Spor Lesů České republiky, s. p., se správními orgány o včasnou reakci na kůrovcovou kalamitu

Abstract

The bark beetle calamity that hit the Czech Republic has been reflected, among other things, in the approach of administrative authorities and courts reviewing administrative acts. The article is an expert report that provides information on the judgment of the Municipal Court in Prague, which reflects the current approach of the courts to the assessment of offences consisting in neglect of forest care during the bark beetle calamity. The example of the state entity shows how this entity uses technical and professional security in the case of forest care during a bark beetle calamity. By analyzing the court decision, it was concluded that it is necessary to strictly comply with the obligations of the forest manager or owner to ensure forest protection against bark beetle calamity, but it should not become a precedent against small owners who do not have the personnel and technical capabilities of large forestry companies. According to the conclusions, it is evident that the court decision imposes high requirements on the forest owner, which the small owner is not able to meet. The article invites a discussion on whether the state should take a more active role in measures against bark beetle calamities.