THE LEGAL TECHNIQUE OF THE LAW OF THE REPUBLIC OF POLAND «ON THE PROTECTION OF NATURE» 1991

Abstract

The article deals with the legal technique of the introductory, main and final parts of the Law of the Republic of Poland «On the Protection of Nature» 1991. The Legal technique of the Law 1991 was based on the principle of systematic basis, according to which the environmental protection authorities consisted of three levels: a) the Minister of the Environment ; b) voivods; c) directors of parks. At the same time, the legal status of the directors of the parks was dualistic because, on the one hand, the director of the park is an employee of the service of the national park, and on the other – it has responsibilities as an employee of the nature protection agencies, whose activities are regulated by other regulatory and legal acts. The law provided for broad public participation in the protection of nature through: a) the creation of a state council; b) the council of voivods; c) public inspectors for the protection of nature. The presence of a significant amount of the powers of the Minister of the Environment and public organizations has been shown and the legal technique of the section devoted to the system of punishment for crimes and offenses in this sphere is considered. The legal technique of the Law was based on the principle of structuring, which determined the formal construction of the articles, which featured a pattern of offenses and a degree of responsibility for their commission. Among the disadvantages of legal technology should be considered appropriate: the absence of a preamble, violation of the logic of the material, the principle of payment for nature use, as well as the lack of clarification of the content of the terms of this legislative act. Calculations of quantitative indicators have shown that the greatest attention is paid to the questions of the forms of nature conservation, and the smallest – to the transitional situation.