Journal of Modern Science (Apr 2023)
The principle of sustainable development and the legal protection of trees and shrubs
Abstract
Objectives As a research hypothesis, it should be assumed that the inadequate use of possible legal solutions by public administration bodies in the course of administrative proceedings for the removal of trees or shrubs does not fully realise the principle of sustainable development guaranteeing proper natural compensation. Material and methods The work has a theoretical and legal character. The basic research method used in the work is the dogmatic-legal method. Mainly theoretical views presented in the science of law as well as views presented in the jurisprudential practice were used. Results The purpose of the sustainability principle discussed is to pass on to future generations the world order of which we are transitory trustees. However, the momentous essence of this principle is that there are values to be protected in the environment and these undoubtedly include trees and shrubs. Where there are trees and shrubs, the issue of their removal is bound to arise at some point. For this reason, the administrative authorities with the power to decide whether or not to allow their removal should be guided by this principle and, when making a decision within the framework of administrative discretion, should first take into account the natural significance of the trees and shrubs and try to avoid their unjustified removal, and if this is necessary, properly balance the conflicting interests and, using the available legal instruments, make the subject subject subject to carry out replacement planting or replanting, so that the natural compensation is achieved in accordance with the principle of sustainable development. Conclusions Awareness of the role played by green areas, trees and shrubs is not matched by actions taken by the legislator and decisions taken by the bodies applying the regulations in this area.
Keywords
