Przegląd Prawa Rolnego, 2009 Nr 1 (5)

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    Przyszłość prawa rolnego
    (Wydawnictwo Naukowe UAM, 2009) Budzinowski, Roman
    The purpose of these considerations is to determine the future of agricultural law. The Author makes the following assumptions: firstly, regulation on various aspects related to agriculture will build itself up also in the future and its separation as agricultural law will still be possible due to specific features thereof; secondly, the subject of agricultural law shall not be restricted to production of agricultural goods, but at the same time omitting the stage of primary agricultural production seems impossible against the background of the ongoing extension f legislation in the sphere of agriculture and farm related activities. Such different aspects of legal regulation of this part of the economy should be formulated in a way which allows for agricultural law consolidation - not its distraction. The Author concludes by pointing at new foundations of agricultural law development and takes note of legislation growth in the field of agri-environment law, agri-food law and rural development law.
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    Spis treści
    (Wydawnictwo Naukowe UAM, 2009)
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    Wspomnienie o naszym Mistrzu - Profesorze Andrzeju Stelmachowskim
    (Wydawnictwo Naukowe UAM, 2009) Czechowski, Paweł; Korzycka - Iwanow, Małgorzata; Prutis, Stanisław
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    Przegląd orzecznictwa
    (Wydawnictwo Naukowe UAM, 2009)
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    Przegląd piśmiennictwa
    (Wydawnictwo Naukowe UAM, 2009)
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    Problem ochrony dzieci od wypadków przy pracy w rolnictwie
    (Wydawnictwo Naukowe UAM, 2009) Puślecki, Damian
    The aim of the paper is to answer the question on the level of protection rural children are given by the légal régulation on accident insurance at agricultural work. Considérations carried out in the paper form a critical assessment of current solutions, because the law on social insurance o f farmers does not extend the insurance protection to youngest persons working in agriculture, even when applying for it. The author concludes by stating that due to the family character of agricultural holdings, the specifics of agricultural work and the common practice of children helping at agricultural work there exists a need for an extension of the personal catalogue in agricultural accident insurance. The arguments given in the paper call for such an extension being committed towards children. However, this shall not be done by lowering the age of household member. Children until the age of sixteen should be specifically protected due to the burden of work given to and carried out by them.
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    Gospodarstwo rolne w prawie włoskim - zagadnienia wybrane
    (Wydawnictwo Naukowe UAM, 2009) Szymecka, Agnieszka
    The aim of the paper is to present to the Polish reader the Italian regulations on the legal category of agricultural holding. These regulations might constitute a point of reference for deliberations upon the Polish solutions in this field, particularly with regard to work carried out on the new Polish civil code. The author analyzes the legal nature of the agricultural production workshop, i.e. its legal qualification as fundus instructus (principal object with belongings) and as an agricultural holding. The author touches upon the issues of lease and transfer of agricultural holding, the latter in a broader perception. While concluding the paper the author compares the agricultural holding in Italian law with its concept defined under art. 553 of the Polish civil code. The author also points at different legal nature of agricultural production units in both legal systems and at varied qualification criteria as agricultural holdings together with different rules on transfer. On this basis the question is raised with regard to the purpose of agricultural holding separation and to the way the agricultural holding is defined in the Polish civil code. The author gives suggestions on how to solve the matter.
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    Nowe oblicza debaty nad wyrównaniem płatności bezpośrednich w prawie wspólnotowym
    (Wydawnictwo Naukowe UAM, 2009) Balcerak, Sebastian
    The paper deals with legal conditions and possibilities for income support consolidation in the EU. The author submits several conclusions on the legal aspects of addressing the issue of differing level of direct payments. Firstly, the question of equalization of income support levels is raised for two separate and independent reasons - one being the loss of legitimacy for significant disparities in amounts of direct support paid out to certain production sectors or regions and the other being the pressure of EU Member States unsatisfied with the principle of historical reference as the cornerstone of the current system. Secondly, the line of case-law of Community courts does not seem to support the relevance of arguments presented at EU forum, according to which equal level of direct payments would be tantamount to treating the beneficiaries of the agricultural policy in an equal way. Thirdly, the instruments introduced recently in the health check of the Common Agricultural Policy aimed at approximating the value of payment entitlements do not address the issue of different support level in a cross-border dimension, thus leaving the problem unanswered up until the next financial perspective.
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    Wybrane aspekty hiszpańskiego systemu informacji geograficznej na potrzeby Wspólnej Polityki Rolnej
    (Wydawnictwo Naukowe UAM, 2009) Staniewska, Anna
    The aim of the paper is to present to the reader the Spanish experience on the introduction and maintenance of the geographical information system for Common Agricultural Policy and to find out whether and to what extent this experience might be used in Poland. The paper contains an analysis of the Spanish normative framework o f the SIGPAC system, established under the royal decree 2128/2004 of 29 October 2004 on the regulation of geographical information system of agricultural parcels. In addition, the article gives an overview on the provisions of the decree by Catalonian Autonomous Community (issued by the Department of Agriculture, Food and Rural Activity) No 245/2008, which regulates in details the way the system is used within its territory. Among the solutions which might be of greater interest for Poland the author points at the legal mechanism clarifying inconsistencies between the SIGPAC system and property cadastre and also the procedures and methods for system up-date. Further on, the paper underlines the scope of public access to data kept in the system.
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    Administracyjnoprawne uwarunkowania działalności agroturystycznej. Studium prawnoporównawcze
    (Wydawnictwo Naukowe UAM, 2009) Kapała, Anna
    Polish legislation lacks the legal notion of agro-tourism. Neither, there is any legal act dealing with the issue in a complex way. Whereas in Italian law, agro-tourism activity is regulated by a separate act with all legal-administrative conditions contained therein. The aim of these considerations is to draw a relatively exhaustive outline of legal administrative conditions for exercising agro-tourism activity under Polish law. To meet this purpose an inquiry into various legal acts dealing with the issue is required. The author concludes by claiming that although it is possible to point at legal administrative conditions for agro-tourism activity with some of them being of similar - to Italian - detailed scope, but there exists no complex regulation, specifically designed for agrotourism activity. Therefore, the author finds it necessary and most appropriate to consolidate all provisions dealing with this form of tourism into one single act.
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    Jednostki certyfikujące jako podmioty kontrolujące i nadzorujące w rolnictwie ekologicznym
    (Wydawnictwo Naukowe UAM, 2009) Leśkiewicz, Katarzyna
    Organic farming forms a significant part of Community policy on quality of agricultural products. The control system in organic farming belongs to specific systems guaranteeing agricultural product quality. The activity of control bodies in organic fanning is highly important both for producers and consumers. The aim o f considerations is to determine the legal status of control bodies in control system of organic farming. For this reason, the author analyzes premises for control bodies participation in organic farming control system together with duties and powers attributed to them. The author concludes inter alia, that Regulations (EC) No 834/2007 and 889/2008 together with the draft Polish law on organic farming do not clearly set the legal status of control bodies. This refers to their role against public authorities when carrying out control in organic farming and the legal character of activities taken by them towards economic operators.
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    Z prawnej problematyki spółdzielczości w rolnictwie
    (Wydawnictwo Naukowe UAM, 2009) Suchoń, Aneta
    The aim of the paper is to determine whether and to what extent the legislator facilitates the formation and functioning o f agricultural cooperatives under the conditions of the new political and economic system. The author concludes, that the legislator strives for a better organization and functioning of cooperatives active in agriculture by gradually introducing changes to various legal acts, including the law on cooperatives of 16 September 1982. However, this legislative activity is not sufficient. Specific provisions on agricultural cooperatives could be incorporated into a separate law. Such law would have to contain rules on particular cooperatives operating in the field of agriculture, i.e. on farm cooperatives, agricultural production cooperatives, agricultural circle cooperatives, dairy cooperatives and so called producer group cooperatives.
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    Rękojmia za wady produktów rolnych
    (Wydawnictwo Naukowe UAM, 2009) Blajer, Paweł
    The aim of the paper is to elaborate the answer to the question whether traditional, civilistic institution of warranty against product flaws responds to contemporary circumstances under which the market in agricultural products functions. Further on, the purpose of the article is to find out whether specific regulation of the civil code on the warranty of certain agricultural products makes it possible to formulate a separate, agricultural law institution to be named “agricultural warranty”. Because then, it might be the subject of interest for agricultural law and not for the civil law. The author analyses the civil code regulations and compares the warranty institution with other liability regimes an agricultural producer may be subject to. The author concludes by noting the specificity of agricultural product warranty, but available arguments are insufficient to treat it as agricultural warranty. Currently, agricultural product warranty is only one of several other liability regimes an agricultural producer should reckon with. Besides, it seems that the meaning o f this institution is gradually decreasing.