The Law Standards Determining the Sustainable Forest Management for Economic Purposes

Sebastian Bentkowski
University of Warmia and Mazury in Olsztyn (s.bentkowski@interia.pl).

Law and Forensic Science, Volume 14 (2017/2).

Submitted: November 15, 2017.

The author declares there is no conflict of interest.


Abstract: The purpose of this article is to present factors determining the sustainable forest management of timber harvesting for economic purposes in legal and administrative terms. The Polish legal standards and European regulations adopted system solution in order to ensure proper forest management, especially in the area of timber harvesting for economic purposes. The basic elements of such a system include: (a) authorities responsible for the supervision and control system logging, institutions managing forests also authorities and institutions responsible for monitoring and assessing compliance with the rules of timber harvesting from legal sources while preserving the principles of sustainable forest management, (b) the principles of sustainable forest management and the rational management of forest resources, including a requirement to create forest management plan, a simplified plan / inventory and obligation of marking wood before the sale, (c) the rating system, risk management system, information flow, monitoring the process of acquiring and placing timber on the EU market, (d) types of sanctions for non-compliance with the principles of sustainable forest management, including responsibility for damages (civil law), penalties and administrative charges and sanctions in the form of penalties for offenses. EU law regulates in some detail the purposes, principles, criteria, forms and range of supervision and control of the legality of logging, which proves the importance of this kind of approach to ensure sustainable forest management. Polish regulations refer indeed to EU law standards, but some elements of the supervisory and control system are regulated too general. These include the lack of regulations concerning provisions concerning the conduct of the legality of timber harvesting, rules for supervision, directory admissible evidence, and rules of cooperation between authorities. On the other hand should be assessed positively adopted in EU law and Polish law in structure of the control and supervision of logging in terms of the subject. While creating this structure was used a suitable hierarchy of authority and were assigned the appropriate powers and tasks, maintaining praxeological principles of building structures. This system consists of the European Commission, Member State authorities (Minister for Environment, District Governor, and Customs Service) and external entities (monitoring organizations and operators who place timber and derived products on the market).

Keywords: environment, control, timber

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