Area: Kmetijstvo
Competent authority: MNZ, MOP
EZU URL: .nan
Initiative ID: 69
Initiative accepted and completed: '2013-01-07'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2012-12-04'
Initiative published: '2012-12-04'
Initiative submitted: '2012-12-04'
Response from the competent authority: With regard to the submitted initiative No
  69 for administrative relief or simplification of procedures concerning the work
  of the ACGF of the RS, we would like to reply as follows. The immovable property
  owned by the Republic of Slovenia is managed by the Government of the Republic of
  Slovenia, unless otherwise provided for by a specific law in respect of individual
  immovable properties. The Fund of the State Enterprise Fund of the Republic of Slovenia
  has been granted by law the public authority to manage and administer agricultural
  land, farms and forests owned by the Republic of Slovenia. Thus, on the basis of
  Article 4 of the CKF, the Fund manages these lands in accordance with the adopted
  development policy of the Republic of Slovenia, the regulations and its own acts.
  As the authorised manager of agricultural land and forests owned by the Republic
  of Slovenia, the Fund, within the framework of the tasks conferred upon it, also
  leases out the agricultural land it manages. The procedure and conditions for leasing
  agricultural land are defined in the Agricultural Land Act and, in general, in the
  Code of Obligations. Anyone wishing to lease agricultural land, whether a natural
  or legal person, is obliged to proceed in the manner set out in the above-mentioned
  laws. Chapter IV - Lease of agricultural land of the CCL provides that if the lessee
  plants permanent crops without the lessor's consent, he has no right to reimbursement
  of the unamortised value of the crops at the termination of the lease. Upon termination
  of the lease, the permanent crops, buildings and installations belong to the lessor
  without compensation if they were planted without the lessor's consent. Unless otherwise
  provided in the lease, the lessee may erect ancillary buildings on the leased land
  for the efficient use of the land. The basis for the lessor's consent to the erection
  of a greenhouse on leased land is to be found in Chapter IV of the CCL and in the
  lease agreement, by which the lessor and the lessee contractually regulate their
  mutual relations arising out of the specific lease. It is the right of the owner
  or operator of the land to be leased to define, in accordance with the CCL and the
  internal rules, in the offer for lease and the lease contract concluded on the basis
  of the offer for lease, the terms and conditions of the lease, which the lessee,
  by accepting the offer for lease and signing the contract, accepts in its entirety.Leasing,
  as a bilateral contractual relationship, is regulated by the Code of Obligations,
  while the specifics of the leasing of agricultural land and the permissibility of
  the planting of permanent crops and the erection of various buildings on agricultural
  land are regulated by Article IV of the Law on Agricultural Land. The area of leasing
  and the resulting rights and obligations fall within the sphere of civil law relations,
  which are regulated by contract. For the reasons explained above, the leasing of
  agricultural land and farms and the obligations and rights arising therefrom do
  not constitute an administrative matter, which Article 2 of the ZUP states to mean
  a decision on a right, obligation or legal interest of a natural or legal person
  or another party, in the field of administrative law. Since the lease and the rights
  and obligations arising therefrom fall within the sphere of civil law matters (contract
  law), this means that they do not fall within the sphere of administrative law and
  are therefore not an administrative matter. Therefore, the consent for the development
  of leased agricultural land administered by the Fund, on the basis of an application
  by the lessee, is also governed by a contractual agreement, and the legal conditions
  for the conduct of an administrative procedure are not fulfilled.
Text file: 69.txt
Title: Operation of the ACGF Fund
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=69
