scholarly journals Legal Framework of Agricultural Land/Holding Succession and Acquisition in Slovenia

2021 ◽  
Vol 16 (30) ◽  
pp. 24-39
Author(s):  
Franci Avsec

Agricultural land legislation in Slovenia contains extensive special provisions that directly regulate the legal transfer of agricultural land and holdings inter vivos and mortis causa, including inheritance. Additionally, some measures within the common agricultural policy (such as financial support for the takeover of farms by young farmers) and tax policies (exemptions) provide incentives or alleviations for certain legal transactions involving the transfer of agricultural land and holdings. Among special provisions on  the transfer of agricultural land and holdings, those relating to a statutory preemption right and a statutory priority right to lease agricultural land have the longest continuity (from the late 1950s). The holders of these priority rights must meet certain requirements and range in several priority classes. At first, agricultural organisations as legal persons had better priority rights than farmers. In 1990, the priority order was reversed by placing individual farmers before legal persons, individual agricultural entrepreneurs, and the National Agricultural Land and Forest Fund (NALFF). In 1973, the agricultural land legislation prohibited the division of certain middle-sized family farms (protected farms) through inheritance (mortis causa) and later (1986), also inter vivos, (with certain exceptions). The Agricultural Land Act and the Forests Act also restrict the division of certain agricultural or forest land plots. The draft acts of 2019 and 2020 prepared by the Ministry of Agriculture foresee important changes of the agricultural land policy, including  the priority order between the statutory preemption rights and  the removal of a general restriction on the division of protected farms inter vivos.

2011 ◽  
Vol 57 (No. 1) ◽  
pp. 27-34
Author(s):  
E. Uhrinčaťová

The contribution presents the modelling solution of the potential scenarios impact of the Common Agricultural Policy of the European Union after 2013 in the selected sectors of the Slovak Republic national economy. The solution is accomplished using the Computable General Equilibrium model with the emphasis on the productive and less favourable agricultural areas and the theoretical rents for agricultural land. If we take into consideration both pillars of the Common Agricultural Policy of the European Union, according to the modelling calculations in Slovak conditions the most favoured is the Conservative scenario, the Reference and the Flat Rate scenario are neutral and the least favourable is the Liberalisation scenario.


Author(s):  
Violeta Vateva

The quality and quantity of agricultural production depend on the fertility of the soil type on which it is grown. Soil fertility is the result of the interaction of multiple mutually merged factors. Loss of soil fertility leads to soil degradation. Subsequently, it gradually becomes unfit for farming activity. Controlling the maintenance and enhancement of soil fertility is the guarantor of sustainable yields and population satisfaction with food resources, protecting land from degradation, and preserving biodiversity of ecosystems. The report examines the opportunities for restoration of the soil fertility of the agricultural lands of the Yambol Agro region. The aim is to analyze and propose for practice the most suitable methods of organic farming, with the application of which to preserve and improve the fertility of soils from the agricultural fund of the region. The proposed options are in line with the requirements of the European Union and the elements of the Common Agricultural Policy for Conservation of Soil Fertility. As a result of analysis and studies found that the preservation and maintenance of soil fertility in agricultural land in Yambol agroregion is recognized and priority policy of the departments of Agriculture and farmers. From soil fertility conservation methods, organic farmers in Yambol Agro region apply a comprehensive approach, focusing primarily on bio-fertilization, crop rotation and sequential soil treatment systems.


Author(s):  
Dariusz Żmija

The aim of the study was to identify and evaluate the changes in land resources of small farms in the Małopolskie Province in the years 2004-2015 which were a result of using of selected CAP instruments. In the light of the results of the research, it should be noted that the examined CAP instruments had a relatively small impact on the size of land area. Less than one fifth of the respondents made changes in the land resources. Considering only farms that have increased their area it can be stated that the area of agricultural land of these farms increased by 3.7%. This situation is not favorable, especially in the situation of large agrarian fragmentation of farms in Małopolskie Province.


2007 ◽  
pp. 130-136
Author(s):  
Dóra Nagyné Demeter

In harmony with European tendencies, the role of agriculture and its share in GDP output, as well as in employment, is continuously decreasing in Hungary and Hajdú-Bihar County. At the same time, according to the specialized literature, the role of agriculture is still extremely important in the income of the rural population and in easing the present social tensions, and this will not change in the future. The economic and social processes of the last one and a half decades caused radical changes in agriculture. The above-mentioned processes resulted in new property and organizational structure in the field of leasehold and land structure. The rational land concentration which came to pass in the last few years can be mentioned as a favourable tendency that improves the efficiency of agricultural activities, as well as the more effective land usage accompanied by this process. In addition, it supports the integration with principles formulated in the Common Agricultural Policy. In this study, I survey the effects of established processes and the change of land usage in the case of individual family enterprises in Hajdú-Bihar County. The choice of the examination area was motivated by the higher proportion of agricultural area in comparison with the national average and the fact that this sector has great importance today, too.


2021 ◽  
pp. 137-152
Author(s):  
Piotr Iwaszkiewicz ◽  
Przemysław Litwiniuk

In the new proposed legal solutions, shaping the instruments of the Common Agricultural Policy of the European Union, the concept of “active farmer” is of great importance, as it is an key element of a family farm. The European Union and the member states will program strategic interventions, addressed mainly to family farms. The authors of the article characterized the structural elements of the proposed legal concept of “active farmer” and compared them with the elements of the concept of “individual farmer” known in Polish law. They presented a conclusion that the Polish and EU understanding of the legal category of “family farm” is different and the current Polish legal solutions will not be useful in constructing and implementing the strategic plan for 2023–2027. They also call for a revision of Polish legal solutions relating to family farms.


2019 ◽  
Vol 5 (2) ◽  
pp. 27-38
Author(s):  
Irena Žaucer ◽  
Helena Puc

AbstractThe purpose of the article is to present agricultural land tenure in Slovenia and its impact on the division of the factor income into the part intended for the production factor of land and the improvement by the introduction of the rent statistics. The land, together with the labour force and capital, contributes to the income generation and it is one of the production factors that participate in the income division. The analyses so far have been based on the FADN data but the Slovenian analysis is based on data from the Economic Accounts for Agriculture (EAA), it uses different sources, and a different calculation approach. The calculation is based on the share of rented utilised agricultural area which amounts to about 30% of the total utilised area. Due to the availability of the data the rent value is calculated depending on the institutional sectors – for agricultural enterprises (the non-financial enterprise sector) and family farms (the household sector). In 2016 the average rent per ha of utilised agricultural area amounted to almost EUR 150 and the nominal value of rents paid in Slovenian agriculture to EUR 21 million. Slovenian share of rent in factor income for the period 2000–2016 is 3%, which is substantially lower than the European Union (EU-28) average of 8%. In 2016, the factor income per employee was around EUR 6,000; about 4% of this amount was contributed to the land in the form of rent value. The rest was contributed to the workforce and capital. The paper presents the results that could be helpful for the agricultural and land policy makers.


2019 ◽  
Vol 20 (1) ◽  
pp. 159-170
Author(s):  
Katarzyna Czerwińska-Koral

According to art. 23 of the Constitution of the Republic of Poland, family farms form the basis of the agricultural system of the Republic of Poland. Family farms is a special type of farm run by an individual farmer. The legislator, realizing the assumptions of agricultural policy, concretes the constitutional norm by means of formal institutions, that is, regulations and legal regulations that prefer a family farm as a form of conducting agricultural activity. Thus, conducting business in this special form and - as a result - managing it is easier compared to other forms of activity. Particular facilities relate to the acquisition of agricultural land rights (possession of agricultural land). The purpose of this article is to draw attention to the preferences of the legislator in relation to family farms and individual farmers who run them.


2008 ◽  
Vol 15 (4) ◽  
pp. 351 ◽  
Author(s):  
J. HELIN ◽  
M. LAUKKANEN ◽  
K. KOIKKALAINEN

Designing efficient agri-environmental policies for agricultural nutrient load reductions calls for information on the costs of emission reduction measures. This study develops an empirical framework for estimating abatement costs for nutrient loading from agricultural land. Nitrogen abatement costs and the phosphorus load reductions associated with nitrogen abatement are derived for crop farming in south-western Finland. The model is used to evaluate the effect of the Common Agricultural Policy reform currently underway on nutrient abatement costs. Results indicate that an efficiently designed policy aimed at a 50% reduction in agricultural nitrogen load would cost € 48 to € 35 million, or € 3756 to € 2752 per farm.;


Author(s):  
Bartosz MICKIEWICZ

The paper presents the EU trend towards simplifying of the European legislation in the Common Agricultural Policy. Author remarks the Multi-annual Financial Framework should be focused on the simplification of the CAP and points out that the law should be created in simple, transparent and understandable manner for farmers. EU Members States must respect the principles of subsidiarity, proportionality and coherence. Paying attention to direct payments, there is underlined the importance of land greening in relation to the diversification of crops and the preservation of permanent agricultural land. Author concludes that only professional farmers who have acquired payment entitlements. The review of CAP has not changed the level of funding of agricultural policy in present financial perspective.


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