Legal factors to ensure the sustainable
management of forestry for economic
purposes
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Wyższa Szkoła Gospodarki Euroregionalnej
im. Alcide De Gasperi w Józefowie
Publication date: 2016-12-31
JoMS 2016;31(4):415-428
KEYWORDS
ABSTRACT
The purpose of this article is to present legal factors to ensure the sustainable
management of forestry for economic purposes. The Polish legal norms adopted
system solutions to ensure the proper forestry, especially in the area of timber harvesting
for economic purposes. Legal standards take into account at the same time
the need to protect values essential for the public interest. Such values may include
primarily the protection of forest resources and ensuring ecological safety. Legal determinants
of proper forestry include constitutional provisions defining the entities
and institutions managing forests and the authorities and institutions responsible for
monitoring and assessing compliance with the rules of obtaining wood from legal
sources while maintaining the principles of sustainable forest management, as well as
the authorities responsible for issuing permits for removal of trees and shrubs. The
rules of substantive law governing the principles of sustainable forest management
and the rational management of forest resources are also important. An important
factor determining the prevention of illegal logging is a system of sanctions for not
obeying principles of sustainable forest management, including liability for damages
(civil law), administrative penalties and charges as well as sanctions in the form of
penalties for offenses.
The legislator decided not to regulate in detail principles and standards of evaluation
system, risk management system, information flow, monitoring the process of
acquiring and placing timber on the EU market. Polish regulations in this regard
refer only to the specific EU regulations. As the European law is quite detailed in this
area, it seems necessary to settle as least some aspects in the Polish administrative
law concerning standards of monitoring and control of the process of acquiring and
placing on the Polish market wood from outside the European Union.