Forms of legal protection of objects of the animal world. Legal protection of fauna and its habitat. Payment for the use of wildlife

Legal protection of wildlife is understood as a system of measures enshrined in law that are aimed at preserving biological diversity and ensuring the sustainable existence of the animal world, creating conditions for the continuous use and reproduction of objects of the animal world.

For the necessary functioning of activities for the protection of wildlife, the development and implementation of federal and territorial government programs aimed at protecting wildlife and its habitat, as well as maintaining state records, state cadastre And environmental monitoring objects of the animal world. State monitoring of wildlife objects is, first of all, necessary for the timely detection of changes in the state of the animal world, as well as the prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use animal world. protection animal right user

Decree of the Government of the Russian Federation “On the procedure for maintaining state records, the state cadastre and state monitoring of fauna objects” dated November 10, 1996 No. 1342 states that all users of fauna are required to annually keep records of the fauna objects they use and the volumes of their removal, and provide these data to the competent government bodies that maintain records and cadastre of fauna objects. It should be noted that a mandatory measure for the protection of wildlife is the state environmental assessment, which precedes the adoption of economic decisions that can affect animal world and its habitat.

To ensure compliance legal entities and citizens of the requirements of the legislation of the Russian Federation on fauna are carried out by state control by bodies of general and special competence: the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Protection environment, federal Service forestry of Russia, etc. The officials of these bodies are vested with broad powers in the exercise of their control functions(Article 31 of the Law on Animal World):

• - checking with legal and individuals documents for the right to use wildlife, the right to be in a protected area and permission from internal affairs bodies to store and carry firearms;
• - detain violators of the law and draw up reports on the offenses they have committed, deliver these violators to law enforcement agencies;
• - search the belongings of detained persons, stop and search Vehicle, inspection of weapons and other tools for obtaining objects of the animal world, products obtained from them;
• - confiscate illegally obtained products, tools for obtaining wildlife, including vehicles and relevant documents;
• - use physical force and special means in the prescribed manner: handcuffs, rubber truncheons, tear gas, service dogs and firearms(service firearms and special equipment have the right to keep and carry only during the performance of official duties).

The conservation of wildlife can be achieved both in the process of direct protection of the animals themselves and by protecting their habitat. Measures to protect wildlife are characterized in three main areas:

• - organization of rational use of wildlife, regulation of their numbers and reproduction;
• - preservation of animal species diversity;
• - protection of animal habitats.

• - regulation of the rational use of wildlife: establishing limits on the use of animals, standards, norms and rules for their rational use and protection;
• - protection of habitat, breeding conditions and migration routes of animals: during placement, design, construction settlements, buildings and other objects, the introduction of virgin lands into economic circulation, land reclamation, mining, determining places for grazing livestock, and so on.

The Law “On Animal World” provides special measures to prevent the death of animals during production work, which are specified in the Decree of the Government of the Russian Federation of August 13, 1996 No. 997, which approved “Requirements for preventing the death of animal objects during production processes, as well as during the operation of transport highways, pipelines, communication lines and power transmission." Also in the interests of protecting wildlife in Russian Federation The Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are published with the aim of protecting and popularizing wildlife objects that are on the verge of extinction. The Law on Wildlife also defines other issues related to the protection of wildlife - acclimatization, relocation and hybridization of animals (Article 25), regulation of the number of animals in order to protect human health and life, and prevent damage national economy and the natural environment (Article 27), etc.

63. Legal protection animal world.

Legal protection of wildlife is a system of measures enshrined by law aimed at preserving biological diversity and ensuring the sustainable existence of the animal world, as well as creating conditions for the continuous use and reproduction of objects of the animal world.

Necessary conditions for carrying out activities to protect wildlife are the development and implementation of federal and territorial government programs on the protection of wildlife and their habitats; conducting state accounting, state cadastre And environmental monitoring objects of the animal world.

Users of wildlife are required to annually record the wildlife objects they use and the volumes of their removal and submit this data to the competent state bodies that maintain records and cadastre of wildlife objects. State monitoring of fauna objects is necessary for the timely detection of changes in the state of the fauna, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity and rational use of the fauna *.

The organization and implementation of this activity is regulated by the Decree of the Government of the Russian Federation “On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects” dated November 10, 1996 No. 1342.

A mandatory measure for the protection of wildlife is state environmental assessment, preceding the adoption of economic decisions that can affect the animal world and its habitat. Fertilizers, pesticides and biostimulants of plant growth, as well as materials that provide volumes (quotas, limits) for the removal of wildlife objects and work on the acclimatization and hybridization of these objects are subject to mandatory state examination. It is carried out by the state body for the protection of the natural environment with the participation of bodies for the protection of wildlife.

In order to ensure compliance by all legal entities and citizens with the requirements of the legislation of the Russian Federation on fauna, state control bodies of general and special competence (Ministry of Agriculture of the Russian Federation, State Committee of the Russian Federation for Environmental Protection, Federal Forestry Service of Russia, etc.), a special place among which is occupied by specialized units - hunting inspections, fisheries protection, etc. *

Officials of these bodies are vested with broad powers in the exercise of their control functions (Article 31 of the Law on Animal World):

Check with legal entities and citizens documents for the right to use wildlife, the right to be in a specially protected area (water area) and permission from internal affairs bodies to store and carry firearms;

Detain violators of wildlife legislation, draw up reports on the offenses they have committed and deliver these violators to law enforcement agencies;

Carry out an inspection of things and a personal search of detained persons, stopping and inspecting vehicles, checking weapons and other tools for obtaining objects of the animal world, products received from them;

Confiscate from violators illegally obtained products, weapons and other tools for obtaining wildlife, including vehicles, as well as relevant documents;

Store and carry service firearms and special equipment when performing official duties;

Use physical force and special means in the prescribed manner: handcuffs, rubber truncheons, tear gas, devices for forcibly stopping vehicles, service dogs and firearms.

Pursuant to this article of the Law on Fauna and in accordance with the Federal Law “On Weapons”, Decree of the Government of the Russian Federation of February 2, 1998 No. 133 approved the rules for the use and use of service weapons and special means by officials of the Ministry of Agriculture and Food of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection and the Federal Forestry Service of Russia and their territorial bodies.

The conservation of wildlife can be achieved both in the process of direct protection of the animals themselves and their populations, and by protecting their habitat. Therefore, measures to protect wildlife are implemented in three main areas:

Organization of rational use of wildlife, regulation of animal numbers and their reproduction;

Preservation of animal species diversity (genetic fund of animal communities);

Animal habitat protection.

1. Regulation of rational use animal world. It is carried out primarily through standardization in the field of protection and use of the animal world, which consists in establishing limits (volumes, quotas) use of animals, as well as standards, norms and rules their rational use and protection.

Of particular importance is the establishment prohibitions and restrictions for the use of animal objects. For the purpose of their preservation and reproduction certain types use or use of individual objects of the animal world may be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on Animal World). Implementation question the above measures was touched upon in connection with the consideration of the legal regulation of the use of wildlife.

Legal protection of the animal world is a system of measures enshrined in law aimed at preserving biological diversity and ensuring the sustainable existence of the animal world, as well as creating conditions for the continuous use and reproduction of objects of the animal world.

Necessary conditions for carrying out activities to protect wildlife are the development and implementation of federal and territorial state programs for the protection of wildlife and its habitat; maintaining state records, state cadastre and environmental monitoring of wildlife objects.

Users of wildlife are required to annually record the wildlife objects they use and the volumes of their removal and submit this data to the competent state bodies that maintain records and cadastre of wildlife objects. State monitoring of wildlife objects is necessary for timely detection of changes in the state of wildlife, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity and rational use of wildlife. The organization and implementation of this activity is regulated by the Decree of the Government of the Russian Federation “On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects.” A mandatory measure for the protection of wildlife is the state environmental assessment, which precedes the adoption of economic decisions that can affect the wildlife and its habitat. Fertilizers, pesticides and biostimulants of plant growth, as well as materials that provide volumes (quotas, limits) for the removal of wildlife objects and work on the acclimatization and hybridization of these objects are subject to mandatory state examination. It is carried out by the state body for the protection of the natural environment with the participation of bodies for the protection of wildlife.

In order to ensure that all legal entities and citizens comply with the requirements of the legislation of the Russian Federation on wildlife, state control is carried out by bodies of general and special competence, a special place among which is occupied by specialized units - hunting inspections, fisheries protection, etc.

Officials of these bodies are vested with broad powers in the exercise of their control functions (Article 31 of the Law on Animal World):

check from legal entities and citizens documents for the right to use wildlife, the right to be in a specially protected area (water area) and permission from internal affairs bodies to store and carry firearms;

detain violators of wildlife legislation, draw up reports on the offenses they have committed and deliver these violators to law enforcement agencies;

carry out an inspection of things and a personal search of detained persons, stopping and inspecting vehicles, checking weapons and other tools for obtaining objects of the animal world, products received from them;

confiscate from violators illegally obtained products, weapons and other tools for obtaining wildlife, including vehicles, as well as relevant documents;

store and carry service firearms and special equipment during the performance of official duties;

use physical force and special means in the prescribed manner: handcuffs, rubber truncheons, tear gas, devices for forcibly stopping vehicles, service dogs and firearms.

The conservation of wildlife can be achieved both in the process of direct protection of the animals themselves and their populations, and by protecting their habitat. Therefore, measures to protect wildlife are implemented in three main areas:

organization of rational use of wildlife, regulation of animal numbers and their reproduction;

preservation of animal species diversity (genetic fund of animal communities);

protection of animal habitats.

1. Regulation of the rational use of wildlife. It is carried out primarily through regulation in the field of protection and use of wildlife, which consists in establishing limits (volumes, quotas) for the use of animals, as well as standards, norms and rules for their rational use and protection.

Of particular importance is the establishment of prohibitions and restrictions on the use of wildlife. For the purpose of their conservation and reproduction, certain types of use or the use of individual objects of the animal world may be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on Animal World). The issue of implementing these measures was raised in connection with the consideration of the legal regulation of the use of wildlife.

2. Protection of habitat, breeding conditions and migration routes of animals.

The law establishes general rule that any activity that entails a change in the habitat of animals and the deterioration of the conditions for their reproduction, feeding, recreation and migration routes must be carried out in compliance with the requirements for the protection of wildlife.

In particular, when locating, designing, constructing settlements, enterprises, structures and other objects, improving existing ones and introducing new ones technological processes, introduction of virgin lands into economic circulation, land reclamation, forest use, geological exploration, mining, determination of grazing areas, tourist routes and organization of places of public recreation, etc., measures must be envisaged and carried out to preserve the habitat and animal migration routes.

When placing and constructing transport highways, power and communication lines, as well as canals, dams and other hydraulic structures Measures must be taken to preserve the migration routes of wildlife and places of their permanent concentration, including during the breeding and wintering periods (Article 22 of the Law on Wildlife).

In order to protect the habitats of rare or scientifically or economically valuable animals, protective areas of territories and water areas are allocated that are of local importance, but necessary for the implementation of their life cycle. They are prohibited individual species economic activity or the timing and procedure for their implementation are regulated.

The norms of land, forestry, water legislation, legislation on subsoil and specially protected areas are also aimed at ensuring the protection of animal habitats from pollution and destruction. natural areas.

3. The most complete and effective conservation of animal communities can be ensured in nature reserves, sanctuaries, national parks and other specially protected areas. Within these territories, the use of wildlife is completely prohibited or limited, as well as any activity that is incompatible with the goals of animal protection.

4. In order to preserve rare and endangered species of animals, the reproduction of which in natural conditions is impossible, specially authorized bodies are obliged to take measures to create the necessary conditions for breeding them in captivity - in semi-free conditions and in artificially created habitats (Article 26 of the Law about the animal world). At the same time, persons (both legal entities and individuals) who are involved in keeping and breeding animals are obliged to treat them humanely and comply with appropriate sanitary, veterinary and zoological requirements. Otherwise, they may be prosecuted, and the animals may be subject to confiscation in court.

5. The Law “On Animal World” provides for special measures to prevent the death of animals during production processes. These requirements are specified in the Decree of the Government of the Russian Federation, which approved “Requirements for preventing the death of wildlife during production processes, as well as during the operation of transport highways, pipelines, communication and power lines.” These requirements apply to agricultural, forestry and timber industry activities, operation of transport highways and facilities, transmission and communication lines, industrial and water management processes, irrigation and reclamation works and facilities, etc.

This means preventing the death of animals as a result of changes in the habitat and disruption of migration routes, getting into water intake structures, units of production equipment, under moving vehicles and agricultural machines, as well as as a result of the construction of production facilities, extraction, processing and transportation of raw materials, collisions with wires and the effects of electric current, exposure to electromagnetic fields, noise and vibration, etc.

Thus, it is prohibited to burn vegetation, store and use pesticides and fertilizers without observing animal protection measures, special warning signs or fences must be installed on transport routes in places where animals are concentrated, passages must be provided for migrating animals during the construction of pipelines, and use in agriculture technologies and mechanisms causing mass death animals, etc.

6. In the interests of protecting the animal world in the Russian Federation, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are published. They contain information about the status of rare, endangered and threatened species of animals and plants, necessary measures on their conservation (Article 24 of the Law on Wildlife).

The basis for inclusion of a particular animal species in the Red Book is data on changes in their numbers and living conditions that require urgent measures. Inclusion in the Book means a universal prohibition of the destruction, capture, shooting of these animal species and the destruction of their habitat.

In accordance with the Decree of the Government of the Russian Federation of February 19, 1996 No. 158 “On the Red Book of the Russian Federation,” the Book is published at least once every 10 years, and in the periods between its publications, lists (list) of animals included in the Red Book are prepared and distributed.

7. The legislation regulates the acquisition of animals for zoological collections (Article 29 of the Law on Animal World) - stock scientific collections of zoological universities, universities, museums, as well as collections of stuffed animals, preparations and parts of animals, living collections of zoos, circuses, nurseries, aquariums, etc. .

All zoological collections representing scientific, cultural, educational, educational and aesthetic value, individual outstanding exhibits of collections, regardless of the form of their ownership, are subject to state registration.

The procedure for handling zoological collections is established by the Decree of the Government of the Russian Federation “On the procedure for state registration, replenishment, storage, acquisition, sale, transfer, export outside the Russian Federation and import into its territory of zoological collections.”

8. The Law on Wildlife also determines other issues related to the protection of wildlife - acclimatization, resettlement and

hybridization of animals (Article 25), regulation of the number of animals in order to protect the health and life of people, prevent damage to the national economy and the natural environment (Article 27), etc.

Violations of the provisions of the legislation establishing requirements for the protection and rational use of wildlife may result in legal liability - administrative, criminal, civil (material) and other.

The task of protecting and wisely using the animal world is implemented through a whole range of special measures to preserve the animal world, an important place among which is occupied by its legal regulation.

The subject of this regulation is public relations in the field of protection and rational use of wildlife, as well as related relations in the field of conservation and restoration of its habitat in order to ensure biological diversity, sustainable existence and use of wildlife, conservation of the genetic fund of wild animals as an integral element of the natural environment.

Security questions on the topic

1. What is the animal world as an object of legal regulation?

2.What is the basis for the emergence and termination of the right to use the animal world?

3.In what three main areas are measures to protect wildlife implemented?

Animal world - the totality of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation.

The fauna as an object of legal protection is characterized by a number of features that are enshrined in environmental and faunal legislation. These include:

• – belonging to wild fauna;
• – finding wild animals in a state of natural freedom, which means the direct natural connection of the animal with the environment; wild animals found in zoos, enclosures, as well as some species of animals (for example, reindeer), kept in semi-free conditions, are protected as commodity-material assets in accordance with the requirements of civil law;
• – establishment of territorial boundaries for the presence of wild animals; only on the territory of the Russian Federation they are included in the unified state faunal fund, this is important when identifying migrating animals;
• – non-consumability of the object, i.e. when an individual animal moves from the territory of the Russian Federation to the territory of another state, as well as when individual specimens are destroyed as a result of hunting, fishing, etc., the animal world as a whole does not disappear as an object of protection; the term “consumability” refers not to individual objects or species of the animal world (which, of course, are consumed), but to the faunal fund as a whole, since even if at least one wild animal that meets the named characteristics is preserved, the faunal fund is preserved.

A number of studies previously pointed to another attribute - usefulness, which was enshrined in legislation in the 1960s. However, subsequently, most scientists and legislators abandoned the division of animals into useful and harmful, because it was always of a conditional nature. Since everything in nature is interconnected, certain types of animals in different environments can be both harmful and beneficial. So, a hare or wild boar with optimal numbers per 1 km hunting grounds– animals are useful, but if their numbers exceed them, they are already harmful, since they can cause significant harm to forestry and agriculture.

Use of fauna – studying, obtaining objects of the animal world or obtaining benefits from them in other ways to satisfy the material or spiritual needs of a person, with or without removing them from their habitat. The use of animal objects should not lead in the long term to the depletion of the biological diversity of the animal world.

Wildlife protection – activities aimed at preserving biological diversity and ensuring the sustainable existence of the animal world, as well as creating conditions for the sustainable use and reproduction of objects of the animal world. One of the areas of activity for the protection of wildlife is the protection of the habitat of the animal world.

The legislation establishes two regimes for the protection of animals.

The general protection regime is established by the Wildlife Law.

According to the criterion of the possibility of being an object of hunting and fishing, this law defines two categories of objects of the animal world with general regime legal protection:

• – objects of fauna that are objects of hunting or fishing (their list is indicated in the decrees of the Government of the Russian Federation); in relation to such objects of the animal world, humane methods of hunting are provided;
• – objects of the animal world that are not classified as objects of hunting or fishing; their extraction or other use, in accordance with Art. 43 of the Law on Animal World, is allowed only with permission from specially authorized government bodies.

A special protection regime is established by the specified law in relation to objects of the animal world classified as specially protected, including those indicated in the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation.

In this case, rules apply that apply to all specified categories of animal objects. These include the establishment of a system of restrictions and control over the removal of animal objects from their habitat (for example, for acclimatization or hybridization), requirements for natural resource users when carrying out economic activities (mandatory use of technologies for conducting agricultural or other work that do not destroy animal objects world), as well as the creation of specially protected natural areas.

So, in accordance with Art. 15 of the Law on Specially Protected Natural Areas, within the boundaries national park prohibited commercial hunting and fishing, activities that entail disruption of the living conditions of flora and fauna, collecting biological collections, etc. Consequently, all species of plants and animals located within the boundaries of this category of protected areas are subject to protection.

Classifying fauna as rare and endangered plants, animals and other organisms means that their numbers and range have sharply declined and continue to decline as a result of direct extermination, habitat destruction or other reasons. These species cannot survive without active human intervention.

To preserve them, a special protection regime is established, and there are three levels of registration and protection of rare and endangered plants and animals, carried out through the maintenance of Red Books. The first level is participation in maintaining the International Red Book and the Red Book of the CIS member states, the second level is maintaining the Red Book of the Russian Federation and the third - the Red Books of the constituent entities of the Russian Federation.

For example, in the Red Book Rostov region, published in 2003, included 253 species of rare animals.

However, despite the development of regional Red Books in almost all subjects of the Russian Federation, the problem of increasing efficiency remains unresolved this direction protection of animals and plants. One of its aspects is the absence administrative responsibility for violations of laws and other legal acts of the constituent entities of the Russian Federation on the Red Books of the constituent entities of the Russian Federation. Similar norms could be contained in the Code of Administrative Offenses of a constituent entity of the Russian Federation (as well as norms on liability for violation of the provisions of the Red Book of Soils of a constituent entity of the Russian Federation).

Red Data Book of the Russian Federation – official document, containing a summary of information on the status, distribution and measures to protect rare and endangered species (subspecies, populations) of wild animals and wild plants and mushrooms living (growing) on ​​the territory of the Russian Federation, the continental shelf and in the exclusive economic zone of the Russian Federation. By their legal nature, Red Books are a type of cadastres natural resources and objects. The Red Data Book of the Russian Federation is maintained by the Russian Ministry of Natural Resources.

The Red Data Book of the Russian Federation must be published at least once every ten years. Plants and animals that got there are everywhere subject to removal from economic use. Any activity that leads to a reduction in their numbers or deterioration of their habitat is prohibited. Legal entities and citizens carrying out economic activities in the territories and waters where such animals live bear increased responsibility for the destruction of these animal objects and flora in accordance with Art. 259 of the Criminal Code "Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation."

Objects of flora and fauna may also be subject to international agreements and conventions, or be listed in the International Red Book and the Red Book of the CIS member states.

Thus, six species of invertebrates and 123 species of vertebrates living in the Russian Federation are included in the Red List of the International Union for Conservation of Nature.

International environmental authorities pay special attention to the protection rare representatives our fauna, which include Ussurian tiger, amur leopard, polar bear, sea otter, walrus, fur seal and all cetaceans. The conservation of many species of animals (saiga, goitered gazelle, Kuban and Dagestan turs, manul, etc.) requires specially designed measures to federal level.

415 species (subspecies, populations) of animals and 533 species of plants, 17 species of fungi are listed in the Red Book of the Russian Federation. List of animals that are listed in the Red Book of the Russian Federation for last years, increased by 1.6 times. At the same time, 38 species of animals are excluded from the Red Book of the Russian Federation, since they are no longer in danger of extinction.

Harvesting wildlife objects belonging to species listed in the Red Book of the Russian Federation is permitted in exceptional cases in order to preserve these objects, regulate their numbers, protect public health, eliminate threats to human life, protect agricultural and other domestic animals from mass diseases, and ensure traditional needs of indigenous small peoples and for other purposes.

The problem under consideration has another important aspect, arising from the provisions international treaties regulating the import, export and transit transportation of rare and endangered plants and animals. Among these international documents, the Convention on international trade species wild fauna and flora in danger of extinction (Washington, March 3, 1973), as well as the Lists of Species of Mammals, Birds, Reptiles, Amphibians, Fish, Invertebrates and Plants Exported, Re-exported and Imported, as well as Their Parts or Derivatives, developed by in accordance with this Convention.

Fulfillment of the requirements of the Convention and subsequent resolutions and decisions of conferences of member countries of the Convention led to the development and implementation of national legislation regulating the trade and use of species of wild animals and plants (their parts, derivatives and any products from them) included in the Lists to the Convention. Introduction of such requirements into i. 3 tbsp. 60 of the Law on Environmental Protection means the establishment at the legislative level of state regulation of relevant activities, including the introduction of certain restrictions on the civil circulation of samples of wild animals and plants, as well as the establishment of penalties for violations in the area of ​​their circulation and use.

Currently, the regulation of the trade in wild animals and plants included in the Lists to the Convention is carried out on the basis of the Law on Animal World, Customs Code RF, others federal laws and a number of by-laws and regulatory legal acts. From these documents it follows that the export from the territory of the Russian Federation of species of animals and plants, their parts or derivatives, subject to the Convention, is permitted with a special permit from the Administrative Body under the Convention in the Russian Federation, and the import of such species of animals and plants into the territory of the Russian Federation is subject to availability of permission from the administrative body under the Convention or other competent authority of the exporting country, and in cases provided for by the Convention, and permission from the Administrative body under the Convention in the Russian Federation.

Import into the territory of the Russian Federation or foreign states of animal and plant species, their parts or derivatives, subject to the Convention, obtained on the high seas by vessels flying the flag of the Russian Federation, is permitted with a permit (certificate) from the Administrative Body under the Convention in the Russian Federation. This body also makes a decision regarding the legal fate of wild animals and plants confiscated and converted into state property, their parts or products made from them - derivatives that fall under the scope of the Convention.

The administrative bodies for obligations arising from this Convention in the Russian Federation are Rosprirodnadzor, which is under the jurisdiction of the Russian Ministry of Natural Resources (in relation to endangered species of wild fauna and flora, except sturgeon species fish), as well as Rosrybolovstvo (regarding sturgeon species).

However, the effectiveness of measures to protect rare and endangered animals and plants is not yet high enough, and the existing legal framework needs to be improved.

• Cm.: Malaya T.N. Ownership of the animal world: abstract. dis. ...cand. legal Sci. M., 1996. pp. 11–13.

Article 1 of the Law on Fauna (hereinafter referred to as the Law on Animal World) defines it as the totality of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the country and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation Federation, and the animal food object is an organism of animal origin, i.e. a wild animal or a population of wild animals. It also follows from the Law that the use of LM objects is understood as studying, extracting or obtaining in some other way benefits from these objects to satisfy the material and spiritual needs of a person by removing them30 from the environment or without it. At the same time, FM objects removed from their habitat according to the rules established in Russia may be in private, state, municipal or other forms of ownership. The types and methods of use of the Law on Human Resources (Article 34) include the following activities of legal entities and citizens: hunting; fishing (including harvesting of aquatic invertebrates and marine mammals); extraction of FM objects that are not classified as hunting and fishing objects; extraction and use of useful properties of the life activity of LM objects - soil formers, natural environmental health workers, plant pollinators, biofilters, etc.; study, research and other use of liquid materials for scientific, cultural, educational, educational, recreational, aesthetic purposes without removing them from the environment; obtaining waste products of LM objects.

Activities that are aimed at preserving biological diversity, ensuring sustainable existence and creating conditions for the sustainable use and reproduction of LM objects are the protection of LM.

In accordance with Art. 4 of the Law on ZhM the following objects can be classified as federal property:

Rare and endangered, as well as listed in the Red Book of the Russian Federation;

Inhabiting specially protected natural areas of federal significance;

Inhabiting the territorial sea, continental shelf and exclusive economic zone of the Russian Federation;

Subject to international treaties of the Russian Federation;

Classified as specially protected and economically valuable;

Naturally migrating across the territories of two or more constituent entities of the Russian Federation.

Public administration in the field of protection and use of FM, conservation and restoration of its habitat is based on the following basic principles:

Ensuring sustainable existence and use of food resources;

Supporting activities aimed at protecting FM and its habitat;

Prevention of cruelty to animals when using animal feed in accordance with general principles humanity;

It is inadmissible to combine activities to implement state control over the use and protection of FM and its habitat with activities to use FM objects;

Engaging citizens and public associations to solving problems in the field of protection of liquid metal objects;

Delineation of the right to use natural resources from the right to use other natural resources;

Payment for using ZhM;

A priority international law in the field of use and protection of FM and its habitat.

Towards measures government controlled in the field of protection of FM and the preservation of its habitat includes state environmental assessment, the implementation of which precedes the adoption by executive authorities of the Russian Federation and constituent entities of the Federation of an economic decision that could affect FM objects and their habitat. It is, for example, mandatory for fertilizers, pesticides, biostimulants for plant growth and materials, justification of volumes (limits, quotas) of withdrawal of LM objects and carrying out work on acclimatization and hybridization of these objects.

Another measure of public administration in this area is the establishment of restrictions and prohibitions on the use of LM objects (Article 21 of the LM Law). Thus, the use of liquid minerals, as well as certain of its objects, may be limited, suspended or completely prohibited in certain territories and waters or for certain periods of time.

For example, we can consider the order of the Head of the Odintsovo district of the Moscow region dated April 19, 2002 No. 314-r “On strengthening the protection of fish stocks in the spring of 2002 in the reservoirs of the Odintsovo district”, according to which from April 15 to June 15, 2002 . a two-month period for the protection of fish stocks is established, during which it is prohibited: fishing on Lake Paletskoye, in spawning areas of the Moscow River and in public ponds; carrying out all types of work on fishery reservoirs; holding sports competitions in fishing and other sports in all fishing reservoirs of the Odintsovo region; use of small motor fleet, with the exception of special services vessels that have standard permits issued by authorized organizations; movement of all watercraft, including rowing craft, in specially designated fish spawning areas and in the immediate vicinity of them.

Such decisions can be made by the executive authority of the Russian Federation or a subject of the Federation within its competence upon the proposal of the corresponding specially authorized state body for the protection, control and regulation of the use of liquid metal objects and their habitat. Examples of acts of the subjects of the Federation regulating the protection of human resources objects may be: Law of Moscow dated June 30, 1999 “On regulation of the use of rare and endangered wild animals and plants in the territory of the city of Moscow”, laws of the Yamalo-Nenets Autonomous Okrug dated October 11, 1998 "On reindeer husbandry" and dated June 3, 1998 "On fishing in the Yamalo-Nenets Autonomous Okrug"etc. In addition, the preservation of LM objects can be achieved by changing the type of use of LM with a ban on the removal of objects from the habitat and organizing the use of these objects without removing such objects for cultural, educational, recreational and aesthetic purposes, including the organization of eco-tourism.

Preserving the habitat of LM objects is important. Therefore, any activity that entails a change in it and a deterioration in the conditions of reproduction, feeding, rest and migration routes must be carried out in compliance with the requirements that ensure the protection of FM. Any economic activity, if it is related to the use of LM objects, must be carried out in such a way that the LM objects themselves, permitted for use, do not deteriorate their own habitat and do not cause harm to forestry, agriculture, and water management.

When locating, designing and constructing facilities related to the activities of enterprises or the life of populated areas (Chapter VII of the Law on Environmental Protection), in mandatory measures must be envisaged and carried out to preserve the habitat of LM objects and to ensure the inviolability of protective sections of territories and water areas. The Law on FM assigns great importance to measures that ensure the preservation of migration routes of FM objects and places of their constant concentration, especially during the breeding and wintering periods, during the construction of such large structures as airfields, railways, highways, pipelines, etc. transport routes, communication lines, power lines, dams, etc. The Government of the Russian Federation has approved relevant documents in this regard.

It is known that protected areas are distinguished in environmental legislation. Within such territories, in order to protect the habitats of rare, endangered valuable LM objects, special measures for their protection are applied, for which protective areas of territories and water areas are allocated that are of local importance, but necessary for the implementation of life cycles FM objects (reproduction, rearing of young animals, feeding, recreation, migration and others). In these protective areas, certain types of economic activities are prohibited or special terms and technologies for their implementation are established. The owner, owner or tenant of the site where protective territories are allocated is paid compensation. Furthermore, in accordance with Art. 24 of the law on FM, rare and endangered FM objects are included in the Red Book of the Russian Federation and (or) the Red Books of the constituent entities of the Federation, which means a prohibition of any actions that could lead to death, reduction in numbers or disruption of the habitat of FM objects. The circulation31 of wild animals listed in the Red Book of the Russian Federation is allowed only in exceptional cases32 with a permit (administrative license), which is issued by a specially authorized state environmental protection agency in a strictly established manner. Specially authorized state bodies for the protection, control and regulation of the use of liquid metal objects and their habitats in the specified protective areas territories and water areas can make proposals for the organization of species reserves. LM objects living in the territories of state reserves, national parks and in other protected areas are protected in accordance with the special protection regime for such territories.

Subjects of the Russian Federation, represented by their executive authorities, are obliged to create the necessary conditions for the conservation and breeding of rare and endangered animals, for example, through the organization and specialization of zoos and the creation of nurseries. Cases of keeping these animals in captivity and then releasing them into the wild natural environment are allowed in exceptional cases, which are also regulated by acts of the Government of the Russian Federation.

The Law on ZhM provides for complete or partial termination of the use of ZhM in the following cases: violation of the legislation on environmental protection and the conditions of use of Zh.M. stipulated by the license; the emergence of a need to withdraw LM objects from use for their protection; use of territory, water area for state needs, excluding the use of liquid minerals; liquidation of the enterprise - user of ZhM.

The protection and use of liquid metal objects is also regulated by economic methods, which include: regulation economic relations in this area between government authorities of the Russian Federation, constituent entities of the Federation and natural resource users, as well as between users of liquid minerals and users of other types of natural resources; formation of a system of payments for the use of liquid materials; creating a stable economic basis protection, reproduction and sustainable use of LM objects; economic protection state interests in the field of protection and use of liquid metal objects; economic protection of ZhM users. To ensure effectiveness economic methods a structure for economic regulation of the protection and use of LM objects has been formed, which includes: accounting and economic assessment of LM objects; an economically feasible system of payments for the use of liquid materials; budgetary financing of measures for the protection and reproduction of ZhM objects33; an economically justified system of fines and claims for violation of Russian legislation on the protection and use of liquid materials; targeted use of funds received from the sale of confiscated weapons for the illegal extraction of liquid metal objects, including vehicles and products, in the manner prescribed by the legislation of the Russian Federation, as well as from voluntary contributions from citizens and legal entities.

Another method of economic regulation of the protection and use of LM objects is economic incentives, which consists of establishing tax and other benefits provided to legal entities and citizens who ensure the protection, reproduction and sustainable use of LM objects and their habitats; providing legal entities with preferential loans to carry out work on the protection and reproduction of liquid metal objects; awarding bonuses to officials and citizens involved in the protection of liquid materials for identified violations of Russian legislation on the protection and use of liquid materials.

For violation of Russian legislation on the protection and use of liquid materials, all types of liability are provided: administrative (Article 8.29, 8.35-8.37. Administrative Code of the Russian Federation), civil (Article 1064, 1068 of the Civil Code of the Russian Federation), and criminal (Article 256-8.37). 259 of the Criminal Code of the Russian Federation). The Law on Housing Life establishes the responsibility of legal entities and citizens for:

Violation of the procedure for the use of FM and the illegal import into Russia of animals or plants recognized as causing damage to FM objects listed in the Red Books;

Violation of the rules for protecting the habitat of animals, the rules for creating zoological collections and trade in them, as well as in the unauthorized relocation, acclimatization and crossing of animal life objects;

Violation of the rules for transportation, storage and use of plant protection products and other preparations that caused damage to liquid materials;

Destruction of rare and endangered objects of human resources or commission of other actions that may lead to death, reduction in numbers or disruption of the habitat of these objects;

Violation of the rules of hunting and fishing, as well as the rules for other types of use of natural resources;

Violation of whaling regulations;

Import into Russia and export outside its borders of liquid metal objects, their products and parts without the appropriate permit;

Violation of requirements to prevent the destruction of liquid metal objects in the process of economic activity and during the operation of vehicles;

Violation of the protection regime for LM objects in state natural reserves, sanctuaries, protected areas national parks and other protected areas and water areas;

Destruction or damage to full houses and other signs installed by ZhM users or specially authorized ones government agencies on the protection, control and regulation of the use of liquid materials objects and their habitat, as well as buildings and other structures belonging to these users and bodies;

Violation of the established procedure for granting licenses for the use of FM and permits for the removal of LM objects from their habitat;

Concealment or distortion of information about the condition and number of LM objects, which is important for the safety of the population and domestic animals, the sustainable use of LM objects, their reproduction and the quality of their habitat.

Damage caused to LM objects and their habitat is compensated by legal entities and citizens voluntarily or by a court decision (of general jurisdiction or arbitration) in accordance with the rates and methods for calculating LM damage, and in their absence - at the actual costs of compensation for damage caused to objects FM and their habitat, taking into account losses incurred, including lost profits.34.

If the damage caused as a result of the life activity of LM objects to agriculture, water and forestry cannot be prevented, then if the LM user is a member of the environmental insurance fund, the losses are compensated from the funds of this fund. In case of removal of LM objects from the natural environment in violation of the law, they are confiscated free of charge or confiscated from the owner and returned to the habitat, but if this is impossible, then in accordance with civil law, they are subject to sale with compensation to the state for damage caused to LM by illegal removal .