ČPŽP 59

VĚDECKÁ TÉMATA

1/2021

CURRENT DEVELOPMENT OF THE LEGAL REGULATION OF THE COMPENSATION FOR DAMAGE CAUSED BY SELECTED (SPECIALLY PROTECTED) ANIMALS IN THE CZECH REPUBLIC Abstract This contribution deals with the topic of compensation for damage caused by selected specially protected animals and by great cormorant according to the Act No. 115/2000 Coll., on Compensation for Damage Caused by Selected Specially Protected Animals. Attention is payed mainly to the current development of the Act, including its latest amendment, which has been effective since 1 April 2021. On the same date, Decree No. 126/2021 Coll., on Method of Calculation of Damage Caused by Selected Specially Protected Animals, became effective. It eliminates some shortcomings of the previous Decree No. 360/2000 Coll., on Determination of the Method of Calculation of the Compensation for Damage Caused by Selected Specially Protected Animals to Defined Domestic Animals, Dogs Used for Their Guarding, Fish, Hives, Beekeeping Equipment, Unharvested Field Crops and Forest Covers. At the beginning, the contribution focuses on the general conditions of the provision of damages and subsequently deals with the legal regulation of the provision of compensation for damage caused by selected specially protected animals on the one hand and by the great cormorant on the other hand. In fact, most of the amendments of the Act concerns the great cormorant itself. The contribution emphasises the main shortcomings of the legal regulation and proposes some amendments to their elimination. The request for a preliminary ruling in case C-238/20 S ti i-S, which is currently pending before the Court of Justice of the European Union, is also mentioned, as its outcome may have a significant impact on the Czech Republic as well. The contribution is current as of April 2021.

Keywords Damage compensation, specially protected species, great cormorant.

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