O potrzebie zmian niektórych regulacji prawnych w zakresie obrotu i gospodarki gruntami rolnymi (uwagi z praktyki)

Abstract

The purpose of this article is to identify the legal problems concerning agricultural land transactions and management as well as to try to solve these problems, namely to formulate de lege ferenda conclusions. First of all, the discussion focuses on the issues relating to a sub–lease of agricultural land in the context of the pre–emption right and getting the EU financial aid. Next, the paper indicates the problems concerning the pre–emption right that the lessees of municipal land have and the possibility these entities have to use tax preferences to enlarge their farms. Subsequently, the article presents the issue of building works on agricultural land which is part of the farm, especially the works done by individual farmers. The author, presenting the above problems, has tried to put forward de lege ferenda proposals, for instance granting the pre–emption right to a sub–lessee, granting tax preferences to lessees of municipal and private land in the case of enlarging the farms and the freedom to build family farms on agricultural land. In addition, the summary calls for adopting a new act on agricultural lease and for changing the scope of activity of the Agriculture Property Agency.