Charakter prawny i finansowanie zadania polegającego na wydawaniu zezwoleń na usunięcie drzew lub krzewów przez marszałka województwa
The Instrument and Financing the Task of Issuing Permits to Remove Trees or Bushes by the Province Marshal

Summary/Abstract: The aim of this study is to determine the legal nature of the task marshal of the province of issuing permits for the removal of the tree or shrub, inspect before authorizing the removal of the tree or shrub on the occurrence within them protected species, calculation and collection of fees for issuing a permit for tree removal or shrub, issuing a decision imposing an obligation to perform replacement plantings, imposing administrative fines for: the removal of the tree or shrub without the required permit, the removal of the tree or shrub without the permission of the property, the destruction of the tree or shrub, tree damage caused by the execution of works within the tree crown. In the opinion of the author it does not bear the characteristics of their tasks, as been settled in the Nature Conservation Act and the nature of the task is commissioned. Prescribe whether the task is to be executed as its own or commissioned by the local government also determines the manner of its financing. Adequate to the legal nature of the tasks carried out by the marshal of the province form of financing its implementation should be a form of special-purpose subsidies from the state budget, which the legislator did not foresee, and which in turn raises constitutional questions.

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