditary Relations

2020 ◽  
Vol 27 (3) ◽  
pp. 95-108
Author(s):  
Iryna Dzera
Keyword(s):  
Negative Impact ◽  
Case Law ◽  
Effective Mechanism ◽  
Hereditary Property ◽  
Judicial Practice ◽  
The Subject ◽  
The Law ◽  
The Moment ◽  
State Registration ◽  
The Right

The relevance of the subject matter lies in the fact that inheritance is one of the most common grounds for acquiring property by individuals. Considering the fact that the heirs are often relatives of the testator, to avoid disputes between them, the law should contain an effective mechanism for resolving relations between heirs over the redistribution of inheritance or change of the order of inheritance, and a mechanism to protect the rights and interests of heirs in case of disputes. The purpose of this study is to identify gaps and inconsistencies in civil legislation and case law in the study of the main ways to protect the rights of heirs in hereditary relations, and ways to resolve them. It is noted that in the presence of disputes between the heirs, it is not the protection of property rights that is carried out, because the heirs have not yet acquired the right of ownership, but the protection of the right to inheritance, according to which they will be able to acquire ownership of the inherited property. There is a lack of a particular list of ways to protect the rights of heirs in the legislation of Ukraine, which has a negative impact on judicial practice, as they often use inappropriate methods of protection. The study analyses the case law of hereditary disputes and identifies the main mistakes that courts make in resolving such cases. Particular attention is focused on the study of such methods of protection as the recognition of the certificate of inheritance as invalid, the hereditary recognition of the property that belonged to the deceased, but was not part of the inheritance. The study investigates the moment of ownership of the hereditary property of the heirs and a critical analysis of the provisions of Article 1268 of the Civil Code, which determine the moment from which the inheritance belongs to the heir – namely from the moment of opening the inheritance. There is a conflict between the rules of Article 1268 and Article 3 of the Law of Ukraine "On state registration of real rights to immovable property and their encumbrances" in terms of establishing the moment of ownership of immovable property by inheritance

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

scholarly journals THE CONCEPT AND STRUCTURE OF THE IMPLEMENTATION OF PROSECUTOR's SUPERVISION OVER THE ACTIVITIES OF LAW ENFORCEMENT AGENCIES

2021 ◽  
Vol 31 (4) ◽  
pp. 681-689
Author(s):  
A.A. Nasonov ◽  
O.A. Nasonova
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Implementation Process ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Individual ◽  
Supervisory Relations

The article proves that the concept of "Prosecutor's supervision over the activities of law enforcement agencies" is used in several aspects. This approach allows us to consider this phenomenon as a system of norms regulating public relations for checking the implementation of laws by law enforcement agencies; as criminal procedural relations; as criminal procedural activities of the prosecutor's office. The article examines the structure of the implementation of prosecutor's supervision over law enforcement agencies, which includes the following elements: the subject of implementation, the object of implementation, the means of implementation. Arguments are given in favor of the fact that the object of implementation of the prosecutor's supervision over the activities of law enforcement agencies is the activities of the prosecutor's office aimed at verifying the accuracy of the law enforcement agencies, including the application of measures of the prosecutor's response to them. The subject of implementation of the prosecutor's supervision of law enforcement agencies, which is represented by the prosecutor's office, is being studied. The article describes the means of implementing prosecutor's supervision over the activities of law enforcement agencies. The definition of this implementation process is formulated and its features are revealed, which include: the course of this implementation within the framework of prosecutor-supervisory relations; implementation in the interests of society, the state and the individual; manifestation in the form of lawful actions; reliance on a complex legal framework, the core of which is the Law on the Prosecutor's Office.

scholarly journals DEVELOPMENT OF THE LEGAL FRAMEWORK OF PARLIAMENTARY CONTROL IN UZBEKISTAN: THE SUBSTANTIVE PROVISIONS OF THE LAW “ON PARLIAMENTARY CONTROL”

2016 ◽  
pp. 0-0
Author(s):  
Рахим Хакимов ◽  
Rakhim Khakimov
Keyword(s):  
Large Scale ◽  
Theoretical Study ◽  
Legal Framework ◽  
Control Measures ◽  
Control Functions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
And Control

The article is devoted to the development of the constitutional and legal framework of parliamentary control in Uzbekistan. It provides an analysis, carried out during the years of independence, of large-scale, successive reforms aimed at strengthening the role, authority and control functions of the Parliament — the Oliy Majlis of the Republic of Uzbekistan. Particular attention is paid to the disclosure of the nature and the content of the Law “Оn parliamentary control” adopted in 2016. Separately, the issues concerning the subject structure of legal relations in the sphere of parliamentary control, the object of parliamentary control, the permissibility and the limits of parliamentary control, its forms, as well as measures taken by the parliamentary response by the results of the control measures are considered. The author made an attempt to justify the provisions of the Law of the Republic of Uzbekistan “On parliamentary control” scientifically and theoretically, identified a number of issues that require scientific and practical discussion and profound scientific and theoretical study.

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