scholarly journals Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Serbia

2021 ◽  
Vol 16 (30) ◽  
pp. 59-73
Author(s):  
Attila Dudás
Keyword(s):  
Agricultural Production ◽  
Opposite Effect ◽  
Agricultural Land ◽  
The European Union ◽  
Association Agreement ◽  
National Assembly ◽  
Legal Restrictions ◽  
The Law ◽  
The Eu ◽  
Legal Entities

The rules on the succession and transfer of agricultural land in Serbia may be characterised as liberalistic. There are no special inheritance regimes applicable specifically to the succession of agricultural land. There is only the possibility of an heir, engaged in agricultural production, to request that the court name him the sole heir of the agricultural land, with the obligation to compensate others. Similarly, the transfer of agricultural land by inter vivos transaction is also essentially devoid of any serious legal restrictions, either for natural persons or for legal entities. There is no cap on the acquisition of ownership, nor must the buyer prove that he or she is, in fact, engaged in agricultural production. Serbian law excludes the possibility of foreign persons or legal entities acquiring ownership of agricultural land. According to the Stabilisation and Association Agreement concluded with the European Union, it was expected that Serbia would gradually enable natural persons and legal entities from the member states of the EU to acquire ownership of agricultural land by no later than 1 September 2017 when the four-year period for the implementation of this obligation expired. Seemingly, in order to fulfil the obligation, the Serbian National Assembly amended the Law on Agricultural Land in August 2017. The amendments explicitly regulate under which conditions natural persons and legal entities from the EU may acquire ownership of agricultural land. However, even a superficial reading of the new regulation reveals that the opposite effect has been achieved. Instead of enabling natural persons and legal entities from the EU to obtain ownership of agricultural land on equal footing with domestic natural persons and legal entities, the legislature created a set of special conditions applicable only to the former but not to the latter. Moreover, the conditions are so strict that no legal entity could meet them, while natural persons only hypothetically could, if at all. Therefore, it seems that the 2017 amendments to the Law on Agricultural Land hardly aimed to implement the Stabilisation and Association Agreement.

scholarly journals LEGAL PROTECTION OF GEOGRAPHICAL INDICATIONS: NOVELTIES UNDER THE LEGISLATION OF UKRAINE

2020 ◽  
Author(s):  
Анатолій Кодинець ◽  
Анастасія Сідоренко
Keyword(s):  
Intellectual Property ◽  
Legal Protection ◽  
Geographical Indications ◽  
Geographical Indication ◽  
The European Union ◽  
Industrial Property ◽  
Association Agreement ◽  
The Law ◽  
Indication Of Origin ◽  
The Eu

The article deals with the features of legal protection of geographical indications in Ukraine. The basic international acts protecting geographical indications in Ukraine are outlined, including the Paris Convention for the Protection of Industrial Property of 1883, the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994. (TRIPS Agreement), which operates within the framework of the World Trade Organization and extends to goods originating in the Parties to the Agreement, Madrid Agreement 1891. and the Lisbon Agreement on the Protection of Designations of Origin and their  International Registration in 1958, (Ukraine is not a party to the last two agreements). It also outlines the main national legal acts that protect this object of intellectual property, including the Civil Code of Ukraine, the Law of Ukraine «On the Legal Protection of GeographicalIndications», the Law of Ukraine «On Protection against Unfair Competition» and others. The purpose of the study is to analyze changes in the legislation on the legal protection of geographical indications, which came into force on January 1, 2020 andbecame one of the ways to adapt the acts of national legislation to the law of the European Union in accordance with the commitments made by Ukraine after signing theAssociation Agreement with EU. These include changing the name of a special law that protects geographical indications. In addition, the change in terminology, the replacement of the term «indication of origin of goods» and its components by the term «geographical indication». The new also provides legal protection with homonymousgeographical indications; submitting an application for a geographical indication in electronic form, and at the same time providing a product specification and a description of its basic provisions. The article also addresses issues that remain unresolved, a large number of European geographical indications protected under the EU Association  Agreement and a very small number of registered geographical indications originating from the territory of Ukraine and the prospects of protecting national geographical indications in Ukraine and beyond.

scholarly journals Possibilities of biodiversity conservation in agricultural fields

2014 ◽  
pp. 39-45
Author(s):  
Ibolya Csíder
Keyword(s):  
European Union ◽  
Agricultural Production ◽  
Agricultural Land ◽  
Biodiversity Loss ◽  
Agricultural Fields ◽  
Conservation Practices ◽  
The European Union ◽  
Protected Species ◽  
The World ◽  
The Eu

The biodiversity loss is one of the biggest environmental problems in the world. The objective of this paper is to present some nature conservation practices on agricultural land. Farmlands play a significant role to preserve biodiversity because some highly protected species can only find their needs on agricultural land. The Biodiversity Strategy of the European Union (2010-2020) creates new directives to reduce biodiversity loss, preserve and improve diversity, especially on agricultural land. Furthermore the importance of this subject is that the share of farmland in Hungary is much higher (57%) than in the EU-27 on average (42%). The loss of agricultural land and the increase of land abandonment cause intensification of agricultural production leading to the loss of biodiversity.

scholarly journals Assessment of the agricultural activity in the EU-27 countries

2014 ◽  
Vol 36 (3) ◽  
pp. 653-662
Author(s):  
Vaida Šapolaitė
Keyword(s):  
Agricultural Production ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Farm Income ◽  
Agricultural Activity ◽  
Land Resources ◽  
The European Union ◽  
Intermediate Consumption ◽  
Agricultural Census ◽  
The Eu

The rational use of land, capital and labor determine the growth of economic efficiency of agricultural production and income of farmers together. The aim is to estimate the use of production resources in the EU-27 agricultural sector, using macro-economic indicators. The analysis and assessment of the use of land resources in agriculture have been conducted on the basis of data on economic accounts for agriculture and agricultural census to describe agricultural production intensity by type of farming and its impact on farm income. This paper examines the use of land resources in agriculture, measured by using relative indicators of agricultural output, intermediate consumption per hectare of agricultural land, the revenue per average employee and the comparative analysis these indicators in the farms of the European Union (EU) is presented.

scholarly journals Legal and politological aspects of competition in Bosnia and Herzegovina as a paradigm of the European integration process

2020 ◽  
Vol 1 (14) ◽  
pp. 55-68
Author(s):  
Kanita Imamović-Čizmić ◽  
Samir Sabljica
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Market Competition ◽  
Regulatory Body ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Legal Standards ◽  
The Law ◽  
The Eu

As a country in transition and development, committed to the path towards membership in the European Union, Bosnia and Herzegovina encounters many challenges and obstacles in terms of fulfilling the tasks set before it. Quite complicated governmental and legal arrangement determines the pace of achieving the tasks that are prerequisites for the European Union membership status. By signing the Stabilisation and Association Agreement, Bosnia and Herzegovina assumed the obligation to gradually harmonise the national legislation with the EU legislation in the most important areas related to the internal market. In this context, one of highly important ones is the area of competition law. This paper analyses the quality of solutions provided by the normative and institutional framework of the market competition protection in Bosnia and Herzegovina by using the normative, historical, comparative, and content analysis methods. Basic features of the Stabilisation and Association Agreement between Bosnia and Herzegovina and the EU are presented through a chronological summary of the integration process of BiH into the EU. The primary hypothesis of the paper is that recent legal solutions in the area of competition do not follow the current legal standards of the competition regulations in the EU. Analytical overview of annual reports on the operation of the Council of Competition as regulatory body in Bosnia and Herzegovina shows that competition is a typical example of the ‘crawling’ integration of Bosnia and Herzegovina to the EU. It is quite obvious that the lack of political will of the ruling structures slows the integration processes down. This area requires an efficient enforcement of competition regulations whose implementation enables the companies to act in line with the law. Without adequate and prompt amending of the Law on Competition and related by-laws there can be no positive evaluation of the European Commission concerning the progress of Bosnia and Herzegovina.   

scholarly journals THE LAW OF THE EUROPEAN UNION AND THE LEGAL ORDER OF UKRAINE: MECHANISM OF INTERACTION

2016 ◽  
Vol 1 (127) ◽  
pp. 68-78
Author(s):  
Victor Muraviov
Keyword(s):  
European Union ◽  
Legal Order ◽  
National Standards ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
The Law ◽  
Legal Mechanism ◽  
The Eu

The signing of the Association Agreement by Ukraine with the European Union and its member-states provides for the country a perspective of its integration in the Union with possible membership in it upon the creation of the free trade area between both partners. The realization of the Association Agreement is carried out on the international and national levels and is exercised by various means-accessions by Ukraine to international treaties, making national laws consistent with legal acts of EU institutions, recognition by Ukraine of national standards of EU Member States, mutual recognition of rules of the other side etc. The effective using of implementation legal tools requires from Ukraine establishing the proper and relevant legal background. Certain prerequisites for the application of the EU law into the Ukrainian legal framework have been existed. Nevertheless, they require be improving and reforming. The legal mechanism for implementing acts of association is still unsettled. It is related to the Council and the Committee of the association decisions. The corresponding mechanism in Ukraine has not been set up. It has the same concern with the European standards. Ukraine has to transpose the array of technical regulations as national standards with the conformity with EU legislation. However, it is not clear how this will be achieved. The article is focused on the analysis of the legal bases of the interaction of the European Union law and the Law of Ukraine. Specially elucidated the questions of the correlation of the EU law and the law of Ukraine, as well as the actual means of the implementation of the EU law in the legal order of Ukraine. The ways of the improvement of the legal mechanism of the realization of the EU law in the internal legal order of Ukraine are determined. There is emphasized that integration of Ukraine into the European Union will require important amendments into Ukrainian Constitution and other national legislation to provide the legal prerequisites for the realization of the EU law in the internal legal order of Ukraine. Special attention is paid to the means of implementation of international legal obligations in Ukraine.

scholarly journals Land Consolidation in Slovakia

2018 ◽  
Vol 7 (2) ◽  
pp. 20-23
Author(s):  
Jarmila Lazíková ◽  
Zuzana Lazíková
Keyword(s):  
Agricultural Land ◽  
Slovak Republic ◽  
Land Consolidation ◽  
Land Market ◽  
The European Union ◽  
Land Relations ◽  
The Law ◽  
Private Investors ◽  
Ownership Rights ◽  
The Eu

AbstractLand consolidation in the Slovak Republic is an important legal institute for fragmented agricultural land, which makes it difficult not only for the agricultural land market but also for the rational and efficient use of agricultural land. The necessity of land consolidation was already realized by the peasants in Slovakia at the beginning of the 20th century, when they voluntarily began to exchange the land. The law maker in Slovakia, however, did not realize the need for the arrangement of land relations until the year 1989, when the Law No. 229/1991 Coll. on the regulation of ownership relations to land and other agricultural property and Law No. 330/1991 Coll. on land arrangements, settlement of land ownership rights, district land offices, the Land Fund and land associations as amended were adopted. Moreover, land consolidation also addresses the development of the countryside and, last but not least, increases rural attractiveness for the inhabitants themselves. Rural development also belongs to the priorities of the EU. Thus, the implementation of the land consolidation projects is not only a wish of the owners or private investors, but also one of the ways to realize the goals of Slovakia and even of the European Union.

DEVELOPMENT TRENDS AND PROSPECTS OF ECONOMIC AND TRADE COOPERATION BETWEEN CHINA AND UKRAINE

2018 ◽  
Vol 2018 (6) ◽  
pp. 3-12
Author(s):  
Zhang DONGYANG ◽  
Keyword(s):  
Free Trade ◽  
Bilateral Trade ◽  
The United States ◽  
Economic Cooperation ◽  
Free Trade Zone ◽  
Asia Pacific ◽  
Economic Downturn ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The status and prospects of development of trade and economic relations between Ukraine and China are considered. It is proved that bilateral cooperation in the trade and economic sphere has made significant progress. In 2012–2017, China was the second largest trading partner of Ukraine after Russia. However, the problem of imbalance in imports and exports between Ukraine and China has not yet been resolved. In addition, the scale and number of projects in which Ukraine attracts Chinese investment is much less than investments from European countries and the United States. It is justified that trade and economic cooperation between Ukraine and China is at a new historical stage. On the one hand, Ukraine signed the Association Agreement with the European Union, and on January 1, 2016, the rules of the free trade zone between Ukraine and the EU entered into force. This helps to accelerate the integration of Ukrainian economy into European one. On the other hand, the global economic downturn requires the introduction of innovations in the model of cooperation. The Chinese initiative “One belt is one way” is one of the variants of the innovation model of cooperation. Its significance is to unite the Asia-Pacific region with the EU in order to join the Eurasian Economic Union, create a new space and opportunities for development and achieve prosperity with the Eurasian countries. All this forms unprecedented opportunities for development of bilateral economic and trade relations. It seems that to fully open the potential of Ukrainian economy and expand bilateral trade and economic cooperation, it is necessary to take into account such proposals as the establishment of the Sino-Ukrainian industrial park, the promotion of cooperation in the field of electronic commerce, the formation of the Sino-Ukrainian free trade zone and enhanced interaction within multilateral mechanisms (for example, the Shanghai Cooperation Organization and the interaction of China and the countries of Central and Eastern Europe in the 16 + 1 format).

Las funciones del interregionalismo en la relación UE-CAN

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres
Keyword(s):  
European Union ◽  
Present Article ◽  
The Political ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Political Rationality ◽  
Article Analysis ◽  
Andean Community ◽  
The Eu

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

scholarly journals Economic and financial position of agricultural enterprises in the period before the accession to the European Union

2012 ◽  
Vol 50 (No. 11) ◽  
pp. 486-494
Author(s):  
Z. Chrastinová
Keyword(s):  
European Union ◽  
Agricultural Sector ◽  
Agricultural Land ◽  
Agricultural Products ◽  
Cold Weather ◽  
Business Success ◽  
Agricultural Cooperatives ◽  
The European Union ◽  
Adverse Weather ◽  
Legal Entities

In the year before the accession to the European Union, the Slovak agricultural sector reported a loss of SKK 2.4 billion and following a profitable year, the earnings were reduced by SKK 2.8 billion. The situation was caused by a number of reasons, namely reduced sales of agricultural products, damage resulting from adverse weather effects (cold weather, hail, drought and  swine fever), as well as widening of the price gap compared to the year before (increasing input prices in agriculture and decreasing purchase prices of agricultural products, especially in livestock production). Legal entities and natural persons experienced mixed business success. While 51% of legal entities made profit, the figure rose to 76% in the group of natural persons. Both the agricultural cooperatives and trading companies performed with a loss. The loss per hectare of agricultural land (a.l.) was substantially lower in the case of business companies. Natural persons - private farmers were profitable over the period. The gap between the profitable and loss-making enterprises has widened. Some 60% of profitable enterprises owned by legal entities made only a small profit below SKK 0.5 million. The loss-making performance was typical for more productive areas of Slovakia. This was related to stronger effects of adverse climate in 2003.

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