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The de minimis assistance in agriculture is a relatively new issue in the Polish agricultural law. It is connected with the introduction of EU principles of financial support for this sector of the Polish economy. The aim of these considerations was to present an attempt at a possibly comprehensive approach to problems connected with de minimis assistance in agriculture and to clarify doubts found in practice. In conclusion the author states among other things that EU regulations very generally define de minimis assistance, which sometimes causes problems with its interpretation, but creates a chance for the prompt introduction of new forms of assistance by individual member countries, taking into consideration current needs of agricultural producers. Certain legal acts expressis verbis define a given assistance as de minimis, while other disregard this issue. In practice many problems are caused by the individual premises for the granting of a specific type of this assistance. These considerations are concluded with an attempt at a classification of de minimis assistance in agriculture.
A question is posed whether the Agricultural Property Agency should be liquidated or restructured. This issue is discussed on the basis of the existing legal regulations and experience, recommending, in conclusion, the latter option. Consequently, three restructuring solutions are offered. The first one, modelled on the French solution SAFER, consists in the transformation of the Agency into an institution whose task would be to shape the turnover and structure of agricultural property. This institution, acting as a group of public companies in a decentralised system, and having a central, or federal structure, would implement the noncommercial mission of the public interest, creating agricultural holdings of desired sizes, or propagating settlements in desired areas. The second model provides for the transformation of the Agency into an entity that would manage the agricultural property of the State Treasury. Such a structure would resemble the Spanish model IRYDA, and would provide for a centralised structure appointed within the structures of the Ministry of Agriculture and Rural Development, and the regional public entities supervised by ministerial territorial agencies. The third model that is worth considering is gradual transformation of the current Agency and resulting from it gradual elimination of the fiduciary role of the State Treasury. If that model is adopted, this process should have been completed before state agricultural property has been fully privatised. At that time the Agricultural Property Agency should be transformed in a state entity with a legal status.
The rapid development of agricultural law as a new branch in the Russian legal system is determined both by the radical transformation of the social and political system in Russia and the creation of new legal foundations for the activity of agricultural producers. This law, due to the characteristics and structure, is defined as a complex specialised branch of law, which forms a comprehensive system of related legal norms regulating agricultural social relations in the sphere of economic activity. Agricultural relations are of considerable social importance, which results in a situation when they become the subject of an independent, separate legal regulation, a special set of different integrated norms and legal institutions. At present the Russian agricultural law has its own legal foundations, which are characterised by a sufficiently broad scope and cover different aspects of activity of agricultural producers under market economy conditions. Legal institutions in agricultural law are unique in character not only due to their subject, but also the contents of objectives of legal regulations. In view of the rapid development of agrarian relations the author defines trends and prospects for further development of agricultural law in Russia as an independent branch within the Russian legal system.
The aim of the paper is to present to the Polish reader the Italian regulations on the legal category of agricultural holding. These regulations might constitute a point of reference for deliberations upon the Polish solutions in this field, particularly with regard to work carried out on the new Polish civil code. The Author analyzes the legal nature of the agricultural production workshop, i.e. its legal qualification as fundus instructus (principal object with belongings) and as an agricultural holding. The Author touches upon the issues of lease and transfer of agricultural holding, the latter in a broader perception. While concluding the paper the Author compares the agricultural holding in Italian law with its concept defined under art. 553 of the Polish civil code. The Author also points at different legal nature of agricultural production units in both legal systems and at varied qualification criteria as agricultural holdings together with different rules on transfer. On this basis the question is raised with regard to the purpose of agricultural holding separation and to the way the agricultural holding is defined in the Polish civil code. The Author gives suggestions on how to solve the matter.
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