Features Of The Legal Regime Of National Parks Under The Legislation Of The Republic Of Poland

Abstract

The article presents an analysis of one of the oldest and most important forms of nature conservation - National Parks, and their regulation in the legislation of the Republic of Poland. The material is based on the systematic interpretation of the Law of the Republic of Poland «On Nature Conservation», the analysis of scientific literature and the identification of some problematic issues of implementation of the prescriptions of the legislation in practice. Much attention is paid to the theoretical characteristics of National Parks, their place among other forms of nature conservation in Poland, the functions they perform. The issues of creation of the National Park, the regime of management of its territory, organization and zoning of the National Park have been consistently revealed. It also analyzes the bans fixed within the National Park and ensures its protection against external adverse effects. Problematic issues are raised related to the removal of land and real estate from private owners, the achievement of a compromise between private economic interests and public environmental interests. A comparison of the basics of functioning of National Parks in Poland and Ukraine is also partly presented.

The author focuses on the differences in the legal regime of national nature parks under the legislation of Ukraine and Poland. The Polish legislation does not distinguish as an independent recreational function and does not allocate separate recreational functions within the national park. At the same time, the organization of tourist routes and the provision of conditions for visiting the park is one of the tasks and a significant source of revenue for the national parks of Poland, and the number of visitors many times exceeds their number in the territories of the national parks of Ukraine. In the territory of the national parks of Poland (as in Ukraine) a combination of exclusive state ownership (in Ukraine - the property of the Ukrainian people) and private property is possible. At the same time, as in Ukraine, the most problematic issue is the acquisition of ownership of real estate (including private land) when creating or expanding the territory of national parks.