THE LEGAL CONCEPT OF AGRICULTURAL CROPS IN THE PROCEDURE FOR ESTIMATING THE DAMAGE CAUSED BY GAME ANIMALS

References: 16th International Multidisciplinary Scientific GeoConference SGEM 2016, www.sgem.org, SGEM2016 Conference Proceedings, ISBN 978-619-7105-65-0 / ISSN 1314-2704, June 28 - July 6, 2016, Book5 Vol. 1, 1015-1022 pp

ABSTRACT

The model of hunting adopted in Poland generates disputes that arise as a result of conflicting interests of farmers whose crops are destroyed by game animals and the national desire to preserve the environment in its natural form as well as the necessity to compensate for the damage to those crops. As there is no legal definition of agricultural crops in the Polish law this study aims to determine the meaning of the term "agricultural crop". The research was mainly based on empirical and, if necessary, on the formal - dogmatic methods which were used to analyse a selected group of rulings of the Supreme Court. Conducted analyses lead to the assumption that narrower and broader concepts of "agricultural crop" can be derived. The adoption of one of the above concepts triggers financial consequences as it affect the expenditure of leaseholders and administrators of hunting districts or the State Treasury and in some cases insurance companies due to copensations for the damage caused by game animals. It also stipulates the extent to which the damage suffered by farmers is repaired, which can influence farmers’ motivation and readiness to cooperate in the process of environmental protection. The study leads to the conclusion that the broader concept of "agricultural crop" needs to be adopted and a legal definition of this concept should be introduced to the legal system. Finally, the study provides the basis for formulating a draft definition by the author according to which the agricultural crop is any cultivation carried out on the arable land.

Keywords: agricultural crops, agriculture, environmental protection, agricultural law, hunting