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среда, 16 февраля 2011 г.

A legislative initiative that will change the environment

On June 8 representatives of Ecological Law Centre arranged a press conference and acquainted the media with a new legislation initiative. According to this initiative in return for all cut-down trees new saplings must be planted.

In 2009 on September 18 on the 12th kilometer of Agmashenebeli Alley, at the bend of Didi Digomi 300 sets of healthy firs were cut down. Concerned by the fact the lawyers of the Ecological Law Centre appealed to governmental structures. The protest of the Centre had its result. Information came from the Inquiry Department of the Ministry of Environment Protection and Natural Resources, that George Omiadze was made answerable for the fact of illegal felling of timber. For the committed offence according to the first part of the 303rd paragraph of Georgia Civil Code Omiadze was to be fined a mortgage as a suppression measure. The damage caused to the environment was compensated by Omiadze himself in the amount of 17353 lari, also illegally cut down timber of 38,74 cubic meter passed into the State ownership.
 Despite the fact, that the guilty are punished for the inflicted offence, no one thinks to plant new saplings in the place of cut-down trees. Frequently the infringer is willing to pay a fine and afterwards dispose an object of public destination in the free of green plantation place. The number of administrative infringers is increasing annually. It is proved by the statistic data, which can be seen on the website of the Ministry of Home affairs. In the year of 2008 and in 2009 2305 facts of administrative infringement of the law were stated. The sum of fines is also increasing annually (the year 2008 – 1066317 lari, 2009 – 1422182 lari). If continued this way we will be left with no plantation at all. It is true that certain sums enter the budget this way, but at the same time the city is exposed to ecological danger. Ecological Law Centre comes forward with a legislative initiative to bring alterations in the 64, 641 and 151 paragraphs of the Administrative Code and in the 303 and 304 paragraphs of the Criminal Code infringements. In particular, the person guilty of illegal tree-felling as an administrative and criminal liability must be additionally charged with cultivation of the same tree species. If these amendments enter legislation, ecological situation in the country will improve. The citizen will no longer be under the illusion that he may easily get away only with a fine and criminal liability and will be given an opportunity to build on the appropriated by him place an edifice of any destination. The sooner these amendments enter the legislation, the more green plantation will possibly be saved.
 In connection with the possible amendments in legislation corresponding letters will be sent to Georgia parliament and the Ministry of Environmental Protection.

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