Problems displaying liberal doctrines in the forest legislation
The article is dedicated to study the historical dynamics of laws for the forest protection that were adopted in different historical periods, based on liberal doctrine. It is shown that the provisions of liberalism, that were enshrined in legal acts, expected reduction in government spending in this area by the refusal of the state of forests and content services. Liberal ideas have found their support in pre-revolutionary Russia, represented by Catherine II, who was a classic representative of the era of enlightened absolutism. The practical realization of the liberal doctrine in the forestry sector was the publication of September 22, 1782 imperial decree. The liberal approach was reflected in the decree by fixing declarative reference to forest owners increase their property by improving the condition of forests, protection from destruction, expanding areas of this natural resource. Another example of use in the forest legislation of liberal doctrine, as alleges V. P. Nepiyvoda, became Prussian Forest Act 1811. The reasons for his publications include the fact that Napoleon defeated Prussia had to pay a large indemnity, funds for which was decided to find by selling state forests. For the fastest selling, the government had to encourage potential buyers to adopt the law on non-interference in exploitation of the private forests. Similarly, under the influence of liberal ideas of A. Smith, the Government of Bavaria and the Austrian Empire also adopted legal acts to limit the rights of the state in this area. In the modern history of forest legislation a liberal doctrine adopted was incarnated in accepted State Duma of the Russian Federation, November 8, 2006 Forest Code. Review contents of Forest Code shows fixing in it the main provisions of liberal doctrine. It is the reduction of the administrative apparatus, the elimination of control services, aviation forest protection, the transfer of authority from the management to regional authorities, tenants, forming a market offorest products, commercialization, i.e. the introduction of payment for all types of uses, permits to privatize certain categories of forests, lack of requirements for forest management. By analyzing the imperial decree 1782, adopted by Catherine II, Prussia Forest Act 1811 and Forest Code in 2007, it is shown negative consequences of using a liberal doctrine that leads to the deterioration of the environment forests, a sharp increase in illegal logging, theft, andforest fires.