scholarly journals Origin and Development of Domestic Forest Legislation in the XVIII Century

nauka.me ◽  
2017 ◽  
pp. 0
Author(s):  
Artem Mokhov

The article analyzes the main features of the formation and development of Russian forest law in the XVIII century. It is noted the main directions of the forest policy of the Russian Emperors in this period . Сonclusion is drawn about the existence at the time of adoption in 1802 the specialized Forest Charter of the whole complex of normative forest management acts.

2016 ◽  
Vol 4 (12) ◽  
pp. 0-0
Author(s):  
Юлия Шуплецова ◽  
Yuliya Shupletsova

Presented article is the result of study of the issues of legal regulation of forest exploitation in the Russian Federation made by the author. The work substantiates the position according to which the use of forests is a form of realization of the subjective rights of forest management. Forests are the main natural resources of Russia and of the world. Despite the fact that the forests are renewable natural resource, their protection from damage and destruction during use is one of the most important tasks of the forest law. The author concludes that taking into account features of object of legal regulation, in the process of implementation of right for the forest management responsibilities of the right holder are essential. The article also examines the main types of forest use envisaged by the forest legislation of the Russian Federation, as well as legal problems arising in the implementation of forest management by different actors of economic and other activities. The author analyzes a number of subordinate normative legal acts and court decisions to identify legal uncertainties and gaps in the forestry law.


2018 ◽  
Vol 10 (12) ◽  
pp. 4841 ◽  
Author(s):  
Yitagesu Tekle Tegegne ◽  
Mathias Cramm ◽  
Jo Van Brusselen

Sustainable forest management (SFM) is a concept that guides forest management and policy globally. Over the past decades, two prominent regimes have emerged at the global level that can strengthen SFM: The European Union's Action Plan on Forest Law Enforcement, Governance, and Trade (FLEGT) and the United Nations’ mechanism for reducing emissions from deforestation and forest degradation in developing countries, and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries (REDD+). However, the understanding of how FLEGT and REDD+ can interlink with SFM to strengthen forest policy coherence is limited. Enhancing knowledge about interlinkages and synergies is important in view of recent global commitments to strengthen policy coherence. This study employed content analysis of the main global policy documents related to FLEGT and REDD+ to identify (i) the potential contributions of the two regimes to SFM, and (ii) strategies to manage the interlinkages among SFM, FLEGT, and REDD+. The results revealed several potential interlinkages, such as monitoring, reporting, and verification systems, establishing the enabling conditions of SFM, and addressing drivers of forest degradation. However, the interlinkages must be managed if their potential is to be realized. For this, the study proposes three approaches to managing the interlinkages and catalyzing progress toward SFM.


2003 ◽  
Vol 154 (7) ◽  
pp. 243-248
Author(s):  
Heinz Kasper

Conditions in the canton of Argovia for efficient forest management are relatively good. The natural conditions and the present condition of the forests allow a high degree of sustainable yield with a high proportion of valuable, goodquality wood. The character of the new Argovian Forest Law is liberal and grants a great measure of freedom to forest owners in organisational and managerial matters. The progress in rationalisation achieved by restructuration over the past ten years has been considerable, but largely cancelled out by falling wood prices. Future development will depend, not least, on the goals and values of the political authorities as the largest group of forest owners.


2021 ◽  
Vol 4 ◽  
pp. 41-46
Author(s):  
V. V. Chernykh ◽  

The article highlights the formation and improvement of Russian forest management during the XVIII–XIX centuries. The birth, functioning and main stages of the state legal institute of the Russian Empire-the Forest Department. The contribution of the leaders of the empire to the improvement of forest legislation, the development and improvement of forest state policy is noted, the activities for the conservation, protection and restoration of forests of the Russian Empire are considered. The main legislative initiatives and changes in the forest industry, improvement in the management structure of the Forest Department are monitored. The imperial decrees and resolutions of a forest nature, on the creation of a forest management system, the organization of the forest guard, the recruitment of the forest department are considered, the emperor’s desire to ensure the integrity of forests is emphasized. The main stages of the forest department’s activity are analyzed, highlighting special achievements in the field of forest legislation and state measures for the implementation of forest management and forest protection works


2014 ◽  
Vol 165 (5) ◽  
pp. 105-112
Author(s):  
Willi Zimmermann

Annual review of forest policy 2013 At the federal level, forest policy in 2013 was marked by a high number of implementation tasks on the one hand, and by the preparation of a renewed revision of the Forest Law on the other hand. The latter involved not only formal changes to individual legal articles, but also new regulations to protect against dangerous and harmful organisms, about the advancement of timber production and climate change adaptation. The traditional implementation tasks in 2013 included the approval of the budget, the controlling of different program agreements, the processing of parliamentary interventions as well as providing diverse documents. Particularly noteworthy this past year was a Federal Court decision, which, in contradiction to the cantonal lower court, classified test-drilling in a forest as a disadvantageous non-forest exploitation that requires authorization. At the international level, the adoption of a European Forest Convention was hindered primarily because the decision about the location of the secretariat stalled. In terms of forest-relevant policies, particularly spatial planning and energy policy can be expected to have noticeable effects on forests.


2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.


2015 ◽  
Vol 166 (4) ◽  
pp. 238-245
Author(s):  
Willi Zimmermann ◽  
Kathrin Steinmann ◽  
Eva Lieberherr

Annual review of Swiss forest policy 2014 Swiss forest policy in 2014 was marked by the passage of the Federal Council's message and draft of an amendment of the Forest Law, which was also treated by the Council of State's Commission for Environment, Spatial Planning and Energy and by the Council of State itself. This revision affects more than 20 articles of the current Forest Law. Despite these numerous alterations, the revision has not caused major debates. The forest-relevant parliamentary interventions decreased drastically in 2014, but since the beginning of 2015 a countertrend is notable. The forest budget remained practically the same as in previous years. The number of federal court decisions in relation to the forest sector has stayed small. Yet there are increasingly significant cantonal court decisions in this domain. In terms of broader forest policy, the public administration has mainly undertaken new standpoints regarding spatial planning and energy policies.


2011 ◽  
Vol 162 (5) ◽  
pp. 137-145 ◽  
Author(s):  
Willi Zimmermann

In 2010, there were no major forest policy issues that attracted media attention. The year 2010 was rather marked by the preparation of decisions “offstage” and by recurring administrative implementation activities. The partial revision of the forest law, which has been launched, can be regarded as special, because it is not a routine affair: the Committee for the Environment, Spatial Planning and Energy of the Council of States decided to revise particularly article 7 (compensation for deforestation) and article 10 (assessing forest status) of the forest law, and thus loosen the strict regime for forest conservation. Concerning the sectoral policies related to forest, the parliament took the law on spatial planning (RPG) one step further towards its revision. With the proposed revision of the spatial planning law's article 5 (value-added charge) a forest policy relevant article is now up for discussion. Different forest relevant topics on the international political agenda were discussed during the two international conferences on biodiversity and climate convention just as during the treatment of the alpine and the landscape convention. Next year the discussions will presumably be about the future forest conservation policy.


2000 ◽  
Vol 151 (12) ◽  
pp. 472-479 ◽  
Author(s):  
Ingrid Kissling-Näf

A group of international experts evaluated whether the aims and instruments of Swiss forest policy are suitable for the promotion of sustainable forest management based on the pan-European criteria. Approach and main results are presented as well as the method developed for the definition of sustainability indicators as an instrument for the evaluation of sectoral policies and the possibility of a transfer of methods and indicators on an international level.


2012 ◽  
Vol 163 (5) ◽  
pp. 145-154 ◽  
Author(s):  
Willi Zimmermann

Annual review of Swiss forest policy 2011 The revision of the Forest Act, the adoption of the Forest Programme 2020 by the Federal Council as well as the preparation of the second contribution period of the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFE) shaped, in addition to the routine business, the forest policy of 2011. The parliamentary initiatives on forest and forest policy issues remained of about the same amount as in previous years, while the Federal Court decisions on forest legislation have declined significantly. In various forest-related sectoral policies, the government and parliament made important decisions. In climate policy, the Parliament adopted the CO2 Law. However, this has not yet happened to the revision of the Spatial Planning Act. In nature and landscape policy, the administration has prepared the Swiss biodiversity strategy so far that the Federal Council could send it out for consultation. The revision of the Hunting Regulation, with changes in the management of large carnivores, is nearing adoption. At the international level, the Federal Council has submitted the European Landscape Convention to the Parliament for ratification, and the European forestry ministers have agreed to the preparation of a European Forest Convention.


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