Decree of the Ministry of Forestry and Water Management, Czech Socialist Republic No. 98 / 1977 Coll.
Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic on the Forest Guard
Valid
Effective from 01.01.1978
98
DECLARATION
Ministry of Forestry and Water Management
Czech Socialist Republic
of 28 December 1977
on the forest guard
The Ministry of Forestry and Water Management of the Czech Socialist Republic provides, in agreement with the participating central authorities of the state administration pursuant to § 24 paragraph 9 of the Act of the Czech National Council No. 96 / 1977 Coll., on Forestry Management and Government Administration of Forestry:
Forest security services
(1) The forest protection service is provided by forest guards established on a proposal from state forest management organisations managed by the Ministry of Forestry and Water of the Czech Socialist Republic (hereinafter referred to as "the Ministry") or by users of forests where the scope of forest management was limited by 1) or on their own initiative by the District National Committee or by the Ministry.
(2) State forest management organisations managed by the Ministry and forest users whose scope of forest management has been limited (hereinafter referred to as "forest management organisations") are required to propose a number of their personnel to perform the function of forest guards in the performance of their duties in order to cover a maximum area of 500 hectares of forests per forest guard.
(3) Workers of public authorities in the forestry sector and workers (members) of other socialist organisations, or other persons, perform the function of forest guards as voluntary and honest.
Provisions of the forest guard
(1) The forest guard shall establish a district national committee in whose territory the designated forest guard is resident.
(2) The forest guard may be established by a Czechoslovak national above 21 years of age, committed to a socialist social establishment, fit to perform this function, who knows the duties and privileges of the forest guard, and who has made the required promise.
(3) An official of the State Forestry Organisation managed by the Ministry, who is to perform the duties of forest guards, shall be appointed by the Regional National Committee of the Forestry Guard only if he is authorised to carry a weapon under the Specific Regulation.2)
(4) The appellant shall add to the proposal for a provision of a forest guard a health document of the proposed condition 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 perimeter of the field of responsibility of the forest guard. In exceptional cases, the health document may be replaced by the declaration proposed.
(5) The Regional National Committee shall also check, prior to the provision of the forest guard, whether the proposed body is aware of the obligations and the privileges resulting from this function. The District National Committee may, from checking whether the proposed person is aware of the duties and privileges, waive, if the latter is undoubted in the administration of the forestry authority or in the organisation of the forestry sector, that the proposed person fulfils the conditions for the performance of the forest guard function.
(6) The Forest Guard shall make the following promise to the Regional National Committee:
"I promise that as a 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 forest guard."
(7) The District National Committee shall issue a forest guard's licence setting out its perimeter. The provisions of the forest guards and the area of competence shall also be indicated in their service cards for the personnel of the public forest management bodies and for the personnel of the State forestry organisations managed by the Ministry.
(8) The area of competence of the forest guards established on the proposal of the organisation of the forestry economy shall be the territorial district of the organisation or, where appropriate, its lower organisational units, and shall include all forests, irrespective of their ownership and use.
(9) In the event of a permanent change in the place of work of a forestry operator, the district national committee designated by the forest guard shall indicate a change in the scope. When changing the permanent residence of a forest guard within the scope of another district national committee, the new provisions of the forest guards shall be implemented in a simplified manner; in particular, a promise shall not be made and the knowledge of duties and forest guards shall be waived.
Forest Guard authorisation
(1) The forest guard is entitled to carry out protective services in all forests set out in the area of competence, regardless of the ownership and exploitation rights of forests.
(2) The forest guard is entitled to carry a weapon if he has a permit to hold that weapon (3), issued under special regulation.2)
(3) The forest guard is entitled
(a) to call for the abandonment of an activity contrary to the interests of forest protection or other rights protected by social interests, in particular those of water and nature protection;
(b) to establish the identity of persons who infringe the provisions of the Forest Act or the provisions of the Forestry Management and Governance Act or the provisions of the Rules issued on their basis for the protection of forests;
(c) to stop in or in the immediate vicinity of forests an engine or other vehicle where it is suspected that it is transporting illegally obtained timber, Christmas trees, etc., and to that end require the production of proof of the acquisition of such goods;
(d) to report motor or other vehicle from forest land if the entry is not authorised under special regulations, 4)
(e) impose fines on citizens in block proceedings for offences on the forestry sector to the extent and under conditions laid down in specific regulations, 5)
(f) immediately present to the department or national of the National Security Corps, as appropriate, a person who has been caught in a criminal offence or offence or an offence on a forestry sector, if necessary to identify, prevent escape or provide evidence,
(g) use weapons in the cases and under the conditions laid down in the law, 6)
(h) request, on a case-by-case basis, cooperation from the department or, where appropriate, from a national of the National Security Corps if it is unable to carry out its duties by itself or by means.
Obligations of forest guards
The forest guard is obliged
(a) comply with generally binding legislation;
(b) if it has been established on a proposal from the forestry organisation, follow its guidelines for the performance of protective services in the woods;
(c) maintain national, economic and professional secrecy as to the facts which they learn in the performance of their duties;
(d) to be demonstrated when carrying out an act on request by a special card authorising it to do so;
(e) be authorised to hold the weapon which he has in the performance of his duties;
(f) notify forest users of the damage found in the forests or, where appropriate, the organisation or citizen who caused the damage;
(g) to take urgent measures to eliminate or mitigate the consequences of damage to forests within its capacity;
(h) to notify the district national committee which has appointed it of the loss of a forest guard pass;
(i) surrender the forest guard card in the event of an appeal to the county national committee which has appointed it.
Withdrawal from the office of forest guard
The Regional National Committee appointed by the Forest Guard shall remove it from office in particular where:
(a) circumstances arise preventing the forest guard from continuing to perform its tasks;
(b) the forest guard exceeds his authority or otherwise breaks his promise;
(c) the forest guard does not perform his duties properly through alerts.
Registration of forest guards
The county national committees shall keep a record of the forest guards they have appointed.
Common and final provisions
(1) The forestry organisation shall equip the necessary forestry guards whose provisions it has proposed.
(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 offences in the forestry sector, on the performance of the duties of the forest guards and on their synergies with the services and members of the National Security Corps and on the proposed measures.
Until the provisions of the forest guards under this decree, but not later than 31 December 1978, the forest guards shall perform the function of forest guards in the relevant districts of persons designated as guards for the protection of forests in accordance with existing regulations.
Special regulations apply to forest guards in military forests.
This Decree shall take effect on 1 January 1978.
Minister:
Ing.
1) § 13 of the ČNR Act No. 96 / 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 Ú. l., on hunting weapons.
3) A weapon passport, a hunting ticket, or a mass permit issued by a socialist organisation which assigned a weapon to a forest guard.
4) For example, Section 18 of the ČNR Act No. 96 / 1977 Coll., on Forestry Management and Public Forest Management.
5) Decree No. 61 / 1961 Coll., on Block Control.
6) Paragraph 24 (4) to (7) of the ČNR Act No. 96 / 1977 Coll., on Forestry Management and Public Administration of Forestry.
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management, Czech Socialist Republic No. 98 / 1977 Coll., on the Forest Guard |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.1977 |
|---|---|
| Effective from | 01.01.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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