Protest of the Prosecutor as a Tool of Agricultural Land Protection

Ján Gaduš 1
  • 1 Slovak University of Agriculture in Nitra,

Abstract

The prosecutor’s protest is a legal mean by which the prosecutor supervises the observance of law by public authorities. District offices, cadastral departments decide on the deposit of property rights to real estate, as well as on ownership rights to agricultural land, and also decide on the protest of the prosecutor. If the relevant District office, cadastral department, or its superior authority does not remove the non–compliance by issuing a decision or a measure that complies with the law, the prosecutor may bring the case to court. The court may annul the contested decision or measure. The aim of the paper is to collect and analyse data and evaluate the institute of prosecutor’s protest as an effective tool of agricultural land protection in connection with its acquisition or transfer. The paper compares the individual years in the observed period of time and also compares different regions in Slovakia. The result is a comparison and evaluation of the observed time periods.

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  • 1. Act No. 175/1999 Coll. on certain measures concerning the preparation of significant investments.

  • 2. Act No. 153/2001 Coll. on prosecution.

  • 3. Act No. 140/2014 Coll. on the acquisition of agricultural land.

  • 4. Explanatory Memorandum to the Act No. 140/2014 Coll. on the acquisition of agricultural land.

  • 5. HOFFMANN, M. 2010. Prokuratúra SR – orgán ochrany práva. Bratislava: EUROKÓDEX, s.r.o., p. 88.

  • 6. HOMOLAC, L. – TOMSIK, K. 2016. Historical development of land ownership in the Czech Republic since the foundation of the Czechoslovakia until present. In Agric. Econ. – Czech, 62: 528–536.

  • 7. KOBZA, J. 2015. Permanent soil monitoring system as a basic tool for protection of soils and sustainable land use in Slovakia. IOP Conf. Ser.: Earth Environ. Sci. 25 012011.

  • 8. POUTA, E. – MYYRÄ, S. – PIETOLA, K. 2012. Landowner response to policies regulating land improvements in Finland: Lease or search for other options? In Land Use Policy, vol. 29, no. 2, pp. 367–376.

  • 9. SCHWARCZ, P. – BANDLEROVÁ, A. – SCHWARCZOVÁ, L. 2013. Selected issues of the agricultural land market in the Slovak Republic. In Journal of Central Europe Agriculture, 14(3), pp. 1102 – 1115.

  • 10. SVÁK, J. – BALOG, B. – POLKA, L. 2017. Orgány ochrany práva. Bratislava: Wolters Kluwer.

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