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Articles

Vol. 126 (2021)

Implementation of some principles of correct legislation when creating selected forms of nature protection

  • Marcin Dorochowicz
  • Hubert Żurkiewicz
DOI
https://doi.org/10.19195/0137-1134.126.2
Submitted
December 21, 2021
Published
2021-12-21

Abstract

Establishing forms of nature protection must follow the principle of proper legislation. The purpose of this study is to determine how the lawmaker should implement this obligation. This includes the need to establish and document (through photographs and expert opinions) whether the material condition contained in the statutory authorization has been met. Next, are the forms of nature protection available for the protection of nature and the specific forms of protection assigned by the act, and in particular whether economic, persuasive, organizational measures or a less painful form of protection or a smaller territorial scope and a smaller scope of prohibitions are not sufficient. It would be correct to include these provisions in the explanations for the relevant act of local law. It is necessary to precisely determine the territorial limitations of the form of nature protection.

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