THE TEMPORARY USE OF AGRICULTURAL LAND - SPECIFIC INSTRUMENT IN AGRICULTURAL EVENTS

Abstract

Under the terms of Article 56 (1) of the Rules for the Application of the Law on the Conservation of Agricultural Land [www.lex.bg] in the construction of sites - public property of the state or municipalities, it is possible to use land for a certain period outside the site (track) of the site. In such cases, land that is needed temporarily in the construction of underground and aerial linear objects is needed and is necessary for geological and other research. The text of Art. 57, par. 1, 3 and 4 of the aforementioned Rules regulates the relations between the investor of the site and the owner of the land - for the use of the land a contract is signed between the investor of the site and the owner of the land. The contract is concluded in the presence of an established site (track, terrain) for the site with a decision of the commission under Art. 17, para. 1 Agricultural Land Protection Act [www.lex.bg]. The agreement between the parties sets out the terms and conditions for the use of the land, the amount of the rent, the damages and lost profits, the manner of their payment and the corresponding penalties. The contract can not be concluded for more than 10 years. What are the obligations of the investor? The investor of each site, according to the norm of art. 58 of the Regulation for the application of the law on the preservation of agricultural lands, shall be obliged to return the used temporary land after expiration of the term of the contract in the original form or in a form suitable for agricultural use. The land shall be brought into this type by the investor on the site at his expense within the term of the contract. When the use of the land necessitates the construction of buildings and / or facilities of a permanent character, the investor of the site is obliged, within the term of the contract, to propose a change of the purpose of the necessary land after acquisition of ownership or right to build . In connection with the above, the subject of the article is precisely the basic legal details of the agricultural legislation of the Republic of Bulgaria dealing with the conditions and the process of granting and temporary use of agricultural land in conducting spatial events on it. The subject of an analysis based on the current legal issue is some of its imperfections, affecting to some extent the negative impact on the effective use of this instrument and worsening the expected results. The methodology of the SWOT analysis will be used for the analysis needs. The purpose of the study is to examine and analyze the legal matter of the field of agricultural land use, to summarize and formulate some directions of improvement of the legal framework that it needs in order to fully fulfill its role as a specific and necessary instrument in agro-development activities.

Keywords

• investor
• owner
• contract
• rules
• law
• right to build
• buildings
• object