Legal analysis of forest fire crimes in Türkiye and Lıthuanıa

ENThe relevance of this study.The climate zone and forest vegetation structure of Turkey, especially the Mediterranean and Aegean regions, are very sensitive to forest fires. In Turkey, an average of 2000 forest fires occur each year. When the causes of fire in the last 10 years in Turkey are examined, it is seen that 48% of them are human caused. When the rate of fires with unknown offenders is equally distributed, it is seen that this rate reaches 71%. However, the number of fires with unknown offenders of forest fires is 39.1% when the data of the last 5 years are examined. For this reason, it is possible to state that human caused forest fire causes are above 71%. When the legislation on forest fires is examined, it can be stated that the sanctions are deterrent. According to the Law on Forests of the Republic of Lithuania, a unified state system of fire prevention measures is applied in forest territories, regardless of the type of ownership. This system includes forest fire monitoring (prediction and detection), prevention and fire protection measures. Forests cover up to 2.045 million ha or 31.3 % of the territory of Lithuania. In average 0.59 ha of forestland falls to one inhabitant of the Republic. State forests occupy 49.7 %, private forests 31.4 %, and reserved for privatisation 18.9 % of the total forested area of Lithuania. On average every year in Lithuania more than 750 forest fires are registered, during which more than 350 ha of forests are damaged. The main problems. However, it should be emphasized that the main problem is the lack of public awareness and the lack of development activities of the administration.Because, Forest legislation and administrative measures in Turkey are post-fire focused.All planning is done in this direction and resources are spent for these purposes. In the study, the legislation on forest fires in Turkey was examined. In addition, forest fires crime has been analyzed according to the principles of criminal law. Finally, legal determinations were made regarding the burned forest areas after forest fires and suggestions were made. In 2010, Lithuania had 2.41Mha of natural forest, extending over 37% of its land area and in 2021, it lost 22.6kha of natural forest. The main causes of forest fires in Lithuania include: negligence of forest visitors and burning of dry grass in spring time. The following tasks: 1. To analyze legal resources in Turkish and Lithuanian law that concern forest fires. 2. To analyze strengths, weaknesses, opportunities, and threats of Turkish legislation and administrative practices related to forest fires. 3. To discuss general aggravating circumstance for all forerst crimes. 4. Based on the data of the performed analysis, to submit conclusions. The aim of research– to analyze forest fire crimes in Türkiye and to campare with the situation in Lithuania. The paper concluded that for the elements of the crime and the sanctions, it can be concluded that some acts, related to primarily moral element, can be considered as eventual intent. As for the compensations for the forest fires in Türkiye, it has been found out that only burnt out forestry products and reforestation costs are calculated and demanded as per the Articles 112 and 114 of the Law No. 6831. But, no compensation is demanded for the wild animals and stray animals living in the forests in the event that they are injured. The novelty of the analyzed topic is that setting forests on fire and crimes committed for the purpose of destroying or narrowing down the forestlands shall not be included within the scope of particular and general remission.either. Besides, it is stated under the last paragraph of Article 83 of the Forest Law No. 6831 that the cases related to forest crimes shall be deemed as "urgent" by the courts. On average every year in Lithuania more than 750 forest fires are registered, during which more than 350 ha of forests are damaged. For example, in 2010, Lithuania had 2.41Mha of natural forest, extending over 37% of its land area and in 2021, it lost 22.6kha of natural forest (Global forest watch, 2021). The number of forest fires significantly increases during hot and dry meteorological conditions. The main causes of forest fires include: negligence of forest visitors and burning of dry grass in spring time. As the result. Therefore, it is necessary for the State to use any kind of communication and education means efficiently in order to conserve the forests and prevent forest fires. The administration has to check the permissions for the forestlands, primarily the permissions related to energy end dump facilities, frequently and on the site and control whether permission granted facilities discharge their responsibilities or not. It should be understood that the increase, particularly in recent years, in the number of forest fires due to energy transmission lines occur as a result of control deficiency. According to the Law on Forests of the Republic of Lithuania, a unified state system of fire prevention measures is applied in forest territories, regardless of the type of ownership. This system includes forest fire monitoring (prediction and detection), prevention and fire protection measures. The used methodology document analysis, (SWOT) analysis, systematic analysis, comparative analysis, methods. Keywords: forest, crime, fire, Türkiye. [From the publication]

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