Name of law
Law amending the Law on Ownership and Use of Agricultural Lands




Name Bill
Bill amending the Law on Ownership and Use of Agricultural Lands





Date of adoption
12/11/2009



Number / year Official Gazette
94/2009







DECREE № 381
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Ownership and Use of Agricultural Lands adopted by HLI National Assembly on November 12, 2009 Released on
in Sofia on November 20, 2009
President of the Republic, Georgi Parvanov
stamped with the state seal.
Minister of Justice Margarita Popova

Law amending the Law on Ownership and Use of Agricultural Lands (prom. SG. 17 of 1991 .; corr., No. 20 1991 .; amend., SG. 74 of 1991, pcs. 18, 28, 46 and 105 of 1992, pcs. 48, 1993, pcs. 64, 1993 - Decision № 12 of the Constitutional Court from 1993 .; amend., SG. 83 of 1993, No. 80 of 1994, pcs. 45 and 57, 1995, issue. 59 of 1995 - Decision № 7 and № 8 Constitutional Court from 1995 .; amend., SG. 79 of 1996 pcs. 103 of 1996 - Decision № 20 of the Constitutional Court from 1996 .; amend. pcs. 104 of 1996 pcs. 15 of 1997 - Decision № 3 of the Constitutional Court from 1997 .; amend., SG. 62, 87, 98 and 123 of 1997, pcs. 59, 88 and 133 in 1998, pcs. 68 1999 pcs. 34 and 106 in 2000, pcs. 28, 47 and 99 of 2002, pcs. 16 2003 pcs. 36 and 38, 2004, pcs. 87 2005 . No.. 17 and 30, 2006, issue. 13, 24 and 59 of 2007, pcs. 36 and 43 of 2008, pcs. 6, 10, 19 and 44 of 2009) || | § 1. In art. 24a para. 2, the pt. 5:
"5. in cases of art. 37c, para. 10. "
§ 2. In art. 27 create par. 9 and 10:
"(9) The Minister of Agriculture and Food made a proposal to the governor to issue acts for state property on data provided by the regional directorates" Agriculture ".

(10) The regional governor at the location of the property deed issued to state-owned lands of the former farmyards organizations under § 12 of the transitional and final provisions, § 29 of the transitional and final provisions of the Law amending the Law ownership and Use of agricultural lands (prom. SG. 45 of 1995 .; corr. SG. 46 of 1995, No. 59 of 1995 - Decision № 8 of the Constitutional Court from 1995 .; amend., SG. 79 of 1996, No. 15 of 1997 - Decision № 3 of the Constitutional Court from 1997 .; amend., SG. 98 and 124 of 1997) on which are located buildings / or facilities of their property, regardless of whether they were legally built, as well as vacant buildings and facilities or adjacent areas to them, but unsuitable for agricultural use and ineligible land within one month of receipt of proposal under par. 9. The act of state property subject to entry. "
§ 3. In art. 34 be made the following amendments:
1. In para. 6, first sentence, the word "region" is replaced by "municipal lands."
2. A par. 8:
"(8) In cases of illegal use of land from state land fund order under par. 1 shall be issued by the Director of the Regional Directorate "Agriculture". Amounts under par. 6 is transferred to the account of the Ministry of Agriculture and Food. "
§ 4. In art. 37c is made the following amendments:
1. In para. 1:
a) in the second sentence the words "mayor" is replaced by "Director of the Regional Directorate" Agriculture "by 31 May of the year";
B) the third sentence is amended as follows: "Members of the committee include: the mayor of the settlement, respectively mayor's representative or authorized by them officials, a representative of the municipal office of Agriculture and Representative of the Regional Directorate" Agriculture "."
2. In para. 2 after the words "municipal office of agriculture" a comma and added "Regional Directorate" Agriculture "and the words" 1 August to 30 September "is replaced by" 1 July to 1 August. " 3
. In para. 3:
a) in the text before item. 1 the words "10 October" are replaced by "15 August";
B) in Item. 1 after the words "largest share" insert "own and / or";
C) Section 2 is amended as follows:
"2. area of ​​agricultural land for which no contracts and declarations have been submitted by owners of art. 37b is distributed among users in proportion to area and according to the manner of permanent use of their own and / or rented / leased farmland in the respective territory. "

4. In para. 4 words "mayor" is replaced by "Director of the Regional Directorate" Agriculture "and the words" the mayor issued an order "are replaced by" Director of Regional Directorate "Agriculture" issue an order for distribution of arrays on the land within September 1 of the year. "
5. In para. 5, first sentence the words "15 October" are replaced by "September 10".
6. In para. 7:
a) in the first sentence the word "array" is replaced by "relevant territory" and the word "region" is replaced by "municipal lands";
B) in the second sentence the word "mayor" is replaced by "Director of the Regional Directorate" Agriculture ".
7. Paragraph 8 is amended as follows:
"(8) input for use of the array or its parts is done at the request of users of the municipal office of agriculture based on an order of the Director of the Regional Directorate" Agriculture "after the harvest and pay the amounts under par. 7. "
8. Created al. 10-14:
"(10) Lands of state land fund, which can not be divided into separate arrays and they have not been concluded leases or lease before issuing the order under par. 4 can be provided to users of the respective arrays at their request by the Minister of Agriculture and Food or a person authorized by him. The contract is concluded for one-year use after paying the higher amount between the highest bid price for the land for the land from the state land fund for the year and the size of the average annual rent payment for the lands in the municipality.
(11) lands from state land fund to be used without a legal basis, Art. 24, para. 7.
(12) When the term under par. 1 and 4 Director of the Regional Directorate "Agriculture" does not issue the warrant, any interested party may request the issuance by the Minister of Agriculture and Food.
(13) The Minister of Agriculture and Food or authorized by him shall issue orders under par. 1 or par. 4 within one month of their request under par. 12.
(14) Paragraph 10 respectively apply to the lands of municipal land. "
§ 5. In the additional provisions created § 2f:
" § 2e. (1) The amount of the average annual rent payment for the lands of the municipality for the previous year shall be determined in levs per acre by a commission appointed by order of the Director of the Regional Directorate "Agriculture", based on data provided by the Municipal Agriculture Office, the average cost of car installments, calculated on the basis of more than half of the contracts entered in the registry office and registered in the municipal office of agriculture.
(2) The commission includes representatives of the Regional Directorate "Agriculture" and the heads of relevant municipal agricultural offices.

(3) determine the amount of the average annual rent payment is published on the website of the Regional Directorate "Agriculture". "
§ 6. In § 35 of the Transitional Provisions of the Law amending the Law on Ownership and use of agricultural lands (prom. SG. 99 of 2002 .; amend., SG. 38 of 2004, No. 87 of 2005, No. 13 of 2007 and SG. 10 of 2009 ) The par. 4 is repealed.
Transitional and Final Provisions
§ 7. Such planned orders under Art. 37c, para. 4 for business 2009-2010 year to the entry into force of this Act shall be issued by the directors of the regional directorates "Agriculture 'by March 1, 2010
§ 8. In the Forest Act (prom. SG. 125 1997 .; amend., SG. 79 and 133 in 1998, pcs. 26 of 1999, pcs. 29 and 78 of 2000, pcs. 77, 79 and 99 of 2002, No. . 16 and 107 of 2003, pcs. 72 and 105 of 2005, pcs. 29, 30, 34, 36, 80, 82 and 102 of 2006, pcs. 13, 24, 53 and 64 of 2007 SG. 43 and 54 of 2008 .; Decision № 4 of the Constitutional Court from 2008 - SG. 63 of 2008 .; amend., SG. 69, 70 and 91 of 2008, pcs. 6 12, 19, 32, 74 and 80 of 2009) is amended as follows:
1. In art. 7, para. 1, second sentence, the words "issued by the Minister of Agriculture and Food or an authorized officer under the terms and conditions of the State Property Act" are deleted.
2. In art. 15b para. 6 words "prepare and act for state property" shall be deleted.
The law was adopted by the 41 th National Assembly on November 12, 2009 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva 12,717