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

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.

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 99-102
Author(s):  
Halyna Volodymyrivna Zadorozhnia ◽  
Yurij Anatoliyovych Zadorozhnyi ◽  
Ruslana Оlexandrivna Kotsiuba

Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment of monetary obligations. Uninvestigated parts of general matters defining. Behind attention of scientists was left the issue of protecting the rights of individuals who have monetary obligations to the bank and do not have the status of the subject of entrepreneurial activity. The research objective. The purpose of the article is to develop legislative proposals taking into account international and foreign practice in the aspect of protecting the rights of individuals who have monetary obligations to the bank. The statement of basic materials. Specifics of legal regulation of contractual relations is determined between banks and recipients of funds in the aspect of liability for late fulfilment of monetary obligations, propositions to the legislation were substantiated. Conclusions. It is offered to solve the problem of violation of the principle of fairness in the aspect of fulfilment of monetary obligations in the field of banking relations through legislative changes.


2017 ◽  
Vol 6 (1) ◽  
pp. 29-36 ◽  
Author(s):  
Lucia Palšová ◽  
Ina Melišková ◽  
Anna Bandlerová

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.


Author(s):  
Marian Bedrii

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.


2021 ◽  
Vol 11 (3) ◽  
pp. 37-45
Author(s):  
O.V. Kireitseva ◽  
◽  
O.V. Zhylin ◽  

The article examines theoretical formation foundations of functioning system of the agricultural land market in foreign countries. It is analyzed basic and special parameters of the legislative framework on land, protection of rights and opportunities of land owners, purchase and sale procedures in the context of land relations. It has been determined that the success of land reforms and the effectiveness of implementation and functioning of the land market depend on the level of their scientific substantiation, state regulation and measures to coordinate interests of its participants. Land relations are governed by norms of civil, administrative law, or by special laws dedicated to certain types of land relations, as well as laws on agrarian and land reforms in foreign countries. Such key aspects of public regulation are considered in: the taxation system, the credit and financial mechanism, antimonopoly policy, special targeted programs. There is various level of centralization and decentralization of land management, representative bodies of territorial communities that have different powers to regulate land use, organizational and legal forms of land use and forms of ownership of land resources that are not the same in countries with different socio-political systems. It has been determined that the legal regulation of land potential should contain effective aspects of the practical application of norms in real context. That is not only the normative existence of functioning rules, but also the practical aspect of ensuring the implementation of the state's land potential through local authorities within the land areas. This issue can be analyzed by the experience of foreign countries, such as the USA, Germany, France, Italy, Poland, Cyprus, Israel.


New Medit ◽  
2021 ◽  
Vol 20 (1) ◽  
Author(s):  

Agricultural parcels are often the subject of land valuation studies. This approach implicitly assumes that the real estate value of the land belonging to a farm is the sum of the values of the individual parcels that make up the farm. Nonetheless, the value of a whole can be very different from the sum of its parts. This study proposes a methodology for calculating the real estate value of the land belonging to a farm, by including parameters relating to the fragmentation of the land. Fragmentation increases production costs and reduces farmers’ incomes and by extension the real estate value of the farm. In our study area, the province of Jaen in Spain, figures for its most emblematic crop, the olive, show that fragmentation of the land reduces its value by between 51% for a 10 ha farm and 12% for a 30 ha farm as compared to the values set out in the bibliography. The reorganization of the ownership system or the promotion of systems for the common management of land could increase the profitability and therefore the value of land according to the ‘income capitalization’ approach.


2019 ◽  
pp. 142-151
Author(s):  
Gulchekhra SHAKHALDAROVA

Маълумки, ўқув жараёнининг муваффақиятли ва самарали натижаси таълимга қўйилган дидактик талаблар ва принципларга қай даражада амал қилинишига ҳам боғлиқ. Ушбу мақола чет тилини ўқитишда дидактик принциплар татбиғи хусусиятларини ўрганишга қаратилган. Чунки таълим принциплари ўқув жараёнига қўйиладиган ижтимоий талаблар, таълимни ташкил этиш ва бошқаришда риоя этиладиган қонун-қоидалар сифатида амалда қўлланилади. Ўқувчиларга чет тили фанидан бериладиган билим, малака, кўникмалар улар томонидан онгли, пухта ва мустаҳкам ўзлаштирилган бўлиши лозим. Бунинг учун ўқитувчи томонидан тақдим этиладиган ўқув материалларининг ўқув режаси, дастури ўқувчиларнинг индивидуал ёш хусусиятларига мос тарзда тушунтирилиши, улардаги сезги аъзоларининг кўпроқ иштирок этишига эришиш, кўргазмали қуроллар, техника воситаларидан самарали фойдаланиш, дарс давомида ўқувчиларнинг амалий фаолиятини ташкил этиш, мустақил ишлаш, тафаккур қилиш, мантиқий хулосалар чиқара олиш кўникмаларини шакллантиришга катта аҳамият берилиши лозим. Шу сабабли мақолада дидактик принципларнинг назарий асослари, талқини ўрганилиб, чет тили таълимида татбиқ этилишининг айрим хусусиятлари кўргазмалилик принципи мисолида кўриб чиқилган. The main purpose of this article is aimed at teaching a foreign language, studying the features of the application of didactic prints. It is known that the successful and effective result of the educational process depends on the extent to which the laws of the educational process, that is, the didactic requirements for education and the observance of prints. Because educational printouts are valid as the social requirements imposed on the educational process, the laws that are observed in the organization and management of Education. The knowledge, qualifications, skills given to the students on the subject of a foreign language must be consciously, meticulously and firmly mastered by them. To do this, the teacher should draw great attention to the fact that the educational material that he gives is the curriculum, the curriculum should be explained in accordance with the individual age characteristics of the students, the achievement of greater participation of the members of the students ' intuition, the effective use of sighted weapons, technical means, the organization of practical activities of the For this reason, the theoretical basis of didactic printsips, their application in foreign language education by studying interpretation, some features were considered in the example of visual printsip.


Legal Concept ◽  
2019 ◽  
pp. 43-49
Author(s):  
Rashit Nurmagambetov ◽  
Alexey Chermeninov

Introduction: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation is important for the science of constitutional law, as it eliminates the uncertainty in this matter. Purpose: the theoretical and legal study of the relationship between the object and subject of the constitutional regulation. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and the comparative law method. Results: there has been proposed the author’s point of view to include in the category “the object of the constitutional regulation” the principles of constitutional law, the material and intangible benefits, the values of the individual, society and the state, including the rights and freedoms of man and citizen, the sovereignty and independence of state power, the legal interests. It is they that characterize a special sphere of relations, the area of the constitutional influence, accurately revealing the content of “the object of the constitutional regulation” and its volume. Conclusions: as a result of the theoretical analysis of these scientific categories, the authors come to the conclusion that in its root essence the subject of the constitutional regulation is a derived concept from the object of the constitutional regulation. The authors believe that the subject of the constitutional regulation and the object of the legal regulation are connected by a single theoretical and legal basis.


Author(s):  
Galina Leonidovna Zemlyakova

The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.


2017 ◽  
Vol 15 (2) ◽  
pp. 102-109 ◽  
Author(s):  
Volodymyr Kurylo ◽  
Petro Pantaliienko ◽  
Vyacheslav Bogdanets ◽  
Sergij Ovcharuk

Land parcels fragmentation problem in different agriclimatic zones of Ukraine is reviewed; general pattern, as well as regional specific is outlined. Land management of fragmented parcels in agricultural use is discussed, including land ownership and jurisprudence issues of land consolidation. Three key plots were chosen to analyze issues of land fragmentation, geospatial data shown demonstrate need for land consolidation to optimize agricultural land-use of such territories. Specificity fragmentation of land for agricultural companies, located in the mountainous regions of Ukraine, is noted. Gaps in the legal regulation of relation connected with land fragmentation were disclosed. Problems of land inheritance in the context of fragmentation, exchange of land resources as a tool for effective functioning of land market, the small and medium producers, economic development and agriculture in general; the creation of a land bank is regarded as a factor in reducing fragmentation of land were examined.


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