Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 102 / 1977 Coll.
Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic on the Forest Guard
Valid
Effective from 01.01.1978
102
DECLARATION
Ministry of Forestry and Water Management of the Slovak Socialist Republic
of 28 December 1977
on the forest guard
The Ministry of Forestry and Water of the Slovak Socialist Republic provides, in agreement with the participating central authorities of the state administration pursuant to § 24 paragraph 9 of the Slovak National Council Act No. 100 / 1977 Coll., on Forest Management and the State Administration of Forestry:
Forest security services
State forest management organisations managed by the Ministry of Forestry and Water of the Slovak Socialist Republic (hereinafter referred to as "the Ministry ') and users of forests where the scope of forest management was limited by 1) (hereinafter referred to as" forest management organisation') are obliged to provide protection services in the forests by a number of forest guard members from among their workers in order to cover a maximum area of 500 hectares per forest guard.
Performance of a forest guard
(1) The function of a member of the forestry guard shall be performed by forest management organisations which shall be designated as members of the forestry guard by the district national committees on a proposal from the forestry organisation.
(2) A member of the forest guard may also perform the duties of:
(a) workers (members) of other socialist organisations using forests, workers (members) of other socialist organisations and other persons appointed as members of the forest guards by the district national committee, on a proposal from the forestry organisation or on its own initiative, or on a proposal from the Ministry,
(b) personnel of the forestry authorities designated as members of the forest guard by the Regional National Committee on its own initiative or on a proposal from the Ministry.
(3) The members of the forest guard shall exercise the provisions for the function referred to in paragraph 2 as a voluntary and honorable function.
Provisions for a forest guard
(1) The member of the forest guard shall be appointed by the district national committee, in whose territorial area the proposed member of the forest guard is resident on a permanent basis.
(2) A Czechoslovak state citizen, who completed 21 years of age, is committed to a socialist social establishment, is fit to perform this function, knows the duties and privileges of a forest guard and has made the required promise.
(3) An official of a State Forestry Organisation managed by the Ministry who is to perform the duties of a forest guard shall be appointed by the Regional National Committee as a forest guard only if he is authorised to carry a weapon under special regulations (2).
(4) The application for a provision for a member of a forest guard shall be accompanied by a document of the health status proposed and an extract from the criminal record, indicating when and how he has been informed of the duties and privileges of the forest guard, and proposing the scope of the forest guard. The health document may be replaced by an honorary declaration by the proposed person.
(5) Before the provision for a member of the forest guard, the District National Committee shall examine whether the proposed member is aware of the duties and privileges arising from the function of a member of the forest guard. The District National Committee may waive the examination of these obligations and authorisations if the duties performed in the State Administration of Forestry or in the organisation of the forestry sector are clearly fulfilled by the proposed member of the Forest Guard.
(6) The member of the forest guard shall make the following promise to the District National Committee:
"I promise that as a member of the Forest Guard I will protect the interests of the Czechoslovak Socialist Republic, that I will be most conscientious and careful to carry out my duties in the performance of protective services in the woods, that I will comply with the law in my activities and that I will not exceed the authority of the responsible member of the Forest Guard."
(7) The district national committee shall issue a forest guard member with a forest guard card indicating the area of responsibility. The provisions as a member of the forest guards and a defined area of competence shall also be indicated in their service cards to the workers of the forestry authorities and of the workers of the State forestry organisations managed by the Ministry.
(8) The area of competence of a forest guard designated on a proposal from a forest management organisation shall be the territorial perimeter of the organisation or, where appropriate, its lower organisational unit, covering all forests used by the organisation or in which it operates.
(9) In the event of a permanent change in the place of work of forestry workers and of a change in the permanent residence of a member of the forest guard, where there is a change in its scope, the new provision shall be applied as a member of the forest guard in a simplified manner; in particular, a promise shall not be made and the knowledge of the duties and privileges of the forest guard shall be waived.
Authorisation of a forest guard
(1) A member of the forest guard is entitled to perform a protective service in all forests set out in the area of competence, irrespective of the ownership and exploitation rights of the forest; to that end, in the performance of protective services in the forests, it is entitled to enter and enter forest land with motor vehicles on forest roads, (3) if no authorisation is required under specific regulations.4)
(2) A member of a forest guard shall be entitled to carry a weapon if he is authorised to carry such a weapon issued in accordance with special regulation.2), 5)
(3) A member of the forest guard is entitled in the performance of protective services in the woods
(a) to call for the abandonment of an activity prohibited in the interests of forest protection or of an activity contrary to the interests of forest protection or to other rights protected by social interests, in particular those of nature protection;
(b) identify the person or organisation whose personnel carry out the activities referred to in (a);
(c) to stop an engine or other vehicle if it is suspected of transporting illegally obtained wood, Christmas trees, etc., to that end, to require the production of proof of acquisition of such goods;
(d) to report motor or other vehicle from forest land if the entry is not authorised under special regulations, 6)
(e) impose fines on citizens in block proceedings for offences on the forestry sector to the extent and under conditions laid down by specific regulations, 7)
(f) to present to the national security authority the person caught in the offence, offence or offence on the forestry sector, if necessary to establish its identity, to prevent escape or to secure evidence;
(g) use weapons in the cases and under the conditions laid down in the law, 8)
(h) request, on a case-by-case basis, cooperation from the National Security Corps authorities if it cannot carry out its duties by itself or by means.
Obligations of a forest guard
A member of the forest guard shall:
(a) comply with generally binding legislation;
(b) comply, where it has been established on a proposal from the forestry organisation, with its instructions for the performance of protective services in the woods, in particular as regards the designated place, the duration of the duties and the synergy of individual forest guards;
(c) maintain national, economic and professional secrecy as to the facts which they learn in the performance of their duties;
(d) to prove and, in the performance of his duties, upon request by a forest guard's licence or by any other licence which entitles him to such an act;
(e) be authorised to carry the weapon which he has in the performance of his duties;
(f) transfer the person detained without delay to the National Security Corps,
(g) to notify forest users of the damage found in the forests, or, where appropriate, the organisation or citizen who caused the damage;
(h) to take urgent measures to eliminate or mitigate the consequences of damage to forests.
(i) to notify the district national committee, which has established them, of the loss of a forest guard's pass;
(j) surrender a forest guard's card to the competent district national committee in the event of an appeal.
Appeals as a member of the forest guard
The Regional National Committee which has appointed a member of the Forest Guard shall remove him from office in the following cases:
(a) if circumstances arise preventing a member of the forest guard from continuing to perform his duties,
(b) if a member of the forest guard exceeds his authority or otherwise breaks his promise;
(c) if the member of the forest guard, through an alert, fails to perform his duties properly.
Registration of forest guards
(1) The county national committees shall keep records of the forest guards they have appointed.
(2) Forest management organisations shall keep records of forest guards appointed to perform duties in the territorial district of the organisation.
Common, transitional and final provisions
(1) The forestry organisation shall equip the members of the forest guards whose provisions it has proposed with the tools necessary for the performance of its duties.
(2) Forestry organisations are required to report to the authorities of the state administration of the forestry sector on their call for protective services in the forests, on the detection and prosecution of infringements in the forestry sector, on the fulfilment of the duties of forest guards and on their interaction with the national security authorities and on the proposed measures.
Until the provisions for the members of the forest guard under this Order, but not later than 31 December 1978, they shall act as members of the forest guard in the relevant districts of persons designated as guards for the protection of forests in accordance with the existing rules.
The provisions of this Order shall apply mutatis mutandis to forest guards in military forests.
This Decree shall take effect on 1 January 1978.
Minister:
Ing. Margetine v. r.
1) Section 14 of the SNR Act No. 100 / 1977 Coll., on Forestry Management and Government Administration of Forestry.
2) Act No. 162 / 1949 Coll., on weapons and ammunition. Decree No. 124 / 1961 Coll., on firearms and ammunition. Decree No. 7 / 1955 U. v., on hunting weapons.
3) Paragraph 19 (2) of the SNR Act No. 100 / 1977 Coll., on Forestry Management and Public Forest Management.
4) For example Act No. 102 / 1971 Coll., on the Protection of State Secrets.
5) A weapon passport, a hunting ticket, or a mass permit issued by a socialist organisation which assigned the weapon to a member of the forest guard.
6) For example, Section 19 of the SNR Act No. 100 / 1977 Coll., on forest management and governance of forestry.
7) Decree No. 61 / 1961 Coll., on block proceedings, as amended by Decree No. 7 / 1970 Coll.
8) Paragraph 24 (4), (5) and (6) of the SNR Act No. 100 / 1977 Coll., on Forestry Management and Government Administration of Forestry.
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Slovak Socialist Republic No. 102 / 1977 Coll., on the Forest Guard |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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