Concerning the land
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Article 48It is prohibited to destroy, damage or delete border indications, geodesic and topographic sings, warning and direction signs that are fixed in forests or in the forest stock. Article 49 Excavations in the forest stock or the river beds to extract stone, humus, sand, gravel, grass lumps and the similar; wood coal, tinder and lime production works, bee hive works and quarry works are subject to permits from the forest authorities designating the site and time for such works and lease rate as provided by relevant legislation. Article 50The entrance of vehicles and animals in protective forests, in national forest parks, in natural reservoirs or protected landscapes, in forest sapling nurseries or any other site of the forest sock, other than those designated by the forest authority, is prohibited. Article 51Camps, tents or any other movable shelter or object of similar nature may be established only in sites designated by forest authorities. Article 52The acquisition from the forest stock of fallen or dead trees from natural phenomena or fire, or of trees, saplings or slips uprooted or felled from other persons is prohibited. Article 53Resin acquisition is legal only from trees 10 years before arriving exploitation age. The forest authority must properly mark such trees. For resin production the most modern and efficient methods, which cause the least harm to the trees, are used. The extraction of essence from needle trees is prohibited when the trees are standing. CHAPTER VORGANIZATION OF FOREST SERVICEArticle 54 For purposes of protection of the forest stock, the Forest Service Police is hereby established. The Forest Service Police is an executive armed structure trained to control and enforce the implementation of forest legislation. Forest service structures manage, organize and control activities for prevention and protection of the forest stock from diseases, harmful insects, fires, pollution, illegal felling and grazing. Article 55Forest Service Police is organized and led by the General Forest Directorate. Article 56The Forest Service Police operate in territorial jurisdictions as defined by the state administrative and forest division. The duties of the Forest Service Police are preventive, executive, administrative, technical and legal for the protection of forests and the forest environment. Article 57Employees of the forest service police are eligible for the status of armed forces and are legally equal with the public order employees. Article 58Requirements for recruitment in the forest service police and the oath formula are set by special regulation of the Minister for Agriculture and Food. Article 59 For purposes of carrying out its duties the forest service police works closely with public order and financial police. In cases when culprits are caught in the act or resist the police, the forest service police are authorized to use force. Article 60The Forest Service police are equipped with weapons, resources and service uniform. The General Directorate of Forests defines the type of uniform and time of use. The Minister of Agriculture and Food and the Minister of Public Order define the type of weapon and other resources. The Forest Service Police are backed in their work by Decree No. 7449 dated 5.01.1991 “Concerning the use of weapons by border guards, public order police, and the armed military and civil guards”. CHAPTER VIINFRINGEMENTS Article 61 The infringement of the provisions of this law is subject to material, administrative, civil and criminal punishment on a case-by-case basis. Article 62The forest service police and the public order police, when detecting infringement of the Law “Concerning Forests” compile a report, which is signed by the drafter, the offender and witnesses. When witnesses there are not, the report is valid with the signature of the offender alone. Article 63The infringement of the provisions of this law contained in articles 7, 8, 9, 11, 14, 18, 19, 22, 23, 25, 26, 29, 30, 31, 32, 33, 34, 35, 40, 42, 43, 44, 45, 47, 48, 49, 51, 53, when not qualifying as a criminal deed and when the cost of the damage is at less than 5000 leks, depending on the severity of the damage, is punished as administrative infringement with fines from 250 up to 5000 leks and the confiscation of the wood material, or its counterpart value when the material and other forest products are disposed of. Fine scales are defined by special decision of the General Directorate of Forests. The transportation of the illegally felled trees qualifies as administrative infringement and is punished in accordance with this provision. The violator is obligated to indemnify the value of the damage. When the damage caused in the forest stock in an advertent or inadvertent manner is greater than 5000 leks, the committer is charged in accordance with the provisions of the Criminal Code. The destruction, forging of use of the stamp by other people qualifies as an administrative breach and is punishable by a fine of 5000 leks. Violation of provisions contained in article 37, second paragraph, articles 41, 43, 50, 52, of this law when committed for the first time and causing no material damage is punished as an administrative breach and fined with a 100 leks. Article 64Review of administrative infringements relative to the forest is the authority of a commission of no less than three people set up by the Forest Service Directorate. The Director of the Forest Service Directorate decides the membership of the commission. The decision of the commission may be appealed with the Director for fines up to 3000 leks and with the General Director of Forests for fines above 3000 leks within 10 days from the day of communication or promulgation of the decision. The verdict of the appellate authority is final. The fine must be voluntarily paid within 15 days from the day the fine decision becomes final. Upon expiration of this deadline, the decision becomes an executive title and is implemented as prescribed in the provisions concerning collection of government revenue.
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