Ustawa o kształtowaniu ustroju rolnego – uwagi ogólne

Abstract

The new act on agricultural system was passed on 5 August 2015. It will enter into force on 1 January 2016, thereby repealing the Act on Agricultural System that has been in force since 16 July 2003 and has been repeatedly criticised. Providing the rationality of the legislator’s action, judging by the real and not merely declared need and willingness of factual improvement of not merely the conditions of living in the countryside, but also, most of all, the improvement of still little productively and economically efficient regional structure of premises, it could be expected that there will be new solutions which will effectively implement the aims pointed in article 1 of the act. Unfortunately, the Act of 2015 is mostly based on actions prescribed in the previous regulation in terms of the control of real estate transactions, not introducing any new solutions. The main function is sealing the real estate and counteracting the purchase of agricultural real estates by European Union citizens. The new act on agricultural system should regulate the entirety of agricultural system and be the specific constitution of agricultural activity. Subordinating the act to one aim makes the postulate of entire regulation of the agricultural activity still present. The remarks applied for the previous act of 2003 can be also related to the new regulation, because the basic issues concerning the internal organisation of a premise, the status of particular members and the protection of the premise workers rights were not raised in the act and the improvement of agricultural structure and the reinforcement of the Polish agriculture or introducing solutions which couldprovide Polish farmers honourable existence are raised merely on the margins of main provision of the law. There is no doubt that despite passing the new law on agricultural system there is still lack of modern and comprehensive regulations involving agricultural issues.