Právna regulácia krajinotvorby na Slovensku ako prostriedok ochrany klímy

Ľudovít Máčaj
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Abstract

The article focuses on the implementation of landscaping as a purposeful activity of humans with the aim of creating and cultivating the environment around them. Landscaping is not only made up of activities with an impact on the immediate surroundings of a human, but also has a deeper social meaning – it affects the environment as a whole. However, it also has a significant impact on climate protection. Actions taken with the intention of protecting and improving the landscape that immediately borders the built-up area of municipalities in which humans reside can have a wider impact indirectly, but even directly, influence the climate. Although landscaping represents a separate and distinct professional activity, in the case of the Slovak Republic it is not a separate decision-making process in the field of public administration. However, its elements are present in other decision-making processes, such as land development or spatial planning. The ever-increasing voices after its codification point to the importance of this activity and the need to give it a clear legal framework, with the definition of the public interest and the goals that should be achieved during this activity. We believe that climate protection could and clearly should be among these objectives, as the measures taken in landscape design can have a direct effect on it. The article therefore focuses on the issue of landscaping and its legal definition, and also deals with whether landscaping represents an important means of climate protection. Furthermore, the article points out the individual possibilities of landscape design measures within the decision-making processes of public administration in the Slovak Republic. In the end, he brings some considerations de lege ferenda.
斯洛伐克将景观美化作为气候保护手段的法律规定
文章重点论述了美化环境作为人类有目的的活动的实施情况,其目的是创造和培育周围的环境。园林绿化不仅是对人类周围环境产生影响的活动,还具有更深层次的社会意义--它对整个环境产生影响。然而,它对气候保护也有重大影响。以保护和改善紧邻人类居住的城市建成区的景观为目的而采取的行动,可以间接甚至直接对气候产生更广泛的影响。虽然景观美化是一项独立和独特的专业活动,但在斯洛伐克共和国,它并不是公共行政领域的一个独立决策过程。不过,在其他决策过程中,如土地开发或空间规划中,也有园林绿化的元素。在将其编入法典之后,越来越多的声音表明了这一活动的重要性,也表明有必要为其提供一个明确的法律框架,对公共利益以及在这一活动中应实现的目标进行定义。我们认为,气候保护可以而且显然应该成为这些目标之一,因为景观设计中采取的措施会对其产生直接影响。因此,文章重点讨论了景观设计及其法律定义问题,还讨论了景观设计是否是气候 保护的重要手段。此外,文章还指出了景观设计措施在斯洛伐克共和国公共管理决策过程中的个别可能性。最后,他提出了一些拟议法方面的考虑。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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