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 ползването на земеделските земи

Read the untranslated law here: http://parliament.bg/bg/laws/ID/14832/

Name of law Law amending and supplementing the law on ownership and use of agricultural lands of the Name Bill WALL law for ownership and use of agricultural lands of acceptance Date 29/04/2014 number/year 2014 Official Gazette Decree No 38/114

On the grounds of art. 101, para. 3 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 the National Assembly of HLII 4 April 2014, readmitted on 29 April 2014.

Issued in Sofia on 30 April 2014.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Zinaida Zlatanova

LAW

amending and supplementing the law on ownership and use of farm-land skis (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 and St. 15, 16 and 66 by 2013)

§ 1. In art. 3 make the following amendments and additions:

1. a new paragraph. 7:

"(7) may not acquire and possess ownership of agricultural land:

1. commercial companies in which shareholders are directly or indirectly companies registered in jurisdictions with the preferential tax regime;

2. commercial companies in which partners or shareholders are foreigners, outside p rawling persons under para. 4 and 5, or foreign legal persons, other than those referred to in paragraph 1. 4 and 6, as well as sole trade companies set up by such natural or legal persons;

3. public limited-liability companies that have issued bearer shares. "

2. The current paragraph. 7 it al. 8.

§ 2. Art is created. 3 in:

"Art. 3. (1) the ownership of agricultural lands can acquire natural or legal persons who are resident or established in the Republic of Bulgaria for over 5 years.

(2) legal persons, registered under Bulgarian law, less than 5 years may acquire ownership of lands, when the partners in the company, the members of the Association or the founders of the public limited-liability company shall meet the requirements under paragraph 1. 1.

(3) at the conclusion of the transaction for the acquisition of ownership of farmland buyers – individuals submitted to the notary public declaration about the origin of the funds, and legal persons – a document proving the origin of the funds.

(4) paragraph 1 shall not apply upon acquisition of ownership of agricultural land in succession. "

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

1. In paragraph 8. 2. t 6 is created:

"6. the owners or operators of holdings with agricultural, pasture animals registered in the system for the identification of animals and registration of holdings of the Bulgarian Agency for food safety (BABH) when land is pastures or meadows."

2. in the Al. 5, first sentence, the words "measure and the grasslands ' shall be replaced by" the pastures and meadows under para. 6, item 4.

3. in the Al. 6:

a) a new paragraph 4:

"4. the owners or operators of holdings with agricultural, pasture animals registered in the system for the identification of animals and registration of holdings of BABH when land is pastures or meadows;"

(b)) the current item 4 becomes item 5.

§ 4. In art. 35 following amendments and supplements shall be made:

1. In paragraph 8. 3 the fourth sentence is deleted.

2. Create a new para. 4 and 5:

"(4) the Participants in the auctions for agricultural land by the State Land Fund may only be holders of registered bonds, offset the compensating records and of residential compensatory records.

(5) twenty percent of the price offered in tenders for the agricultural lands of the State Land Fund under para. 3 shall be paid by the successful bidder with cash. "

3. the Previous para. 4, 5, 6 and 7 shall become al. 6, 7, 8 and 9.

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

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

"(1) grassland and meadows from the 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 agricultural, pasture animals registered in the system for the identification of animals and registration of holdings of relevant, BABH or adjacent area, in proportion to the number and type of animals registered, at market price determined by an independent assessor. Pasture and meadow 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) the Minister of agriculture and Forests shall determine by order the free pasture and meadow from the State Land Fund, which is available for rent or lease in the Al. 1, the period laid down in the regulation for implementation of the law. "

2. Create a new para. 3, 4, 5, 6 and para. 7, 8, 9 and 10:


"(3) the Municipal Council set by decision pastures, meadows and measure for total and individual use, such as a list of properties for personal watercraft shall be provided to the Minister of agriculture and food or authorised by him, within individuals, specified in the regulation for implementation of the law.

(4) the designated pursuant to para. 2 and 3 grasslands by State and municipal land fund and their rates are advertised prominently in Municipals, the municipal offices on Agriculture and regional directorates for agriculture ".

(5) the persons shall submit an application form to the regional directorates for agriculture ", to which documents certifying the circumstances under para. 1.

(6) the Director of the District Department of agriculture appointed committees in municipalities in 30 days looking at applications for the municipality. The Governor appoints the District Committee that coordinates and controls the activities of the municipal commissions. The composition of the committees is composed of an equal number of representatives of the municipality, the district Directorate of agriculture and representatives of the farmers and their organisations.

(7) the pastures and meadows are allocated to applicants who have registered in the municipality holdings, as the persons who benefit from plea less than 1 acre pasture and meadow to feed the 0.15 livestock units in proportion to the number and type of registered agricultural grazing animals treated as livestock units shall be not more than 20 acres to feed the 1 livestock unit.

(8) the remaining available pastures and meadows are distributed among individuals with registered holdings on the territory of the municipality, of which are not distributed in the Al. 7 areas, according to the number and type of their grazing farm animals in the municipality in which they have their registered stock objects. This order applies to the satisfaction of the applications referred to in para. 5, but to the neighbouring area of the territory where they are registered farms.

(9) for his work on Al committees. 6 make up protocols, in which is reflected the distribution of the pastures and meadows between the applicants. On the basis of the reports of the commissions and after payment of the rental price or arendnata, the Director of the Regional Directorate for agriculture, according to the Mayor of the municipality shall conclude contracts for the rental or lease for use of the pastures and meadows for a period of four to six marketing years.

(10) the remaining available pasture and meadow after the distribution under para. 7 and 8 are available through auction 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. "

3. The current paragraph. 3 it al. 11.

4. The current paragraph. 4 it al. 12 and in it in the text before item 1 the words "para. 3 "shall be replaced by" para. 11, item 2. "

5. the Previous para. 5 and 6 are repealed.

§ 6. In art. 37 k is hereby amended as follows:

1. The first subparagraph of paragraph 1 shall be repealed.

2. paragraph 2 is replaced by the following:

(2) income from rental and lease is payments for use of pastures and meadows of the State Land Fund in the budget of the Ministry of agriculture and food, and when they're from the municipal land fund – in the budget of the municipality. "

§ 7. In art. 37 l is hereby amended as follows:

1. In paragraph 8. 1 the words "Measure and pastures of the State" shall be replaced by ' the meadows grassland and from State and municipal "and the words" under art. 37 and, al. 5 ' shall be deleted.

2. in the Al. 2 in the text before point 1, the words "for solo use" shall be replaced by "under para. 1. "

§ 8. Article 37 m is hereby repealed.

§ 9. (N) article 37 shall be repealed.

§ 10. Article 37 (p) is repealed.

§ 11. Article 37 (q) is repealed.

§ 12. In the additional provisions the following amendments and additions:

1. In paragraph 2:

and the current text) became al. 1;

(b)) is hereby set up al. 2:

"(2)" Grazing farm animals "within the meaning of this law are the large and small ruminants and equine farm animals."

2. paragraph 2 (d) is repealed.

3. In paragraph 2 (g) fourth sentence is deleted.

4. § 2 (h):

"§ 2 (h)." Livestock unit "within the meaning of this law is conditional unit for alignment of the number of different species and categories of animals as follows:

1. a horse over 6 months of age, one Buffalo and one cattle over the age of two is the equivalent of one livestock unit;

2. cattle or buffalo at the age of six months to two years is equal to 0.6 of the livestock unit;

3. a sheep or a goat is equal to 0.15 livestock unit from. "

§ 13. transitional and final provisions § is created: "§ 12 a. (1) agricultural land in former farmyards of the organizations under § 12, located outside urban areas remaining after recovery rights owners, are State-owned.

(2) the management, administration and disposition of the lands under para. 1 shall be made by the Minister of agriculture and food under the conditions and in accordance with procedures laid down in the rules for implementation of the law. "

The law was adopted by the 42nd National Assembly on 4 April 2014 and on 29 April 2014 and is stamped with the official seal of the National Assembly.

President of the National Assembly: Mihail Mikov

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