The legal technique of the Polish Law „On the Protection of Nature” 2004

Abstract

The article deals with legal technique of Polish Law “On Protection of Nature 2004., examines its elements such as conformity of name and content of legal act, achievement of social adequacy, logic of presentative material, structure of legal act, quantitative indicators, objective approach, formal rules. Consideration of legal technique of this act shows that title of Law fully corresponds to content, which covers issues of forms of nature protection, protection of green zones, activities of bodies of protection and management of natural resources and their components, as well as fight against crime and offenses, with setting of penalties for such actions. The achievements of social adequacy include solution of urgent environmental problems that arose in beginning of XXI century in Poland. Consideration of content of Law shows absence of logical construction in system of presentation of material. The structure of this Law consists of three levels of hierarchy: the law – a chapter – an article, with its content includes 13 chapters and 162 articles. Calculation of quantitative characteristics – total number of signs – showed that their number is equal to 259 606 signs. Therefore, Polish Law of 2004 in its volume far exceeds similar acts adopted in post-Soviet countries: Ukraine - 3.4, Russia – 1.4, Belarus – 1,3, Moldavia – 3,3 times. The object approach has been reflected in Polish Law only partly because it focuses on protection of national parks, botanical gardens, green areas, forests, and zoos, but Law does not include sections on protection of land, water, air, subsoil, groundwater. The formal rules were observed in content of Law, because act has name, which is its identifier, details, including type of document, date of acceptance, registration number.