Z prawnej problematyki gospodarowania na dzierżawionych gruntach rolnych

Abstract

The purpose of the paper was to answer the question whether the legal regulations ensure an agricultural producer (lessee) sufficient stability in terms of farming, namely in terms of running a stable agricultural activity. According to the author of this article, this stability consists of two elements: ensuring the agricultural producer continuity of possession and enjoyment of the profits as well as guaranteeing manufacturing capacity of the subject of the agricultural lease. The article presents, among other things, the assessment of the influence of legal solutions included in Act of 16 September 2011 on changing Act on the management of agricultural property of the State Treasury on stability of the agricultural lease. It also analyzes questions relating to lease of private land and lease of land from the units of local governments. Moreover, the article focuses on the instruments protecting the manufacturing capacity of the subject of the lease, including EU regulations that make the obtaining of financial support subject to meeting numerous requirements concerning the treatments and maintaining good agricultural condition. The article also concentrates on the issues of amendments and improvements. In the final part of the article the author has stated that research has confirmed that the legal regulations do not protect farming on leased agricultural land in a sufficient way. The current legal regulations on agricultural land lease do not correspond to the requirements of present situation in Poland. Therefore, de lege ferenda proposal has been put forward to change the provisions relating to the agricultural land lease.