Józef Hernik

Cadastral system in the Russian Federation after the modern transformation

The paper presents the notion and procedure of cadastral registration of land and real property objects in the Russian Federation. Russia has gone through significant changes in cadastre over the last dozen years. Introduction of the State Real Property Cadastre Act in 2007 was a corner stone in this regard. Today, the cadastre encompasses all types of real property. The goal of this paper is to present the modern cadastre in the Russian Federation, which has been introduced to keep record of real property. Additionally, the cadastre collects information on the number, surface area, quality and use of land and other real property objects. Data in the state register are used to carry out administrative tasks, protect and use land in an effective manner, plan agricultural management and also to ensure proper location and specialisation of production. The study has shown that the cadastre implemented in Russia essentially achieves its goals and completes the tasks it was given, but its organisation requires further development and improvement.

Zmiana przeznaczenia gruntów rolnych na cele nierolnicze w Rosji i Polsce

The purpose of this article is to analyse the changes in agricultural land use for non- agricultural purposes in Russia and Poland. In the beginning the definition of agricultural land was given, which is in force in Poland and Russia. We analysed existing procedures related to land use change in both countries. It also provides specific cases and the rules by which in Russian Federation it is possible to change the destination of lands, as well as describes the administrative procedure which precedes an administrative decision in this matter. The article also lists cases in which Poland on agricultural land use for non-agricultural purposes

Understanding the cadastre in rural areas in Poland after the socio-political transformation

Abstract The paper looked into the issue of the validity of the cadastral data for rural areas in Poland after the socio-political transformation in 1989. Hence, the current state of the cadastral data and its consequences were discussed. The aim of this paper was to present the update status of cadastral data for rural areas in Poland, to describe a model example of cadastre modernisation (a case study of Michałowice) and to stress the necessity of ‘active cadastre-keeping’ in future. Analyses were based on a model example of cadastre modernisation and assessment of its results in the rural Municipality of Michałowice, Poland. Reasons for the decision of the local authorities to modernise the cadastre, society response, and positive and negative aspects of the modernisation were discussed. The authors stress the fact that future passive keeping of real estate cadastre by the authorities may entail outdated data despite any past modernisations.

Socio-spatial conflicts caused by an unfavourable rural structure and out-of-date Land and Property Register

Abstract This article addresses the issue of conflict situations caused by an out-of-date Land and Property Register (LPR) and the disadvantageous structure of rural areas in southern Poland. In this part of the country, holdings are very fragmented and scattered, made up of a large number of small surface area plots located far from the headquarters of the holding. The aim of the article is to present actions that can help improve rural spatial structure and validity of the land register. The authors have, therefore, analysed the problems that may result in both spatial and social conflicts. The following were analysed in particular: discrepancies between data in the LPR and the existing factual state, plots without access to public roads, property ownership structure, the necessity to regulate property boundaries, and problems with the procedure for taking land out of agricultural production. The article presents both positive and negative effects of the land consolidation and exchange process, modernisation of the Land and Property Register, and their impact on socio-spatial conflicts. Its results indicated that the land consolidation procedure and LPR modernisation have a significant impact on socio-spatial relations in rural areas. It has been found that despite the fact that both these activities may give rise to new disputes in addition to resolving conflicts, the overall balance is positive. It is because more positive aspects of these actions were found than negative consequences.

Archiving the Complex Information Systems of Cultural Landscapes for Interdisciplinary Permanent Access – Development of Concepts

European countries are characterised by valuable cultural landscapes that have gradually evolved through the interaction of people and the natural landscape, their survival being protected by traditional ways of land use. As the traditional forms of land use has changed, particularly over the past four decades, these valuable cultural landscapes are threatened and in places are facing extinction. Such landscapes often cannot compete with more urgent needs on the level of planning and the implementation of important infrastructural developments, together with the needs and requirements of modern agriculture. This contribution introduces the ad hoc concept of selective historic landscape characterisation programmes leading to the concept of systematically archiving the complex information systems of cultural landscapes for permanent interdisciplinary access prepared on the basis of empirical studies. Much of the data acquired is related directly to specific infrastructural projects and largely neglects the requirements for other similar projects that might arise in the future such as flood protection, climate change. It is considered that the interdisciplinary archiving of landscape elements and entire cultural landscapes is an opportunity to combine practice, through economic drivers, effects, and implications, with science through the development of an interdisciplinary approach to cultural landscapes.

Impact of land reform on sustainable land management in Ukraine

The paper describes the current conditions, process, and consequences of the land reform in Ukraine, and goes on to determine their impact on the support for sustainable land management. The research reveals the importance of land development as the main instrument for sustainable land management in Ukraine, which should involve implementation of land policy, organization of rational use and protection of land, land improvement, crop-engineering, and anti-erosion measures. In the present paper, we argue for the measures of sustainable management, which are secured by the development of the programs of land organization, and we present technical and economic reasoning for the use and protection of land in administrative-territorial units, land development projects, as well as environmental and economic arguments for crop rotation and land management, implemented within work projects of land organization at regional, provincial and local levels. Structural instability of the establishment of agrarian formations of a new type, which are basically grounded in the fundamentals of land lease, is caused by a permanent delay on the moratorium for the sale of land parcels by the owners of land shares. It forces most of those owners to engage in economic activity without any pre-existing projects of land organization, which would provide ecologically safe organization of the leased land exploitation. Nowadays, the use of the leased land parcels, and growing of agricultural crops on those parcels, is performed mainly according to the market conjuncture and without any management methods, which would be necessary for securing land protection and maintaining soil fertility.

Preventing and resolving social dissatisfaction in spatial management in rural areas

The paper addresses the issue of dissatisfaction related to spatial management in rural areas illustrated with an example of southern Poland. In this region, the spatial structure of rural areas is poor, which results, e.g., from substantial fragmentation and scattering of land. Additionally, the Land and Property Register, also known as the real property cadastre for the area is not up to date, and fails to meet social expectations, in particular those regarding the ownership title. Being the basis for calculating the property tax, this register should be reliable and regularly updated, which unfortunately is not always the case. These circumstances may often lead to social dissatisfaction. The aim of the paper is to present surveying and legal processes that may influence prevention and resolution of causes of dissatisfaction and, at the same time, improve the spatial structure of rural areas. The authors have analysed the problems that may result in potential dissatisfaction. The results show that there are activities that may limit or prevent disputes. These include such actions as modernisation of the Land and Property Register or the land consolidation and exchange procedure, including the range of negative impact of motorways.

The Integration of Modern and Traditional Agriculture in the Cultural Landscapes of Poland

Integration of modern and traditional agriculture in the cultural landscapes of Poland is related to the big events of recent decades, i.e. to socio-political transformation that took place in 1989 and EU accession in 2004 since these big events shaped the policies influencing the integration. The transformation officially restored the idea of private property and EU accession brought EU law into Polish legal system. Integration of modern and traditional agriculture in the cultural landscapes is strictly related to the policies. The most important policies in respect to agriculture and landscapes are planning, land use and taxation policies. Other important aspects are economic pressures and demographic changes. All these factors must be regarded in a perspective of a country that still has marks of past socialist times. The paper analyzes the policies and factors related to current condition of Polish cultural landscapes and attempts to interpret how they influenced the integration of modern and traditional agriculture in the cultural landscapes.

Die Transformation ländlicher Räume in Polen

Polen zeichnet sich in landlichen Gebieten durch eine grose Vielfalt und Eigenart von Kulturlandschaften aus. Dieser Vielfalt, die potenziell zu einem relevanten Entwicklungsfaktor dieser Gebiete werden kann, sollten Schutzmasnahmen entsprechen (Hernik 2011). Die Art und Weise, wie die Einwohner uber Jahrhunderte hinweg den Boden bearbeitet haben, hat zu einer beachtlichen Landschaftsvielfalt und differenzierten Landnutzung gefuhrt. Die Landschaften uben Einfluss auf die Identitat der jeweiligen Region aus und die landschaftliche Mannigfaltigkeit ist ein wichtiger Bestandteil des Kulturerbes. Die Kulturlandschaft ist nicht nur aus erkenntnishistorischer und asthetischer Sicht sowie zur Erhaltung des biologischen Wertes wertvoll, sondern mag auch aus wirtschaftlichen Grunden von grosem Interesse sein.

Zur Bedeutung materieller Objekte bei der Konstitution von Heimat – unter besonderer Berücksichtigung von Objekten deutschen Ursprungs aus der Teilungsära Polens

Heimat ist ein Begriff, der in den vergangenen Jahren eine politische, wissenschaftliche, aber auch gesamtgesellschaftliche Aktualisierung erfahren hat. Haufig wird ein (zumeist naturalistisch verstandener) Heimatbegriff fur die Legitimation von Schutz- und Erhaltungsvorstellungen (z. B. im Natur- und Denkmalschutz) herangezogen (Piechocki 2010). Ein von – insbesondere in Deutschland auch aufgrund seiner historisch-politischen Belastungen – Kondensat zu ‚regionaler Identitat‘ wird in den Kontext von regionaler Entwicklung gestellt (vgl. exemplarisch: Blotevogel, Heinritz u. Popp 1989). Heimat spiegelt sich auch in der materiellen Welt wider. Dies bedeutet, dass der Wandel der materiellen Objekte eine rekursive Verbindung mit gesellschaftlichen Vorstellungen von Heimat aufweist.