Особливості правової охорони лісів в Австрійському лісовому законі 1852 р. .

Abstract

The article considers the content and main provisions of the Austrian Forest Act of 1852, which was in force in the Ukrainian lands that were part of the Habsburg Empire, as well as regulations that preceded its preparation. Austrian law regulates in detail the need for reforestation, forest management, rafting and easements, with considerable attention paid to the restoration of forests, damage prevention and compensation for damage to this natural resource. The content of the act clearly distinguished between criminal, administrative and civil liability, and control over the implementation of the provisions of the act and prosecution of violators relied on the forest service, whose powers are reflected in the content of the law. Criminal liability was regulated in accordance with the Criminal Code, administrative – by establishing the signs of violations, which were set out in the annexes to the legislation. The Austrian Forest Act of 1852 was for its time an act prepared at a high level of legal technique and corresponded to the doctrine of rational and careful use of this natural resource. Legal liability for forest violations was regulated by the Austrian Law of 1852 by defining a list of violations. Moreover, Austrian law quite clearly distinguished between criminal, administrative and civil liability, and bringing to one of the types of liability did not release the offender from the need to compensate for damages. Liability for criminal offenses came under the Criminal Code of the Austrian Empire of 1852 and the Criminal Procedure Code of January 17, 1850, and from 1853 – the Criminal Procedure Code. The Austrian authorities took the training of this service very seriously and adopted a large number of regulations governing the education process. Thus, about 15 people were admitted to the Lviv Regional School of Forestry, 50% of them received scholarships and assistance from loans of the regional department or business association. The Galician Forest Society allocated scholarships for students from low-income families from its funds, the right to distribute which belonged to the management of the forest department. The school was directly managed by a three-member board of trustees. Its activities were controlled by the regional department. Immediately after the opening of the school worked two professors, and in 1888 the number of teachers increased to 8 people – four associate professors and two junior researchers.