DOI: https://doi.org/10.21564/2414-990x.143.146543

The legal technique of the Polish Law „On the Protection of Nature” 2004

Олександр Васильович Патлачук

Abstract


The article deals with the legal technique of the Polish Law “On the Protection of Nature" 2004., examines its elements such as the conformity of the name and content of the legal act, the achievement of social adequacy, the logic of the presentative material, the structure of the legal act, the quantitative indicators, objective approach, formal rules. Consideration of the legal technique of this act shows that the title of the Law fully corresponds to the content, which covers issues of forms of nature protection, protection of green zones, activities of the bodies of protection and management of natural resources and their components, as well as the fight against crime and offenses, with the setting of penalties for such actions. The achievements of social adequacy include the solution of urgent environmental problems that arose in the beginning of the XXI century in Poland. Consideration of the content of the Law shows the absence of logical construction in the system of presentation of the material. The structure of this Law consists of three levels of the hierarchy: "the law – a chapter – an article", with its content includes 13 chapters and 162 articles. Calculation of quantitative characteristics – the total number of signs – showed that their number is equal to 259 606 signs. Therefore, the Polish Law of 2004 in its volume far exceeds the similar acts adopted in post-Soviet countries: Ukraine - 3.4, Russia – 1.4, Belarus – 1,3, Moldavia – 3,3 times. The object approach has been reflected in the Polish Law only partly because it focuses on the protection of national parks, botanical gardens, green areas, forests, and zoos, but the Law does not include sections on the protection of land, water, air, subsoil, groundwater. The formal rules were observed in the content of the Law, because the act has the name, which is its identifier, details, including the type of document, the date of acceptance, the registration number.


Keywords


law, legal protection of nature, quantitative indicators, public authorities, local self-government

References


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ISSN 2224-9281