Publication date: 11.07.2024
Liability for violation of the rules for the provision of forestry services
Forestry activities play a key role in ensuring environmental stability, biodiversity conservation and sustainable use of natural resources. The quality of forestry services has a direct impact on the country's environmental status and the well-being of the population. Failure to comply with the established rules in this area can lead to serious environmental and economic consequences. In this article, we will consider the main aspects of liability for violation of the rules for the provision of forestry services, the regulatory framework, types of liability and the procedure for bringing to liability.
Legal and regulatory framework
The provision of forestry services in Ukraine is regulated by several key legal acts:
TheForest Code of Ukraine:
- The main law that defines the legal, organisational and economic principles of forestry, establishes requirements for the organisation and conduct of forestry activities, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for the protection and use of forest resources, protection of biodiversity and environmental safety.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including users of forestry services, establishes consumer rights, obligations of service providers, and the procedure for complaints and consumer dispute resolution.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of forestry activities, establishes requirements for entities providing forestry services and mechanisms for controlling their activities.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and providers of forestry services, defines rights and obligations of the parties, and mechanisms for consumer protection.
Code of Administrative Offences (CAO):
- Provides for administrative liability for violation of the requirements of the legislation on forestry and protection of forest resources.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of forestry, including illegal deforestation, violation of forest use rules and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules of Forestry":
- Establishes detailed rules for forestry, the procedure for organising and conducting forestry activities, requirements for equipment and worker safety.
Major violations of the rules for the provision of forestry services
The main violations of the rules for the provision of forestry services may include:
Illegal deforestation:
- Felling without a licence or permit, felling trees in prohibited areas or in excess of permitted levels.
Failure to complywith safety rules:
- Violation of safety requirements during the organisation and conduct of forestry operations, which can lead to injury or death of workers or other persons.
Inadequatequality of services:
- Provision of services that do not meet the established quality standards, non-compliance with the terms of the contract between the client and the organiser of forestry services.
Violation ofconsumer rights:
- Refusal to provide information about services, deception regarding the quality or cost of services, failure to fulfil warranty obligations.
Violation of environmental standards:
- Failure to comply with environmental standards and requirements for the conservation of forest resources, causing damage to natural ecosystems.
Types of liability for violation of the rules for the provision of forestry services
Violations of the rules for the provision of forestry services can lead to different types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of forestry and forest resource protection legislation, non-compliance with quality standards, violations of consumer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of a business entity.
Civil liability:
- Civil liability is incurred in case of material or moral damage to clients as a result of improper provision of forestry services. Customers have the right to seek compensation through the courts. Liability may include compensation for material damage (cost of improperly provided services, costs of restoration of forest resources, etc.) and moral damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for crimes such as illegal logging, violation of forest management rules that result in severe environmental or human health consequences. Sanctions may include fines, imprisonment, and a ban on certain activities.
Procedure for bringing to liability
The procedure for holding business entities and their employees liable for violations of the rules for the provision of forestry services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences can be detected during inspections by regulatory authorities (State Agency of Forest Resources of Ukraine, State Service of Ukraine for Food Safety and Consumer Protection) or by customer complaints. In case of violations, an administrative report is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, clients may file a lawsuit for damages. The court examines evidence of improper forestry services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court decides on the compensation of damages.
Criminal procedure:
- In the case of forestry crimes, victims or other interested parties may file a criminal complaint with law enforcement agencies. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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