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Floodplains as a manifestation of the environmental principle of prevention

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ŠVARCOVÁ Kateřina

Druh Článek ve sborníku
Konference 16th International Multidisciplinary Scientific Geoconference SGEM 2016 - Book 5, Ecology, Economics, Education and Legislation
Fakulta / Pracoviště MU

Právnická fakulta

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Obor Právní vědy
Klíčová slova Floodplains; active zones; principle of prevention; limitations on the owner; measures of a general nature
Popis This paper focuses on the specific manifestation of the principle of prevention, essential starting points of environmental legislation, and an important guide for interpreting and application in terms of regulating floodplains in the Czech Republic. Floodplains are environmental institutions of water regulation, specifically legislation on protection against floods (this is a public interest manifesting with systematic prevention). A floodplain is an administratively designated area that may become inundated with water due to the occurrence of natural flooding. A special locality in a floodplain is its active zone. During a flood, the highest quantity of flood flow concentrates here, forming the highest risk area. Floodplains are closely tied to secondary purposes of this regulation, including e.g. preservation of biological diversity of surrounding habitats, natural ecosystems, but also a proportional approach to possible limitation of owners of given localities. Individual aspects of floodplains and their active zones are examined - by the scientific research method of description and analysis of current legislation, inter alia, by the measure of current case law and professional opinions. The actual form of measures of a general nature, by means of which the floodplain and the active zone are defined, is a crucial aspect, because it deduced substantial changes. Regulation of temporary provisions related to this. One key aspect is to strike a balance between limitations arising in the specific locality for its property owners. What basic problematic questions exist relating to this legislation? Is the established legislation regulating floodplains and their active zones complex, and does the regulation fulfill the expected functions? This paper explores the regulation of floodplains and their active zones de lege lata, with assessment of this legislation.
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