Žemės ūkiui naudojamų žemės sklypų paskirties keitimo pagrindimas

Abstract

The title of this study: The Background of Changing of the Principal Specific Purpose of Land Use Designated for Agricultural Purposes. The main definitions: Territorial planning - a process and procedure for regulating the land use planning for defining the intended purpose of the territory and land use, the priorities, the environmental, monument protection and other conditions, for developing a system of land, waters, residential areas, industry and infrastructure, for regulating the population employment, and for determining the rights of natural and legal entities engaged in the development of the territory. Master planning - a comprehensive planning for establishing the priorities, objectives and strategy in the use of a territory. Detailed planning - planning of parts of the municipality territory for establishing the conditions, rights and obligations in using a land plot and developing an activity in it. Documents of territorial planning - documents prepared and approved in a manner prescribed by Law (plans, projects and schemes) in which information about the territories, land plots or their groups, the needs, conditions and procedures for their management and development have been set out in writing and graphically (on a cartographic basis). Currently according to the principal targeted purpose of the land use the land stock of the Republic of Lithuania is divided into the following parts: agricultural land, land for forestry, aquacultural land, conservation land, and land for other purposes. Valid legal acts stipulate strict limitations of the change of land purpose. Owners of the land may use the land for other purposes than it was established acquiring the land into ownership only when the County Governor makes a decision to change the principal targeted purpose of the land use. Whereas it is necessary for various economic sectors that legal acts would without additional bureaucratic restrictions ensure an urgent meeting of requirements of land lots of respective purpose; and opinions emerge suggesting to liberate procedures for change of targeted purpose of the land or even to totally abandon establishing of the targeted purpose in the legislation. The problem of this research is the contradiction between the legal regulation which defends the public interest and local (private, commercial) interests. The aim of the research is to ascertain the conformity of legal regulation of change of purpose of the land lots to the Constitution, and to analyse what stages have the greatest influence on the duration of the process of the change of purpose. The author raised the following hypothesis: „provisions of laws and other legal acts, and bureaucracy of institutions and officials restrict unfoundedly constitutional rights of persons to handle the belonging property – land – unhinderedly and in their own discretion; therefore the existing order should be liberalized“. During the research the hypothesis was partially founded: it is purposeful to develop legal regulation, but unfounded liberalism should be avoided. This work emphasizes that a legislator restricting rights of land owners seeks to keep the balance of social, economic, and ecological development of the state territory; to form a healthy and harmonious residential, working, and recreational environment; to protect, use rationally, and recreate natural resources, natural and cultural heritage treasures, recreational resources etc. Restrictions or prohibitions established in laws and analysed in the research are constitutionally founded; they do not restrict rights of land owners and other persons more than it is necessary for achievement of universally important goals. The author suggests to introduce results of similar researches to the public. It would help to reduce the tension and distrust in authorities.