TRENDS OF LEGAL REGULATION OF FOREIGNERS’ACCESS TO THE MARKET OF AGRICULTURAL LAND IN THE COUNTRIES OF CENTRAL EUROPE
Abstract
TRENDS OF LEGAL REGULATION OF FOREIGNERS’ACCESS
TO THE MARKET OF AGRICULTURAL LAND
IN THE COUNTRIES OF CENTRAL EUROPE
O.V. Zubrytskyi
Abstract. The article examines the legal regulation of the acquisition of ownership of agricultural land by foreign persons in the countries of Central Europe based on the experience of Poland, Hungary and Slovakia. The analysis of legislative requirements to buyers of the land plots and legal restrictions which impede for foreigners an opportunity to purchase agricultural lands is carried out. The compliance of the provisions of the legislation of mentioned countries with the requirements of the European Commission for bringing national legislation in line with the European principles is analyzed. The latest legislative changes and proposals of the European Parliament have been examined with a view to improve thenational legislation by the EU Member States regarding the creation of equal conditions for individuals and legal entities to engage in agriculture in any Member State. The conclusion about the expediency of applying mechanisms for granting access to foreigners to the market of agricultural land in Ukraine is madeand as well as assessing of trends in the national legislation of the countries of the Central Europe in the context of this research.
Key words: turnover of agricultural land, acquisition of property rights, restriction of land turnover, land market, comparative legal aspect.
References
References
Press release. Financial services: Commission requests Bulgaria, Hungary, Latvia, Lithuania and Slovakia to comply with EU rules on the acquisition of agriculturall and. Available at: http://europa.eu/rapid/press-release_IP-16-1827_en.htm.
Maśniak J. (2016). Interventionism on the Agricultural Land Market – a Critical Analysis. Acta Sientiarum Polonorum. Oeconomia, 15, p. 45–54.
Kulynych P.F. (2016). Rynok ta okhorona silskohospodarskykh zemel u yevropeiskomu zakonodavstvi. Dosvid Polshchi [Market and safety of agricultural land in European legislation. Polishexperience]. Project “Support of reforms in agriculture and land relations in Ukraine. Availableat: http://www.kse.org.ua/uk/research-policy/land/analytical/?newsid=1704.
Churylova T.M. (2016). Reguliuvannia rynku zemel silskohospodarskoho pryznachennia: dosvid Polshchi [Regulation of agriculturall and market: Polishexperience]. Сhronicles of Kyiv University of Law, 3, 304-308.
Swinnen J. (2014). Review of the Transitional Restrictions Maintained by New Member Stateson the Acquisition of Agricultural Real Estate. Final Report. Centre for European Policy Studies (CEPS). Available at: http://ec.europa.eu/internal_market/capital/docs/study_en.pdf.
Lambert S. (2016). The Land Law. Availbleat: https://theorangefiles.hu/land-law/.
Lazíkova J. (2015). New Rules for Acquisition of Agricultural Land – Case of Slovakia. EU Agrarian Law, Vol. IV, Issue 1, 18–27.
European Parliament resolution of 27 April 2017 on the state of play of farmland concentration in the EU: how to facilitate the access to land for farmers (2016/2141(INI). Available at: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P8-TA-2017-0197&format=XML&language=EN
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