Law Amending And Supplementing The Law On Ownership And Use Of Agricultural Land

Original Language Title: Закон за изменение и допълнение на Закона за собствеността и ползуването на земеделските земи

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15167/

Name of law Law amending and supplementing the law on ownership and use of agricultural land Name of the Bill a bill amending and supplementing the law on ownership and use of agricultural lands of acceptance Date 11/02/2015 number/year Official Gazette 14/2015 Decree No 23

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on ownership and use of agricultural lands, adopted by HLÌÌI National Assembly on 11 February 2015.

Issued in Sofia on 18 February 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on ownership and use of agricultural land (official SG 17 of 1991; Corr, no. 20 of 1991; amend., 74/1991, no. 18, 28, 46 and 105 of 1992 No. 48 of 1993; Decision No. 12 of the Constitutional Court from 1993 – No. 64 of 1993; amend. , PC. 83 of 1993, PCs. 80 of 1994, PCs. 45 and 57 of 1995; Decisions No 7 and 8 of the Constitutional Court from 1995 – PCs. 59 of 1995; amend., SG. 79 of 1996; Decision No 20 of the Constitutional Court of the 1996 – PCs. 103 of 1996; amend., SG. 104 of 1996; Decision of the Constitutional Court No. 3 of 1997 – PCs. 15 of 1997; amend., SG. 62, 87, 98, 123 and 124 of 1997, PCs. 36, 59, 88 and 133 of 1998, PCs. 68. Since 1999, St. 34 and 106 of 2000 PCs. 28, 47 and 99 of 2002, PCs. 16 of 2003, PCs. 36 and 38 of 2004, PCs. 87. Since 2005, PCs. 17 and 30, 2006, issue. 13, 24 and 59 since 2007, PCs. 36 and 43 of 2008., PCs. 6, 10, 19, 44, 94 and 99 from 2009, PCs. 62 by 2010, PC. 8 and 39 from 2011, issue. 25 and 44 by 2012 PCs. 15, 16 and 66 by 2013, PCs. 38, 49 and 98 by 2014)

§ 1. In the name of the law the word "use" is replaced by "use".

§ 2. In art. 24 and the following amendments and supplements shall be made:

1. In paragraph 8. 2, item 6, the words "the system for the identification of animals and registration of holdings" shall be replaced by "Integrated system" and after the word "pasture" a comma and add "Mary".

2. in the Al. 5 after the word "pasture" comma and added "measure".

3. in the Al. 6, paragraph 4, the words "the system for the identification of animals and registration of holdings" shall be replaced by "Integrated system" and after the word "pasture" a comma and add "Mary".

§ 3. In art. 37 (b) the following amendments and supplements shall be made:

1. In paragraph 8. 1:

the fourth sentence) shall be amended as follows: "upon presentation of two or more unaccounted for in the entries shall be made on the registration contract contract referred to in the Declaration submitted by the owner";

(b) a new sentence be inserted) Fifth: "If the owner has not filed a declaration, the Municipal Office for agriculture shall inform the parties to the treaties. ';

in the fifth sentence) becomes the sixth sentence.

2. in the Al. 3 the second sentence is created: "to the application users apply the Declaration that are not related persons within the meaning of the commercial code with persons who have not paid their obligations under art. 34, para. 6 and under art. 37 in, al. 7 for lands under art. 37 in, al. 3, item 2 for previous marketing years. "

§ 4. In art. 37 the following amendments and supplements shall be made:

1. In paragraph 8. 1 creating a fourth sentence: "during the preparation of the project of distribution in the work of the Commission participate and the owners and/or users of agricultural properties in the village, stated his explicit desire to participate in the procedure for creating arrays of use in art. 37 (b), para. 3. "

2. in the Al. 4 creating a second sentence: "in order to include the projected land division in the Polish roads and recorded in the land division in the map of existing and recoverable old boundaries and a map of restituted property irrigation channels that do not function within the arrays for the use of the user."

3. Paragraph 7 shall be replaced by the following: (7) user of agricultural land, on which the order under paragraph 1. 4 are certain lands under para. 3, item 2, shall submit the budget item in the respective transit district Directorate of agriculture an amount of average annual petitive payment for land within three months of publication of the order under paragraph 1. 4. The amounts are paid by deposit and the Regional Directorate for agriculture of the eligible persons on the basis of the order of the Director of the District Department of Agriculture "under para. 4 in a 10-year period. For users who do not have paid amounts for the lands under para. 3, item 2, in accordance with the order referred to in paragraph 1. 4 apply art. 34, para. 6 at the request of the Director of the Regional Directorate for Agriculture ", addressed to the Mayor of the municipality. Do not allow participation in an agreement and the granting of a right of use of arrays and the person-related within the meaning of the commercial code with the previous sentence. "

4. Al are created. 15, 16 and 17:

"(15) agricultural land included in arrays for use and approved for support under the agri-environmental measure" payments "from the rural development programme for the period 2007-2013 shall be allocated without changing the location of persons approved under the measure, in cases where:

1. submitted by the procedure of art. 37 (b) to participate in the procedure property with an area greater than or equal to the area approved for support under the measure, and 2. owners and users whose properties are submitted on the approved measure faces, have given notice of their wish to participate in the procedure for creating arrays for use in accordance with this article, with the same properties.


(16) the Director of the regional Agriculture Department asks the Mayor of the municipality for the provision of properties – Polish roads included in the order under paragraph 1. 4, the average price in the amount of payment for petitive land. The mayor shall take a decision after decision of the Municipal Council. When within one month of the request the Municipal Council has not taken a decision, the Director shall determine the order under paragraph 1. 4 price of properties in the amount of average annual petitive payment for land. On the basis of the amount imported users in the bank account of the municipality within one month of the issue.

(17) the user who submitted the Polish roads, provides access to the property, declared and requested for use in real terms in the next business year. "

§ 5. In art. 37 is the following amendments and supplements shall be made:

1. Paragraphs 1 and 2 shall be read with the following adaptations:

"(1) logged in force plan for land division and approved the existing card or refundable to pitch old real limits on agricultural land, as well as a map of restituted property can be modified to create a consolidated land properties by order of the Minister of agriculture and food. The order is issued on the basis of a written agreement with the notarized signatures of owners of agricultural land and an approved plan for uedrâvane.

(2) when in the uedrâvane included agricultural lands – State or municipal property, the agreement referred to in para. 1 shall be signed by the Minister of agriculture and food, respectively, by the Mayor of the municipality or of persons empowered by them. "

2. Paragraph 3 shall be repealed.

3. Paragraphs 4 and 5 shall be read with the following adaptations:

"(4) Municipal Office for agriculture on the basis of the approved plan for the uedrâvane issue decisions and sketches for uedrenite land estates. The decision describes the amount and category of the property, its location (boundaries, neighbours) and the limitations of ownership with an indication of the reasons for this. The decision shall be served pursuant to the civil procedure code and not subject to appeal. Uedrenite ownership of land is acquired by the entry into force of the decision of the Municipal Office for agriculture, which, together with a sketch, certifies the right of ownership and the deed.

(5) uedrâvane plan does not include estate, on which it is imposed, mortgage foreclosure, encumbered with other real burdens, are subject to pending litigation for ownership or limited real rights, for which the Division is carried out, or are the subject of a procedure for the expropriation. "

4. Create a new para. 6 and 7: (6) Property with the use restrictions, including arising from their location in protected areas or territories and violated, shall be included in the plan for uedrâvane with the consent of the owners.

(7) the contracts for the rental or lease of properties included in the plan for the uedrâvane, shall be terminated upon the entry into force of the decision on the uedrenite property after the expiry of the marketing year in question. "

5. The current paragraph. 6 it al. 8 and shall be replaced by the following: "(8) the costs of creating a consolidated land by agreement of the owners are on their own account."

6. The current paragraph. 7 it al. 9 and is replaced by the following: (9) the procedure for drawing up and approving the plan for the uedrâvane are determined by the regulation for implementation of the law. "

7. The current paragraph. 8 it al. 10 and shall be replaced by the following: (10) Approved uedrâvane plan is reflected in the official map of restituted property or cadastral map and register to them. For reflection and for issuing the sketches for uedrenite property not due taxes. "

§ 6. In art. 37 and following amendments and supplements shall be made:

1. Paragraph 1 shall be amended as follows:

"(1) Pastures, meadows and measure of State and municipal land fund is available for rent or lease in accordance with art. 24A, para. 2 of the owners or operators of holdings with grazing farm animals registered in the integrated information system, according to BABH number and type of registered animals, at a price determined by the market mechanism. Pastures and meadows, Mary from the State and municipal land fund are granted or letting to persons who have no tax liability, as well as liabilities to the State agriculture Fund, State Land Fund, municipal land fund and for lands under art. 37 in, al. 3, item 2. "

2. in the Al. 2, after the word "pasture" a comma and add the "Mary" and the second sentence: "a list of properties with categories and reference annual average payments for the land or the municipality are to be declared in the municipal offices on Agriculture and regional directorates for agriculture" and published on the website of the Regional Directorate for agriculture "by 1 March."

3. the Previous para. 3-12 are hereby amended:

"(3) the Municipal Council set by decision pastures, meadows and measure of General and personal watercraft. List of properties for individual use with categories and reference annual average payments for the land or the municipality is declared in municipalities and cities and published on the website of the municipality by 1 March.

(4) the pastures and meadows, the measure shall be allocated among the beneficiaries who have registered in the appropriate land holdings, according to the number and type of livestock grazing, depending on the legal basis or used for pasture and meadow Mari, but no more than 10 acres for 1 livestock unit in the estate from 1st to 7th category and up to 20 acres for 1 livestock unit in the estate of the eighth to the tenth category.


(5) the persons shall submit an application form to the Mayor of the municipality until 10 March, to which documents.

(6) the municipality mayor shall appoint the Commission that determines the necessary area for each applicant pursuant to para. 4 and allocate properties for each village. The Commission shall draw up a protocol for the final distribution of property in the presence of the necessary areas, by 1 May.

(7) in the shortage of pasture and meadows, Mary of municipal land in the Land Fund to the allocated pursuant to para. 6 the Commission further property distribution in the neighbouring village, which may be located in an adjacent municipality or region, and draw up a protocol for the final distribution of property by 1 June. This order applies to the depletion of the municipal land fund or the norm under para. 4. the allocation shall be carried out successively in the next village, municipality and district.

(8) the Protocol on al. 6 or under para. 7 announced at City Hall and published on the website of the municipality and may be appealed in respect of the area of the allocated property within 14 days before the District Court. An appeal shall not suspend the implementation of the Protocol, unless the Court directs otherwise.

(9) when a shortage of pasture and meadows, Mary of municipal land fund after the distribution under para. 7 in the neighbouring villages, and on application by the person entitled, within 10 June, the Commission under para. 6 provide ex officio the Minister of agriculture and food or empowered by him face the protocols referred to in para. 6 and/or al. 7 and a copy of the application for further distribution of the property of the State Land Fund.

(10) the Director of the District Department of Agriculture appointed "Commission, the composition of which includes representatives of the municipal offices for agriculture and the district Directorate of agriculture. The Commission shall allocate an extra area required for each candidate in accordance with para. 4 in the and/or neighbouring territories and draw up a protocol for the final distribution of property by the State Land Fund before 1 July.

(11) the Protocol on al. 10 announced at City Hall and in the building of the municipal Agriculture Office and shall be published on the website of the municipality and the Regional Directorate for agriculture. The Protocol can be appealed in respect of the area of the allocated property within 14 days before the District Court. An appeal shall not suspend the implementation of the Protocol, unless the Court directs otherwise.

(12) on the basis of the reports of the commissions on al. 6 and para. 10 and after payment of the rental price arendnata or the Mayor of the municipality, according to the Director of the Regional Directorate for agriculture, contract, hire or lease. The minimum term of contract is five marketing years. Contracts shall include the data referred to in para. 1, 4, 6 and 7 and shall be registered in the Municipal Office for agriculture. "

4. Al are created. 13 and 14:

 "(13) Other available pastures and meadows, Mary from the municipal and State Land Fund are rented or leased through an auction, in which it is allowed to participate only owners of grazing farm animals registered in the integrated information system of BABH. The auctions are conducted by the Regional Directorate for agriculture, for the lands of the State Land Fund, and by the Mayor of the municipality, for the lands of the municipal land fund. Contracts shall be concluded for a particular marketing year.

(14) the remaining after an auction under para. 13 free pasture and meadow Mari are available through the auction of owners of livestock and pasture to persons who undertake to maintain them in good agricultural and environmental condition, in the order specified in the regulation for implementation of the law. Contracts shall be concluded for a particular marketing year. "

§ 7. In art. 37 k, al. 2, after the word "pasture" a comma and add the "Mary" and the words "when" are deleted.

§ 8. In art. 37 l the following amendments and supplements shall be made:

1. In paragraph 8. 1, after the word "pasture" comma and added "measure".

2. paragraph 2 is replaced by the following:

(2) rental and leasing contracts under art. 37 and, al. 13:

1. may be withdrawn or amended before the expiry of the time limit at the request of the user;

2. shall be terminated before the expiry of the period for amending the conditions under art. 37 and, al. 4, except in cases of force majeure occurred. "

3. a para. 3:

"(3) the municipality shall terminate the tenancy agreements and leases for properties under art. 19, concluded by the order of art. 37 and, al. 12, 13 and 14, and submitted by the City Council pursuant to § 27 of the transitional and concluding provisions of the law amending and supplementing the law on ownership and use of agricultural lands (SG. 62 by 2010), after the issuance of the decision of the Municipal Office for agriculture and the expiry of the marketing year in which the decision was issued. "

§ 9. In art. 37 o make the following amendments and additions:

1. Create a new para. 1, 2 and 3:

(1) the Municipal Board shall determine, by a decision adopted by a majority of the total number of advisors: 1. the size and location of the measure and the pastures for total and for individual use, depending on the number and types of animals on pasture breeding territory of corresponding village;

2. rules for the use of the measure and the pastures on the territory of the municipality.

(2) the rules for the use of the measure and the pastures in the Al. 1, item 2 shall contain:

1. prospective operating plan for grazing;

2. the parts of the measure and the pastures intended for total and for individual use, and their differentiation;

3. parts of the measure and the pastures, primarily designed for lawn;

4. prokarite for farm animals to graze and vodopoite;


5. measures to preserve, maintain and improve measure and grasslands, such as cleaning of shrubs and other unwanted vegetation, anti-erosion, fertilize, temporary protections;

6. veterinary preventive medicine;

7. the parts of the measure and the pastures intended for artificial pasture for crop with adequate grass mixtures;

8. construction of sheds;

9. the introduction and use of parcelno rotation grazing systems and complexes;

10. Security;

11. mode of use, prohibitions and restrictions, depending on the specific characteristics of topographic, soil, climate and other natural conditions, and the development of animal husbandry in the territory of the municipality;

12. map for the use of the measure and the pastures physical blocks defined in the identification system for agricultural parcels.

(3) the rules referred to in paragraph 1. 2 are announced on the website of the municipality. "

2. the Previous para. 1, 2, 3, 4 and 5 shall become, respectively, al. 4, 5, 6, 7 and 8.

§ 10. In art. 38, para. 2, after the words "bubbling under" land Division plan "is added with the exception of Polish roads, provided for use by the order of art. 37 in, al. 16. "

§ 11. Art is created. 40A:

"Art. 40. (1) A commercial company under art. 3, al. 7, which holds ownership of agricultural land, the penalty payment in the amount of $ 100. acre of land owned.

(2) The company that three months after the imposition of a penalty under subsection. 1 has ownership of agricultural land, the penalty payment in triple the amount of the penalty imposed originally.

(3) For each subsequent violation shall be applied para. 2. "

§ 12. In the additional provisions in § 2 (g) the second sentence shall be deleted.

§ 13. Everywhere in the law the words "use" and "use" shall be replaced respectively with "use" and "enjoyment".

Transitional and final provisions

§ 14. Customer's open until the entry into force of this law the proceedings for the issuance of orders under art. 37 in, al. 4 for 2014-2015, interrupted by the directors of the regional directorates of agriculture within 27 February 2015.

§ 15. Real estate – Polish roads designated by the order of art. 37 in, al. 16 and 17 for 2014-2015, may be awarded leases for one year before 15 April 2015 or orders shall be issued in accordance with art. 37 in, al. 4.

§ 16. (1) the amounts due for the properties under art. 37 in, al. 3, item 2, determined by the order of art. 37 in, al. 4 for 2014-2015, and for previous marketing years shall be submitted by users in a bank account for foreign funds. The deadline for submission of the amounts for 2014-2015 is to submit a request for assistance pursuant to art. 41 of the Act on support for farmers.

(2) since the entry into force of this Act:

1. the amounts referred to in paragraph 1. 1 shall be paid by the municipalities of eligible persons under art. 37 in, al. 3 in the 10-year period;

2. waivers of the municipalities for the payment on the basis of the three-year period under art. 37 in, al. 7 are considered cancelled.

§ 17. Customer's open proceedings under art. 37 is completed pursuant to this law.

§ 18. For 2015-2016 terms of art. 37 and shall be extended by four months.

§ 19. Article 40 (a) shall enter into force from May 1, 2015.

§ 20. In the law on lease in agriculture (promulgated, SG. 82 of 1996; amend., SG. 35 and 113 of 1999, no. 99 of 2002, no. 13 of 2007, issue 36 and 43 of 2008) in art. 4, al. 1 the word "four" is replaced by "five".

The law was passed by the National Assembly-43 on 11 February 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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