LEGAL PROBLEMS OF RENEWAL OF AGRICULTURAL LAND LEASE AGREEMENT

2019 ◽  
Vol 4 ◽  
pp. 217-221
Author(s):  
T.M. Churylova ◽  
◽  
O.V. Rudenko ◽  
Keyword(s):  
Agricultural Land ◽  
Legal Problems ◽  
Lease Agreement

Ustawowe i umowne prawo pierwokupu przysługujące dzierżawcy nieruchomości rolnych – wybrane problemy prawne

2021 ◽  
pp. 375-394
Author(s):  
Aneta Suchoń
Keyword(s):  
Real Estate ◽  
Agricultural Land ◽  
Third Party ◽  
Agricultural System ◽  
Business Activity ◽  
Legal Regulations ◽  
Legal Problems ◽  
Agricultural Support ◽  
The Right ◽  
In The Beginning

The article aimed to determine whether the legal regulations in the field of the statutory and contractual pre-emption right of a tenant of agricultural real estate provide adequate protection to dependent owners in terms of the possibility of acquiring such land and conducting business activity on it. Secondly, the paper indicated legal problems related to statutory and contractual pre-emption right of a tenant of agricultural real estate and suggested how those problems could be handled. In the beginning, the considerations focused on the statutory pre-emption right for agricultural real estate. It referred to a subjective and objective scope of the right in question, and an attempt was made to determine whether the leased land can be sold to a third party due to the obligation to run a farm in person (only the sale contract allows for exercising the pre-emptive right). Failure to perform the indicated obligations might result in the case being referred to the court by the National Center for Agricultural Support. The second part of the article discussed the contractual pre-emption right for agricultural real estate. The author pointed out the possible concurrence of the statutory pre-emption right of the National Support Centre for Agriculture and the contractual pre-emption right of the lessee. The paper also referred to the problems related to implementing this right due to the requirements that the buyer must meet. In summary, the author, among other things, pointed out the fact that the importance of the statutory pre-emption right of the tenant of agricultural real estate had been diminishing over the years. The position of the lessee of agricultural land in terms of purchasing agricultural land is weakening. Currently, in practice, tenants may rarely use the pre-emption right. The author proposed the introduction of a provision to the Act on Shaping the Agricultural System on an additional consent of the National Support Centre for Agriculture for the sale of real estate under a lease.

scholarly journals Notary Role In Agricultural Land Rent Agreement In The Village Of Tungu Godong District Of Grobogan

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 135
Author(s):  
Ani Hilyani Hilyani ◽  
Aryani Witasari
Keyword(s):  
Agricultural Land ◽  
Line Of Sight ◽  
Land Rent ◽  
Crop Failure ◽  
Positive Law ◽  
The People ◽  
The Village ◽  
Lease Agreement

The purpose of this research are: 1) To determine the role of the Notary in the implementation of the agreement rented farmland in the village of Tungu Godong District of Grobogan. 2) To know the rental renting Agricultural Land In the village Tungu Godong District of Grobogan. 3) To know the constraints in the implementation of the lease meyewa farmland and the solution of these constraints. The method in this research sociological juridical This study is based on positive law in Indonesia and is based on existing practices in the community. So paties directly relate to both parties, including the people who do agricultural land lease agreement.Based on the analysis of this study concluded that the role of the Notary in the lease agreement of agricultural land is the agreement made before a Notary with the deed of lease agreement, the lease which is carried out in the village Tungu done by those who do the lease agreement in line of sight crushing price to be agreed , if it is agreed the lease agreement was publishes an agreement in the agreement, such as a lease, the lease payments. The obstacles in the process of leasing such as crop failure, it is also common pests and the solution of these problems are minimized losses by means of land rent farmers cultivating land in addition to the main cropping namely rice, do matcher other crops such as corn.Keywords: Role of the Notary; Rent Agreement; Land of Agriculture.

scholarly journals The Legal Problems of Functioning of the Agrarian Clusters in the Conditions of Opening of the Land Market in Ukraine

2020 ◽  
pp. 110-118
Author(s):  
Anna MISINKEVYCH
Keyword(s):  
Agricultural Land ◽  
Local Level ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Issue ◽  
Land Market ◽  
Industrial Complex ◽  
Legal Problems ◽  
The Government ◽  
Scientific Doctrine

It is devoted to the study of the legal nature of the «agrarian cluster» as a new business entity in the agro-industrial complex of Ukraine in the conditions of opening the land market and decentralization of agricultural lands. The scholar examines the decree of the President of Ukraine and the resolution of the Cabinet of Ministers of Ukraine, which allow territorial communities to dispose of agricultural land at the local level and thus develop agricultural business at the regional level in terms of «agricultural cluster». The author analyzes the legislative support for the activities of «agricultural clusters» in our country through the prism of land law, agricultural law, commercial law and the provisions of scientific doctrine. The main programs of the Government of Ukraine for the last ten years, which were related to the development of the cluster movement in the country, are studied. The legal definition of «agrarian cluster» is studied through the prism of scientific doctrine and foreign experience and the author’s interpretation of this legal institution is offered, which must be included in our current agrarian and commercial legislation. In addition, the author reveals the fundamental legal problems that exist in law on the legal regulation of «agricultural clusters in Ukraine and offered to take a special legal act that would regulate the relationship of these agricultural and amend the commercial legislation. The scientist emphasizes in the article the need to develop and adopt a special state and legal program at the legislative level, which will provide financial, legal, economic, investment and organizational conditions for the creation and operation of «agricultural clusters» in the country and attract foreign investors. Moreover, in the scientific work analyzing the current land legislation and proposes to resolve the legal issue of ownership and use of agricultural land for commercial agriculture «agricultural clusters in the functioning of the land market in subsequent years in Ukraine.

scholarly journals Notary Role in Making The Farmland Rental Agreement and Sharing Agricultural Land Effort in The District of Mojolaban Sukoharjo

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 529
Author(s):  
Yuniarto Prasetyo Aji ◽  
Lathifah Hanim
Keyword(s):  
Agricultural Land ◽  
Revenue Sharing ◽  
Agricultural Crops ◽  
Legal Entity ◽  
Farmer Groups ◽  
Changing Times ◽  
The Impact ◽  
Lease Agreement

Indonesian agricultural is in changing times in this era, the potential is still carrying out the manufacture of leases of agricultural land and businesses for agricultural crops is still supported by extensive farmland and irrigation as well as the notary's role in the making of a legal entity farmer groups. The purpose of research is to know and analyze the role of the notary in the manufacture of leases of agricultural land and land revenue sharing farming business. Identify and analyze the impact of what happens if there is a dispute in the lease agreement of agricultural land and businesses for agricultural land in the district of Mojolaban Sukoharjo. The result in this research has been done on the role of the notary in the manufacture of leases farmland and effort for the results of agricultural land, agricultural land lease do-written by hand while sharing agreements of farmland and new notaries role in the making a legal entity that is useful to the farmer groups laden capital receipts of the central government.Keywords: Role of the Notary; Rental Agreement; Profit and Sharing Agreement.

scholarly journals Some aspects of realization of the peasants land right

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Hafurova Olena ◽  
◽  
Marchenko Svitlana ◽  
Keyword(s):  
Legal Status ◽  
Agricultural Land ◽  
Sustainable Use ◽  
Land Rights ◽  
Agricultural Labor ◽  
Agricultural Producers ◽  
Agricultural Cooperative ◽  
Legal Problems ◽  
Land Circulation ◽  
The Right

The article examines the legal problems of peasants realization of constitutional land right, which is proclaimed at the international level. The land right is the right of peasants to access to the land plot with natural resources located on it, their sustainable use and management in order to achieve a sufficient standard of living, creating a place to live in security, peace, dignity and developing their culture. Based on the analysis of the legislation on land circulation and the legal status of agricultural producers, some legal problems in the field of realization of the peasants land rights have been identified. The analysis of national land and agricultural legislation showed that it does not considered enough the legal nature of agricultural cooperation, the peculiarities of agricultural labor and rural life. The directions of improvement of the agrarian and land legislation in the field of realization of the peasants land rights are offered. Keywords: access to land, agricultural land, peasants land rights, realization of the land rights, agricultural cooperative, producers of agricultural products, land circulation

scholarly journals Legal problems of the land code applying in Russian Federation

2020 ◽  
Vol 208 ◽  
pp. 06005
Author(s):  
Oksana Trotsenko ◽  
Irina Soshnikova ◽  
Yaroslav Semenov
Keyword(s):  
Russian Federation ◽  
Land Reform ◽  
Agricultural Land ◽  
State Ownership ◽  
Federal Law ◽  
Present Stage ◽  
Legal Problems ◽  
Federal Laws ◽  
Ownership Of Land ◽  
Land Code

The most important step at the present stage of land reform was the adoption of such basic legislative acts as the Land Code of Russian Federation, the Federal Law “On the Delimitation of State Ownership of Land”, the Federal Law “On the Turnover of Agricultural Land”, the Federal Law “On the transfer of land or land plots from one category to another”, as well as the adoption of other regulatory legal acts in compliance with the specified federal laws. This caused a consistent continuation of the land reform, but no radical shifts in its implementation took place, and, therefore, new amendments are required to the current legislation.

scholarly journals Prospects of Agricultural Land Use Formation in the Conditions of Introduction of Agricultural Land Market in Ukraine

2021 ◽  
Author(s):  
H. Kolisnyk ◽  
◽  
I. Trokhymenko
Keyword(s):  
Land Use ◽  
Financial Stability ◽  
Agricultural Land ◽  
Private Property ◽  
Regulatory Framework ◽  
Land Consolidation ◽  
Land Market ◽  
Agricultural Land Use ◽  
Factors Influencing ◽  
Lease Agreement

The evolution of agricultural land use development in Ukraine has been studied. The main factors influencing the land market on the formation of agricultural land use are identified, they include: the number of potential buyers (land users) and sellers, the expiration of the lease agreement, the structure of the land bank of the agricultural enterprise (lease, ownership), land consolidation based on land purchase and sale . The article, based on the example of Narizhanska village council of Poltava region, established that only 30 percent of landowners will be able to sell their land plots in the first 2 years due to the expiring lease agreement. The authors study the factors influencing the efficiency of agricultural land use in the land market, the main ones are: disruption of crop rotation, excessive agricultural development and plowing, low rents and competition of land users, a small number of small land uses with poor financial stability, destructive changes -climatic conditions, lack of effective tools for termination of lease agreements, lack, to a large extent, of information on territorial restrictions in the State Land Cadastre and more. The article proposes to make proposals to the regulatory framework in terms of the possibility of one-time termination or re-conclusion of lease agreements due to changes in significant conditions (turnover of agricultural land), which will intensify the sale process, increase investment attractiveness of agricultural land use by increasing the portfolio private property, land consolidation, simplification of the land exchange process, involvement of a larger share of credit and financial institutions in the formation of land use, as well as positively affect the welfare of landowners (shares) and more. The article proposes to ensure the formation of sustainable land use by improving the regulatory framework, ensuring an environmentally friendly structure of sown areas primarily through strengthening the role of landowners, increasing the share of small or medium agricultural land use.

scholarly journals CURRENT PROBLEMS OF AGRICULTURAL LAND RENTAL

2021 ◽  
Vol 05 (03) ◽  
pp. 76
Author(s):  
Olga Kokhan Olga Kokhan
Keyword(s):  
Agricultural Land ◽  
The State ◽  
Land Market ◽  
Standard Contract ◽  
Land Rental ◽  
Land Relations ◽  
Lease Agreement ◽  
Tenant Relationship

The article highlights one of the current problems in land relations. With the opening of the land market, this problem has become even more relevant, as the owner of the land today in the person of the landlord - is a subject not protected by the state. Some of the most important aspects of the landlord-tenant relationship will be covered in the next article. Keywords: standard contract, lease agreement, landlord, tenant, rights of the landlord, obligations of the tenant.

scholarly journals Mediation and termination of the lease agreement of the land share in case of its allocation in kind on the ground

2020 ◽  
pp. 333-337
Author(s):  
Diana Busuiok
Keyword(s):  
Supreme Court ◽  
Agricultural Land ◽  
State Committee ◽  
Legal Regulation ◽  
The State ◽  
Land Disputes ◽  
The Supreme Court ◽  
The Law ◽  
The Right ◽  
Lease Agreement

The article states that the legal regulation of land turnover requires their individualization. Therefore, in practice there is allocationof land shares (units) in kind on the ground. In this regard, the question still arises as to what happens to the land lease agreementin the case of allocation of land share - is it subject to termination or re-conclusion?It is noted that such disputes should be resolved not only in court, but also out of court – the order of mediation. Mediation shouldnot only take into account the interests of the parties to the land dispute and their needs, but also rely on current legislation on the issueand the practice of resolving such disputes by the Supreme Court. There is a need to determine the legislation on this issue and possibleapproaches to resolving such disputes through mediation.Determinants in the introduction of land share are the Decree of the President of Ukraine “On urgent measures to accelerate landreform in the field of agricultural production” of November 10, 1994 № 666/94 and the Decree of the President of Ukraine “On thedist ribution of land transferred to collective ownership of agricultural enterprises and organizations” of August 8, 1995 № 720 / 95.Despite the generally accepted fact in the theory of law that the object of turnover can only be individually identified property inthe transitional provisions of the Law of Ukraine “Land Lease” of October 6, 1998 № 161-XIV contains provisions according to whichcitizens – holders of certificates for the right to land share before allocating them in kind (on the ground) land have the right to enterinto lease agreements for agricultural land, the location of which is determined taking into account the requirements of rational orga -nization territory and compactness of land use, in accordance with these certificates in compliance with the Law of Ukraine “LandLease”.After allocating land in kind (on the ground) to the owners of land shares (units), the land lease agreement is renegotiated inaccordance with the state act on land ownership on the same terms as previously concluded, and may be changed only by agreementof the parties. Termination of the lease agreement is allowed only in cases specified by the Law of Ukraine “Land Lease”.The list of grounds for termination of the land lease agreement is not exhaustive. Cases of termination of the land lease agreement(share) may be provided by another law. However, the allocation of land on the basis of land share in kind on the ground as a basis fortermination of obligations of the parties is not provided by law, but in the order of the State Committee of Ukraine for Land Resources“Approval of the Standard Lease Agreement share” dated January 17, 2000 № 5.This inconsistency between these two acts, so different in their legal force, in practice leads to disputes over the grounds for terminationof the lease of land share in the event of its allocation.In this regard, in the Resolution of the Grand Chamber of the Supreme Court of September 1, 2020, case № 233/3676/19, a correspondingposition was expressed.Examining the above acts, we identified certain shortcomings in determining the grounds for termination of the lease of land(shares). Such uncertainty provokes land disputes. In order to improve the legal regulation of leased land relations, it is necessary to harmonize the legal requirements of differentlegal acts and enshrine in the Law of Ukraine “Land Lease” such grounds for termination of land lease as the allocation of land sharein kind on the ground.In order to effectively mediate land disputes, this inconsistency should be kept in mind in the following cases:1) when conducting contractual mediation, which will consist in concluding a land lease agreement (share) and agreeing on thegrounds for termination of this agreement. Such mediation will be aimed at preventing disputes over the grounds for termination ofsuch an agreement in the future;2) during the mediation of a dispute regarding the termination of the land lease agreement (share) in the case of its allocation inkind on the ground.

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