Amendments To The Law "on The Privatization Of Land In Rural Areas"

Original Language Title: Grozījumi likumā "Par zemes privatizāciju lauku apvidos"

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The Saeima has adopted and the President promulgated the following laws: the amendments to the law "on the privatization of land in rural areas" to make the law "on the privatization of land in rural areas" (the Republic of Latvia Supreme Council and Government Informant, 1992,/34.nr. in 1993, 32;/19.nr.; 18. The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1994, nr. 1; 1995, no 2; in 1996, 1., no. 15; 1997, no. 2; 2001, no. 22; 2003, no. 9; 2005, no. 24; 2007, nr. 14; Latvian journal nr. 205., 2010; 2011, 65 no; 2013, no 191; 2014, 17 No.) the following amendments: 1. Turn off the article 27, second paragraph, the words "as well as a succession of wills, mortgaged land seizures and ground-share capital incorporated companies". 2. in article 28: Express article introductory paragraph by the following: "land can get in such transactions subject property:"; Add to paragraph 1 first subparagraph with the words "and other nationals of the Member States of the European Union and the countries of the European economic area and nationals of the Swiss Confederation"; make the first part of paragraph 2 as follows: "2) Republic of Latvia as the initial public law legal persons and public entities are derived;"; make the first part of paragraph 3, the introductory phrase and subparagraph "a" the following: "3) Republic of Latvia registered Corporation, as well as any other Member State of the European Union or the European economic area country, or the Swiss Confederation registered Corporation that registered as a taxable person and: (a) in the Republic of Latvia) which all players have this part 1 or 2 subjects referred to singly or several together,"; Replace paragraph 3 first subparagraph "b" in subparagraph the words "in more than half the share capital owned by natural or legal persons" with the words "all the participants of the natural or legal person is"; make the first part of paragraph 3 of section "c" by the following: "(c)) that all participants are more in the" a "and" b "referred to subjects together;" turn off the first part of paragraph 3, "(d)". make the first part of paragraph 4 and 5 by the following: "4) Latvia registered religious organization whose life, from the date when they are established without having re-registered, or the date of the notification provided by the registry authority in the Republic of Latvia, is not less than three years; 5) in the Republic of Latvia, other Member State of the European Union or the European economic area or the Swiss Confederation, the registered entity who registered as a taxable person or economic operator in the Republic of Latvia and is: (a) the individual company) is owned by this part, the person referred to in paragraph 1, b), where a sole proprietor registered in this part, the person referred to in paragraph 1, c) cooperative society, which all members have this part 1. points 2 and 3, as well as of this point "a", "b" and "d" subjects referred to singly or several together, d) another Member State of the European Union or the European economic area country registered holder of the right, which is equivalent to the entities referred to in this paragraph; "; turn off the first part of paragraph 6; to supplement the first part of paragraph 7 as follows: "7) Latvian society and Foundation registered associations and foundations whose life, from the moment of registration of the Republic of Latvia, is not less than three years, the goal of which is related to nature protection, agricultural crops or products or hunting farm organization and maintenance and which purchased land for the implementation of these objectives." to turn off the second and third paragraphs; to make the fourth subparagraph by the following: "business entities, other than those referred to in the first subparagraph, the ground can get property, pursuant to article 29 of this law, the limits and procedures laid down in article 30. ' 3. To supplement the law with article 28.1, of the following: ' article 28.1. Deal with agricultural land subject to agricultural land and land that made up the dominant land use is agricultural land, making comparisons with other areas occupied land use categories in the appropriate area of the object of the transaction amount or the transaction object contained in the separate land units area, as well as the land supposedly of (agricultural land) this law, article 28 of the transactions referred to in the first subparagraph, the subject can get owned If they are: 1) the natural persons who meet all the following conditions: (a)) are registered as agents of economic activities in the Republic of Latvia, b) for at least a year in the last three years have received payments of the uniform area according to the Council on 19 January 2009, Regulation (EC) No 73/2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulation (EC) No 1290/2005, (EC) no 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (hereinafter Regulation No 73/2009), or receiving direct payments in accordance with the European Parliament and of the Council of 17 December 2013 Regulation (EU) no 1307/2013, establishing rules on farmers for direct payments made under the common agricultural policy support schemes, and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (hereinafter Regulation No 1307/2013) , or the income from agricultural production, no less than for the last three consecutive years of at least one third of their total operating income, or have acquired agricultural education or equivalent education in vocational education, vocational secondary education program or professional development curriculum, learning the crop, livestock or other appropriate articles no less than 160 hours, c) written confirmation that the land use in agricultural activities launched during the year following its acquisition and provides further If the ground the previous or current year has been the uniform of the area applied for payments or direct payments or initiated within a period of three years and will provide in the future, if the Earth the previous or current year has not been a single sign of area payments or direct payments) this law, article 18.7 (d) the application referred to in the first subparagraph are not at the date of the tax debt in Latvia or the country in which it is domiciled. 2) legal persons who meet all the following conditions: (a)) for at least a year in the last three years have received single area payment in accordance with Regulation (EC) No 73/2009 or receiving direct payments under Regulation (EC) no 1307/2013, or their income from agricultural production, no less than for the last three consecutive years of at least one third of their total operating revenue, b) written confirmation that the land use in agricultural activities launched during the year following its acquisition, and also in the future, if the land previous or current year has been the uniform of the area applied for payments or direct payments , or launch a three-year period and will provide in the future, if the Earth the previous or current year has not been a single sign of area payments or direct payments, c) at least one owner or a permanent employee is appropriate vocational training in the relevant fields of activity of the legal person, no less than in vocational education or vocational secondary education program, or at least one of the owner's income from agricultural production, no less than for the last three consecutive years of at least one third of its total operating revenue , d) can indicate the real beneficiaries and assure that all true beneficiaries of this law article 28, first paragraph, the person referred to in paragraph 1 of this law, article 18.7 e) the application referred to in the first subparagraph are not at the date of the tax debt in Latvia or the country in which they are established. Agricultural activity within the meaning of this article is the plant (including tree planting, mushroom, wild berry breeding), livestock (including poultry farming, beekeeping, rabbit keeping and zvērkopīb), inland waters fisheries (fish farming in private bodies) and horticulture (including floriculture, greenhouse farm) production and manufacturing, including the production of pretreatment and post-treatment, if it was made at the farm, as well as rural tourism services and maintenance of agricultural land or crops of over-grazing in suitable condition. Rural tourism services within the meaning of this article is a guest accommodation services provided in rural areas or rural populated areas specially equipped guest accommodation in rooms or other spaces, as well as custom with rural tourism-related additional services based on local cultural and natural resources. " 4. Article 29: turn off the first part; turn off the second part of paragraph 4, the words "with the exception of nogabal, which provides building according to the municipal planning"; turn off the second part of paragraph 5, the words "according to the municipal planning"; to supplement the article with the fourth, fifth, sixth and seventh paragraph as follows: "Any natural or legal person may obtain ownership of up to 2,000 hectares of agricultural land. This condition does not apply to this law, article 28, first paragraph, 2. subjects, mentioned in paragraph 38 of this Act referred to in the first paragraph of the Latvian Land Fund Manager and State corporations that acquire ownership of agricultural land with the law for the implementation of the delegated function, as well as in the insolvency proceedings of agricultural land to be acquired. In part four of this article in this agricultural area is excluded from agricultural land where the person renting or for which it receives a single payments area in this statutory one person owned agricultural land of the area of the maximum limit on the date of entry into force. Based on the long-term development of the local Government's vision and priorities, strategic objectives and spatial development perspective, the Government can impose binding rules one natural or legal persons owned the maximum area of agricultural land in its administrative territory, up to the fourth paragraph of this article, this agricultural area. Article 28 of this law, the first part of paragraph 7, the persons may obtain ownership of agricultural land that at the time of conclusion of the transaction and after the transaction with the total not exceeding five hectares. If this law article 28, first paragraph, point 7 of the person referred to in the event of termination, after liquidation expenses and satisfy the claims of creditors of the Association or foundation-owned agricultural land agrees with this law, the first subparagraph of article 38 of the Latvian Land Fund Manager. " 5. Article 30: turn off in the first paragraph, the words "and the third"; replace the second paragraph, the words "planning, approved and acquired legal force under the Cabinet of Ministers regulations issued by local authorities in the planning of the territory" with the words "planning or lokālplānojum" and turn off the number and the words "the third paragraph of article 28 and". 6. To supplement the law with 30.1, 30.2 and 30.3 article as follows: "article 30.1. Deal with agricultural land, arbitration proceedings this law article 28, first paragraph, paragraph 7 and article 28.1, the person referred to in the first subparagraph, as well as people that agricultural land wants to get the property for the use of the subsoils, submitting it to the Government within the territory of which the land in question. The application specifies this land for future use and shall be accompanied by a business Act and documents proving the right of a person to acquire the property of agricultural land. With agricultural land transactions to monitor the legality of the Government Commission, which is made up of Government and the direct representatives of the governing bodies (hereinafter the Municipal Commission). Local Government Commission within one month of the submission of the transaction and other submissions to be added to the date of receipt of documents: 1) shall decide on the approval of the acquisition of agricultural land for property in compliance with this law, the first paragraph of article 28.1, the article 29 of the fourth, fifth and sixth conditions and article 30.2 of the Act in the second and third persons referred to in part does not use pre-emption or purchase agreement concluded with such persons. Authorities the Commission shall adopt a decision on the refusal of the acquisition of agricultural land property, if these conditions are not met; 2) shall decide on the approval of the acquisition of agricultural land for the property, if this law article 28, first paragraph, point 7 of article 29 of the rules, and the seventh part of the conditions relating to the ownership of agricultural land being the maximum area is observed. Authorities the Commission shall adopt a decision on the refusal of the acquisition of agricultural land property, if these conditions are not observed; 3) shall decide on the approval of the acquisition of agricultural land for property, if the person whose land wants to get the property for the use of the subsoils, referred to in the first paragraph of the petition, have ensured that the land will be used for the use of subsoils, and if according to the Government's planning or lokālplānojum for mineral mining is allowed, land quality assessment is lower than 60 balls and has complied with article 29 of this law in the fourth , fifth and sixth conditions. Authorities the Commission shall adopt a decision on the refusal of the acquisition of agricultural land property, if these conditions are not met. The decision on consent to the acquisition of agricultural land for property in the local government, the Commission draws up the inquiries and transactions Act is valid for entry in the land register only when connected to the said certified statement. The decision on the refusal of the acquisition of agricultural land for property transactions, the parties have the right to appeal to the Court of Justice of the administrative procedure law. Cabinet of Ministers shall lay down the criteria: 1) the prevailing land use determination of the category of transactions with agricultural land; 2) application information and then add; 3) order in which this law article 30.2 in the second and third persons referred to in part a pre-emptive right to implement; 4) procedures are funded and established a local Government Commission, laid down in its composition, as well as local authorities, the rights and obligations of the Commission; 5) the procedures for the authorities, the Commission shall examine applications for transactions involving agricultural land and take a decision on the agreement for the acquisition of agricultural land or for the refusal of the acquisition of agricultural land; 6) procedures for the calculation of income from agricultural production; 7) procedure to obtain a decision to require data from other national information systems; 8) time limits and order in which, in accordance with article 29 of this law in the fifth and the second subparagraph of article 36 provides information on agricultural land that it leases. 30.2 article. Pre-emptive rights on agricultural land If the co-owners sold agricultural land they owned land part, pre-emptive right to dispose of the agricultural land is the land of the co-owners. In this case, the pre-emption shall be implemented in accordance with the procedure laid down in the civil code. Article 28.1 of the Act referred to in the first paragraph, a person who is a lessee of agricultural land, have a pre-emptive right to dispose of the land, if the land lease contract is registered in the relevant municipality. In this case, the lessee of agricultural land is pre-emptive on agricultural land, on which the pre-emptive right does not use land co-owners. Article 38 of this law in the first part of the said land fund manager of Latvia has pre-emptive rights on agricultural land if the pre-emptive right is not used for this article, the persons referred to in the first and second subparagraphs. 30.3 article. Exceptions are transactions with agricultural land article 28.1, of this law, article 18.7 and 30.2 article does not apply to: 1) beneficiaries of agricultural land, of which the legal ownership or possession of the existing agricultural area at the time of conclusion of the transaction and after the transaction, the total does not exceed ten hectares of natural persons and five hectares of legal persons; 2) insolvency of agricultural land being acquired; 3) inheritance of acquired agricultural land; 4) State and local Government to provide the necessary function of agricultural land, as well as agricultural land, obtained ownership of the Corporation law of the State with the implementation of the delegated function; 5) agricultural land, which the person acquires the property in accordance with the personal property disposal Public Law 4 the fourth paragraph of article 3, 4, 7 and 8; 6) deals with agricultural land between spouses, first and second degree relatives; 7) agricultural land that is expropriated is the land consolidation process in accordance with the land management regulatory laws. This law, article 18.7 article 28.1 and requirements do not apply to: 1) co-owners of land; 2 article 38 of this law) referred to in the first subparagraph of the Latvian Land Fund Manager. " 7. Article 31: replace the word "newspaper" with the words "official publication" and the word "areas" with the words "municipal administrative territory". 8. Article 33: to replace the word "incorporated companies" (the number and fold) with the word "Corporation" (the number and fold). 9. To supplement the law with article 36 as follows: "article 36. Agricultural land agricultural land lease lease agreement concluded in writing for a period of not less than five years. The lessee or the lessor under the Cabinet of Ministers established the local Government informed of the conclusion of the lease of agricultural land. The municipality of leading agricultural land lease agreements. " 10. To supplement the law with the chapter VII by the following: "Chapter VII Latvian Land Fund article 37. Latvian land Foundation Latvian Fund for nature national ground level accumulated agricultural land. Latvian Land Fund aims at national level to promote the agricultural land protection and the availability of resources, the rational, efficient and sustainable use, as well as agricultural area. 38. article. The Land Fund of Latvia the Latvian land management Fund constitutes, maintains, and manages a specific Cabinet authority, a corporation in which all shares (shares) owned by one or more public persons (hereinafter referred to as the Latvian Land Fund Manager). For the implementation of this law, article 37 in the second part of this objective, the Fund Manager of the Latvian land as private law deals with agricultural land, closing a real estate lease, purchase or Exchange transaction. The order in which the Latvian Land Fund Manager will make transactions with immovable property, including rent, buy, sell and changing agricultural land shall be determined by the Cabinet of Ministers. Latvian Land Fund Manager a transaction resulting in real estate is not eligible to invest in its own share capital. " 11. transitional provisions be supplemented with 3, 4, 5, 6, 7 and 8 of the following: "3. The Cabinet of Ministers until 2014 30 October issued this law, article 18.7 of the fourth part 1., 2., 3., 4., 5., 7 and 8 of the rules referred to in paragraph 1 and until 30 June 2015 manages this law, article 18.7 of the fourth part 6 the provisions referred to in the paragraph. 4. This law 28.1 of the first paragraph of article 1, point b and point 2 of the "a" section contains requirements regarding compliance with Regulation No 1339/2013 requirements and in respect of income from agricultural production are applicable from 1 July 2015. 5. Amendments to this law, in article 28 and 29 relating to the society and the Foundation of the right to acquire ownership of land, the amendment of article 29 of this law in respect of the property of the maximum area of agricultural land, this law 28.1 article on business with agricultural land holders, article 18.7 of deal with agricultural land, arbitration proceedings, 30.2 article on pre-emptive rights on agricultural land, 30.3 article on exceptions dealing with agricultural land article 36 and on agricultural land lease shall take effect on 1 November 2014. 6. The Cabinet of Ministers until March 1, 2015 does this law, in the third paragraph of article 38 of the regulations referred to in. 7. The Cabinet of Ministers until March 2014, 30 December, pursuant to article 38 of this law, the first paragraph shall be determined by the Latvian Land Fund Manager. 8. the Land Fund Manager launched not later than 1 July 2015. " The Parliament adopted the law in 2014 on July 3. The President a. Smith in Riga 2014 July 18.


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