http://hdl.handle.net/11320/3093 2026-06-01T07:28:30Z http://hdl.handle.net/11320/3318 Tytuł: Krajowy system ewidencji producentów rolnych po wyroku Trybunału Konstytucyjnego z dnia 3 grudnia 2013 roku (sygn. akt P 40/12) Autorzy: Litwiniuk, Przemysław Abstrakt: On January 1, 2015 the Law of 23 October, 2014 comes into force amending the Act on the national system of records of producers, of homesteads and of applications for payments. The amendment to the Act is the corollary of the decision of the Constitutional Court of 3 December 2013, (Ref. No. P 40/12), in which, after examining the issue of the legal question presented in the High Administrative Court, on the regulation of Art. 12 paragraph. 4 of the Act, the Court held that this provision to the extent that does not provide for the admissibility of individual identification numbers given to each of the spouses in a situation where there is division of marital property and they own separate farms, is at variance with Art. 32 paragraph. 1 in conjunction with Art. 18 of the Constitution. This article is an attempt to evaluate the effectiveness of the implementation by the legislator of the guidelines made by the Constitutional Court in support of the decision in the light of the threat, under the new legal framework, of creating by the spouses artificial conditions for obtaining public assistance. 2014-01-01T00:00:00Z http://hdl.handle.net/11320/3317 Tytuł: Z prawnej problematyki klonowania zwierząt oraz produkcji żywności Autorzy: Leśkiewicz, Katarzyna; Lipińska, Izabela Abstrakt: The article reviews the legal approach and the existing legislative framework and the actual practices of farm animal cloning regulation within and outside the European Union. It aims to evaluate the possible results proposed in two schemes of Directive no 892 and 893 in the scope of food safety, human health, and as well as animal welfare. The comparative analysis is based on the regulatory frameworks adopted in US. No binding legal instrument on animal cloning has been introduced in the EU. The proposed directives feature a certain amount of uncertainty and possible gaps, such as cloning food traceability. 2014-01-01T00:00:00Z http://hdl.handle.net/11320/3316 Tytuł: Przetarg ograniczony przy sprzedaży gruntów z Zasobu Własności Rolnej Skarbu Państwa a wsparcie gospodarstw rodzinnych (wybrane zagadnienia) Autorzy: Michałowski, Rafał Abstrakt: One of the main directions of activities conducted by the Agricultural Property Agency is to support agricultural farms. The most significant manifestation of such activities, aimed at supporting this objective, is the sale of land from the Agricultural Property Stock of the State Treasury to individual farmers who wish to enlarge their family farms, under a restricted tender procedure. Although the Act on the Management of the Agricultural Property Stock of the State Treasury also provides for other categories of entities – i.e. other potential participants of such restricted tenders, the procedures aimed at individual farmers are of the greatest importance in the Agency’s activities in this field. However, it should be noted that the statutory regulation concerning tenders for the sale of land with a view to supporting family farms is not complete and does not provide for any legal instruments designed not only to ensure that the land will be acquired by persons with adequate qualifications, but also that such land will be used by the purchaser for the conduct of agricultural activity. Therefore, the Agency introduces appropriate clauses into agreements with such purchasers in order to ensure that agricultural activity is conducted on the land acquired by them. However, the acceptability of such clauses may raise reasonable doubts. 2014-01-01T00:00:00Z http://hdl.handle.net/11320/3315 Tytuł: Spółdzielnie socjalne prowadzące działalność rolniczą – wybrane problemy prawne Autorzy: Suchoń, Aneta Abstrakt: The purpose of the article is, first of all, to evaluate the rules concerning an agricultural activity run by social cooperatives and, secondly, to identify legal issues associated with setting up and running an activity by these entities, and to make an attempt to solve these problems. The first part of the article focuses on setting up a cooperative and on its members, especially people with disabilities, farmers and household members with the status of the unemployed. It presents some selected court decisions. Then, the paper discusses the issue of running an agricultural activity by social cooperatives. It raises the question of land contributions and tries to determine whether social cooperatives running an agricultural activity can be regarded as agricultural production cooperatives. This classification is important in terms of exercising the right of preemption in the event of sales of a land contribution or leased agricultural lands. Then, the paper focuses on the issue of de minimis aid and de minimis aid in agriculture. In conclusion, the author puts forward de lege ferenda proposals concerning preemption right in respect of a social cooperative. She also calls for the introduction of other legal instruments supporting the entity in question, e.g. greater opportunities to enlarge farms by the acquisition or lease of lands from the Agricultural Property Agency. 2014-01-01T00:00:00Z