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The concept and types of use of objects of the animal world. Fauna as an object of legal protection Fauna as an object of environmental protection

In accordance with Art. 1 of the Law of the Republic of Belarus “On Fauna”, fauna is a protected component of the natural environment, a renewable natural resource, which is the totality of all wild animals that permanently live on the territory of the Republic of Belarus or temporarily inhabit it, including wild animals in captivity.

Thus, the animal world does not include all animals, but only wild ones. According to Art. 1 of the Law these include mammals, birds, reptiles, amphibians, fish, insects and other animals living on the earth (on the surface, in the soil, in underground voids), in surface waters and the atmosphere in conditions of natural freedom, as well as wild animals in captivity (captured from their habitat, their offspring, kept and (or) bred in conditions limiting their natural freedom). Animals that make up the animal world are located within the spatial boundaries of the state. One of the signs of the animal world as an object of environmental legal relations is the presence of organisms in a living state. Wild animals that have died due to natural causes or killed by humans are automatically (i.e., without completing any documents) excluded from the animal world, regardless of other legal consequences, for example, from liability for illegal hunting of an animal. The Law “On Animal World” includes wild animals kept in captivity as part of the animal world. However, it should be noted that wild animals kept in captivity can be the objects of only certain environmental legal relations, in particular, regarding their protection, reproduction, introduction, and creation of zoological collections. At the same time, a number of provisions of the legislation on wildlife are not applicable to them, for example on habitat protection, control in the field of protection and rational use of wildlife, etc.

According to Art. 6 of the Law of the Republic of Belarus “On Wildlife”, objects of the animal world living in a state of natural freedom on the territory of the Republic of Belarus are owned by the state. Wild animals, their parts and (or) derivatives, removed in the prescribed manner from their habitat, as well as those kept and (or) bred in captivity by legal entities and citizens, are the property of these entities, unless otherwise established by legislative acts. In cases provided for by legislative acts, restrictions and prohibitions may be established on the use of seized wild animals, their parts and (or) derivatives owned by legal entities, citizens, as well as on the use of wild animals kept and (or) bred in captivity.

Ownership of wildlife

The fauna of the Russian Federation within its territory is state property. The Russian Federation has sovereign rights and exercises jurisdiction over animals on the continental shelf and in the exclusive economic zone.

This means that the animal world of the Russian Federation has been withdrawn from civil circulation, and transactions for the alienation of objects of the animal world (sale, pledge, etc.), which directly or latently violate the right of state ownership of the animal world, are invalid. The circulation of wild animals is allowed only in certain cases under special permits (administrative licenses) issued by the competent government authorities.

Objects of wildlife removed from their natural habitat may be in private, municipal, state or other forms of ownership. Possession, use and disposal of such objects are regulated by civil law.

The rights of the owner in relation to the animal world are exercised jointly by the Russian Federation and its constituent entities.

In accordance with the Federal Law “On Fauna” and the Decree of the President of the Russian Federation “On Federal Natural Resources”, the following objects of fauna are considered federal property:

rare and endangered, as well as listed in the Red Book of the Russian Federation;
living in specially protected areas of federal significance (in nature reserves, national parks, etc.);
inhabiting the territorial sea, continental shelf and exclusive economic zone of the Russian Federation;
subject to international treaties;
classified as specially protected and economically valuable;
migrating across the territory of two or more constituent entities of the Russian Federation.

On behalf of the Russian Federation and its subjects, property rights are exercised by the relevant state bodies of general competence (Federal Assembly, President of the Russian Federation, Government of the Russian Federation, local administrations) and specially authorized bodies. The state, represented by its competent authorities, provides wildlife for the use of various entities.

Concept and types of right to use wildlife

A long-term license must contain information about the user, species, objects, terms, conditions for use of the animal world, boundaries of the territory, water area necessary for use.

The user must also conclude an agreement on the provision of use of the territory (water area) necessary for the use of wildlife with the executive authority of the corresponding territory (water area).

If there are several applicants, a competition may be held.

Wildlife is provided to citizens for short-term use on the basis of a personal one-time license. It is issued by a specially authorized state body for the protection, control and regulation of the use of wildlife at their request or by users of wildlife within the limits established by it.

A personalized one-time license gives the right to use animals for a single time, indicating their types and quantity, place and period of use.

The right to use wildlife is paid. The payment system includes:

payment for the use of wildlife;
fines for excess and irrational use of wildlife.

Payments for the use of wildlife go to the budgets of the Russian Federation and its constituent entities and are spent on purposes related to the protection, reproduction and sustainable use of wildlife and its habitat. Users of wildlife also pay a license fee (Article 53 of the Wildlife Law).

The use of wildlife can be free of charge if it does not require obtaining a license. The user exercises the authority to own and use objects of the animal world on the terms and within the limits established by law, license and agreement (for legal entities). He does not have the right to dispose of objects of the animal world, unless otherwise provided by the Law on Animal World (Article 33). The disposal is carried out on the basis of the so-called management license, which is a special permit that gives the right to persons identified in it to dispose of objects of the animal world in the prescribed manner.

The rights of ownership and use are manifested through the rights and obligations of the user of the animal world, which constitute the content of the right in question. Their specific list depends on the types and subjects of use.

Users of wildlife have the right (Article 40 of the Law on Wildlife):

use the objects of the animal world provided to them;
use without permission objects of the animal world acquired for resettlement on a designated territory in accordance with the established procedure, if these objects are kept in semi-free conditions;
ownership of the obtained objects of the animal world and the products obtained from them;
issue citizens with personalized one-time licenses for the use of wildlife within the established norms, quotas and limits;
conclude agreements with legal entities and citizens for their use of wildlife objects with the simultaneous issuance of personalized one-time licenses;
conduct subsidiary farming, including processing of products obtained in the process of carrying out permitted types of use of the animal world, and produce products from objects of the animal world, as well as sell the produced products and products;
in the territories provided for use, obtain land plots for production and other purposes and erect on them permanent or temporary buildings, structures and roads necessary for carrying out activities related to the use of wildlife;
bring claims for damage caused to them by unlawful actions of legal entities and citizens, resulting in the death of animals, deterioration of their habitat, and violation of legal rights related to the use of wildlife;
have an impact on the habitat of wildlife, improving the condition of wildlife objects in agreement with the owners (users) of lands, forest resources and wildlife protection authorities.

Wildlife users are obliged to:

carry out only the types of wildlife use specified in the license;
comply with established rules, norms and terms for the use of wildlife;
use methods when using the animal world that do not violate the integrity of natural communities;
prevent destruction or deterioration of the habitat of wildlife;
carry out accounting and assessment of the condition of the objects of the animal world used, as well as assessment of the condition of their habitat;
carry out the necessary measures to ensure the reproduction of fauna;
provide assistance to government agencies in protecting wildlife;
ensure the protection and reproduction of fauna, including rare and endangered species;
use humane methods when using wildlife.

The grounds for termination of the right to use wildlife are the legal facts listed in Art. 47 of the Law on Animal World:

refusal to use;
violation of legislation on the protection of the natural environment and the conditions for the use of wildlife specified in the license for the use of wildlife;
the emergence of a need to remove wildlife objects from use for the purpose of their protection;
use of territory, water area for state needs, excluding the use of wildlife;
liquidation of an enterprise, organization, or institution that uses wildlife.

The right to use wildlife is terminated by canceling the license for the use of wildlife objects by the relevant authorities.

Legal protection 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 government 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 a general rule that any activity that entails a change in the habitat of animals and 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, during the placement, design, construction of settlements, enterprises, structures and other objects, improvement of existing and introduction of new technological processes, introduction of virgin lands into economic circulation, land reclamation, forest use, geological exploration, mining, determination grazing areas, tourist routes and the organization of places of public recreation, etc. measures must be provided and carried out to preserve the habitat and migration routes of animals.

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 migration routes of wildlife and places of their constant concentration, including during the breeding and wintering periods (Article 22 of the Law about the animal world).

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 prohibit certain types of economic activities or regulate the timing and procedure for their implementation.

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

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 the use of technologies in agriculture is not allowed and mechanisms causing mass death of 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 state of rare, endangered and endangered species of animals and plants, about the necessary measures for their conservation (Article 24 of the Law on Animal World).

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, relocation 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 natural environment.

KUBAN STATE AGRARIAN

UNIVERSITY

Faculty of Law

Department of Environmental

and land law

Abstract on the topic:

“FAMILY AS AN OBJECT OF PROTECTION AND USE”

Completed by: student YuF – 51

Verkhoturov A.Yu.

Checked by: Myagkova Anna Vasilievna

Krasnodar 2002

INTRODUCTION

CONCLUSION

LIST OF REGULATIVE ACTS AND USED LITERATURE.

Application

INTRODUCTION

The fauna is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation, the biological properties of water and the quality of the natural environment as a whole. . At the same time, the animal world is of great economic importance as a source of food products, industrial, technical, medicinal raw materials and other material assets and therefore acts as a natural resource for hunting, whaling, fishing and other types of fishing. Certain species of animals have great cultural, scientific, aesthetic, educational, and scientific significance.

The object of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, in soil, permanently or temporarily inhabiting the territory of the country . Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such objects. They are a property owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

A feature of the animal world is that this object is renewable, but this requires compliance with certain conditions directly related to the protection of animals. If exterminated or the conditions of their existence are violated, certain species of animals may completely disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species, contributes to their restoration and renewal. The animal world is susceptible to transformative human activity: it is possible to domesticate wild animals, crossbreed and breed new species, raise certain species of animals in artificial conditions and move them to natural habitats.

1. STATE ADMINISTRATION AND CONTROL IN THE AREA OF WILDLIFE CONSERVATION AND USE.

In accordance with the Constitution of the Russian Federation, issues of ownership, use and disposal of wildlife on the territory of the Russian Federation fall under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation. Issues that are not within the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its constituent entities are in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the constituent entities of the Russian Federation.

The area of regulation of relations for the protection and use of wildlife includes: management of wildlife; determination of general activities and establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for state registration of animals and their use and the procedure for maintaining the state cadastre of fauna (Article 14 of the Federal Law “On Animal World” of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of wildlife and their habitats (Article 17 of the Law); state control over the protection and use of wildlife and establishing the procedure for its implementation (Article 16 of the Law); solving other issues.

To ensure the protection and organization of rational use of the animal world, in accordance with the law “Animal World”, state registration of animals and their use is carried out, and a state cadastre of animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers, characteristics necessary for them land, modern management, through the use of animals and other necessary data.

The state cadastre of wildlife includes the requirements and data of state registration of animals and their use in quantitative and qualitative indicators, as well as information necessary to ensure the protection of wildlife, planning, placement and specialization of hunting and fishing and other sectors of the national economy, implementation of other activities related to the use fauna, resource assessment and forecast of the state of the fauna, organization of measures to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are hunted in accordance with the established procedure, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and beneficial to forests and agricultural crops), animals listed in the Red Book, listed on the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as those getting married on the territory of state reserves and natural national parks. Along with wild animals, the objects of the state cadastre of the animal world, lands necessary for animals (land, water, forest) are also recognized, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary conditions of existence and, first of all, food.

For environmental and economic reasons, society is also interested in regulating the number of fauna. The Animal World Law provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. Regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the preservation of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized government bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife is state control. State control over the protection and use of wildlife has the task of ensuring that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, fulfill responsibilities for the protection of wildlife, compliance with the established procedure for the use of wildlife and other rules established by legislation on the protection and use of animals peace.

Along with state control, departmental control over the protection and use of wildlife is also carried out by those bodies in charge of enterprises and institutions that use objects of the wildlife.

In the fight against poaching, internal affairs agencies play an active role. Together with government agencies, control over the protection and use of wildlife is carried out by societies of fishermen and hunters, public inspections for the protection of wildlife created under the bodies of hunting supervision and fish conservation.

2. RIGHT TO USE WILDLIFE OBJECTS

Users of wildlife, in accordance with the law, can be state, public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the extraction of invertebrates and marine mammals that are not related to hunting and fishing objects); for scientific, cultural, educational, educational and aesthetic purposes; the use of beneficial properties of animal life - soil formers, natural nurses among plant pollinators, etc.; for the purpose of obtaining animal waste products.

The most common types of animal use are hunting and fishing.

Hunting is defined as a legally permitted activity consisting of the pursuit for the purpose of production and the extraction (shooting, catching) of wild animals and birds in a state of natural freedom by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Finding weapons, dogs, birds of prey, traps and other hunting tools or harvested products on hunting grounds is equivalent to hunting.

Legal regulation of hunting is carried out on the basis of both the Law “On Wildlife” and some special legal acts, including the Regulations on Hunting and Game Management, approved by the Resolution of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Model Rules of Hunting in the RSFSR 1988, etc.

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey is enjoyed by all citizens of the Russian Federation who have reached the age of 18, are members of a hunting society, have passed the minimum hunting test and paid the state fee in the prescribed amount.

Fishing - commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as recreational and sport fishing and harvesting of aquatic invertebrates - is carried out in accordance with the established procedure.

The most general special act regulating fishing is the Regulation on the protection of fish stocks and on the regulation of fishing in water bodies of the USSR, approved by a resolution of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

There are different types of fishing: commercial, sport and amateur. Moreover, the legislation does not establish formal criteria distinguishing between sport and recreational fishing. There are also no differences in their legal regulation.

All water bodies that are or can be used for commercial fish production or are important for the reproduction of fish stocks are considered fisheries. The list of water bodies intended to preserve the reproduction and production of fish resources is determined by the Government of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation.

Commercial fishing is carried out in fishing areas provided for use under contracts and licenses to legal entities and individuals.

Recreational and sports fishing is carried out for personal consumption free of charge in all reservoirs, with the exception of nature reserves, fish hatcheries, ponds and other cultural fish farms, in compliance with the established rules of fishing and water use.

Legal regulation of the use and protection of objects of the animal world is carried out by establishing the types and methods of using the animal world, establishing restrictions and prohibitions on the use of objects of the animal world, and protecting the habitat of objects of the animal world. In particular, the preservation of objects of the animal world can be achieved by changing the type of use of the animal world with the prohibition of removing objects of the animal world from the habitat and organizing the use of these objects without removal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of eco-tourism.

Since the possibilities of preserving objects of the animal world and their habitat largely depend on the conditions for various human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law “On Animal World”. A general rule has been established here, in accordance with which any activity entailing a change in the habitat of fauna and deterioration of the conditions for their reproduction, feeding, recreation, migration routes must be carried out in compliance with the requirements ensuring the protection of fauna. Economic activities related to the use of wildlife objects must be carried out in such a way that the wildlife objects permitted for use do not deteriorate their own habitat or cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the decree of the Government of the Russian Federation of August 16, 1996, which approved “Requirements for preventing the death of wildlife objects during production processes, as well as during the operation of transport highways, pipelines, communication and power lines.” The requirements regulate production activities in order to prevent the death of animal objects living in conditions of natural freedom as a result of changes in the habitat and disruption of migration routes; hits into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution quite fully regulates the requirements for the protection of wildlife during the implementation of agricultural, forestry, industrial and water management production processes, the operation of transport highways and facilities, pipelines, the design, construction and operation of communication and power lines.

Thus, when carrying out agricultural production processes, the use of technologies and mechanisms that cause mass death of wildlife or changes in their habitat is not allowed. When carrying out field agricultural work, it is necessary to use technology, specially equipped agricultural machinery, and work procedures that exclude the possibility of death of animals.

When creating and operating irrigation and drainage structures in natural habitats, on migration routes and in places of seasonal concentration of wildlife, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake structures and canals of irrigation and drainage systems with special protective devices.

In order to protect the animal world, a more stringent regime for the use of animals in nature reserves, sanctuaries and other specially protected areas is established. Use of wildlife and other activities that are incompatible with the goals of conservation are prohibited here.

The protection of rare and endangered species of animals is of great importance. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers, or disruption of their habitat are not permitted.

CONCLUSION

If we consider the situation with animal protection in the Krasnodar Territory, we can note that we have a fairly large number of unfavorable factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, pollution of the environment, deforestation, incl. and in the territory of reserves and national parks, continuous plowing of steppes, planting monocultures, construction and operation of hydraulic structures, sudden changes in water levels in reservoirs, burning of plant residues in fields and reed thickets.

These, as well as the socio-economic conditions that have developed in recent years (including sharply increasing poaching) have led to a decrease in the numbers of the main species of game animals in the region. Over the past 10 years, the number of wild boar has decreased by 57%, deer by 62%, and roe deer by 65%. The issue of banning hunting of ungulates in the region has become urgent.

The number of valuable fur-bearing animals such as muskrat, raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement rapidly decreased, and actual production is impossible to determine, because A significant number of firms and citizens began to engage in this type of activity. It is urgent to consider the issue of licensing this activity.

In recent years, the pressure on hunting grounds has increased significantly. By the beginning of 2001, the number of hunters in the region was over 100 thousand people. The activities of some new public hunting organizations, which, without hunting lands, issue hunting tickets and collect membership fees, are alarming. They do not provide any information to government agencies about their activities.

Unfortunately, local environmental services, when such facts are identified, are not always able to take effective measures. In this regard, it is necessary to strengthen the coordination of all government services with the involvement of the main hunting users and create a regional hunting council. State hunting reserves are of great importance for the hunting industry of the region. With the area of the reserves being 4.2% of all hunting grounds in the region, about a third of all ungulates are concentrated here.

It is necessary to continue work to increase the area of reserves, comply with the regimes of their activities, and improve financing. Due to the sharp rise in prices for feed, fuels and lubricants, and transport, work on breeding and relocating game animals has practically ceased. The volume of biotechnical and security measures has been significantly reduced. The fight against harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only game animals are protected under an outdated legal framework.

As before, in most cases, the harvesting of animals not related to hunting and fishing, most insects, non-game birds, incl. listed in the Red Book of Russia. The industrial procurement of aquatic invertebrates, the procurement of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should come into the field of view as work begins in the committee on licensing certain types of activities.

And in conclusion, we can say that the increasing threat of environmental disaster on a global scale raises awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international society.

The loss of any biological species of wild nature causes damage to the interests of society, leads to irreparable losses of the gene pool, and poses the danger of destruction of entire ecosystems and weakening of the protective functions of the biosphere.

LIST OF REGULATIVE ACTS AND USED LITERATURE.

with amendments and additions dated November 23, 1996. and dated July 30, 1998 / Rossiyskaya Gazeta 1996. February 15.

“On the procedure for maintaining state registration, state cadastre and state monitoring of wildlife objects” Decree of the Government of the Russian Federation of November 10, 1996. N 1342 // SZ RF. 1996, N 47, art. 5335.

10.

Erofeev B.V. Land law. M., 1998.

11.

12.

Land law in Russia // Ed. Petrova V.V. M., 1995

KUBAN STATE AGRARIAN

UNIVERSITY

Faculty of Law

Department of Environmental

and land law

Abstract on the topic:

“FAMILY AS AN OBJECT OF PROTECTION AND USE”

Completed by: Law School student – 51

Verkhoturov A.Yu.

Checked by: Myagkova Anna Vasilievna

Krasnodar 2002

INTRODUCTION

1. State administration and control in the field of protection and use of wildlife.

2. The right to use objects of the animal world.

3. Legal protection of wildlife.

CONCLUSION

LIST OF REGULATIVE ACTS AND USED LITERATURE.

Application

INTRODUCTION

The fauna is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation, the biological properties of water and the quality of the environment the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food products, industrial, technical, medicinal raw materials and other material assets and therefore acts as a natural resource for hunting, whaling, fishing and other types of fishing. Certain species of animals have great cultural, scientific, aesthetic, educational, and scientific significance.

The object of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, in soil, permanently or temporarily inhabiting the territory of the country. Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not considered such objects. They are a creature owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

1. STATE ADMINISTRATION AND CONTROL IN THE FIELD OF PROTECTION AND USE OF WILDLIFE.

In accordance with the Constitution of the Russian Federation, issues of ownership, use and disposal of wildlife on the territory of the Russian Federation fall under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation. Issues that are not within the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its constituent entities are dealt with in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the constituent entities of the Russian Federation.

The area of regulation of relations for the protection and use of wildlife includes: management of wildlife; defining general activities and establishing basic provisions, rules and regulations in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for state registration of animals and their use and the procedure for maintaining the state cadastre of fauna (Article 14 of the Federal Law “On Animal World” of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of wildlife and its habitat (Article 17 of the Law); state control over the protection and use of wildlife and establishing the procedure for its implementation (Article 16 of the Law); solving other issues.

To ensure the protection and organization of rational use of wildlife, in accordance with the Law “On Wildlife”, state registration of animals and their use is carried out, and a state cadastre of wildlife is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers , characteristics of the land they need, modern management, through the use of animals and other necessary data.

The state cadastre of wildlife includes the requirements and data of state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of wildlife, planning, placement and specialization of hunting and fishing and other sectors of the national economy, implementation of other activities, related to the use of wildlife, assessment of resources and forecast of the state of wildlife, organization of measures to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are hunted in accordance with the established procedure, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and agricultural crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as located on the territory of state reserves and natural national parks. Along with wild animals, the objects of the state cadastre of fauna, lands necessary for animals (land, water, forest) are also recognized, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary conditions of existence and, first of all, food.

For environmental and economic reasons, society is also interested in regulating the number of wildlife. The Law on Wildlife provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. Regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized government bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife is state control. State control over the protection and use of wildlife has the task of ensuring that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, fulfill responsibilities for the protection of wildlife, adherence to the established procedure for the use of wildlife and other rules established by legislation on protection and the use of wildlife.

Along with state control, departmental control over the protection and use of wildlife is also carried out by those bodies that are in charge of enterprises and institutions that use wildlife objects.

In the fight against poaching, internal affairs bodies play an active role. Together with government agencies, control over the protection and use of wildlife is carried out by societies of fishermen and hunters, public inspections for the protection of wildlife created under the hunting supervision and fish conservation authorities.

2. RIGHT TO USE WILDLIFE OBJECTS

Users of wildlife, in accordance with the law, can be state and public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the extraction of invertebrates and marine mammals that are not related to hunting and fishing objects); for scientific, cultural, educational, educational and aesthetic purposes; the use of beneficial properties of animal life - soil formers, natural orderlies among plant pollinators, etc.; for the purpose of obtaining animal waste products.

The most common uses of wildlife are hunting And fishing.

Hunting is defined as a type of activity permitted by law, consisting of the pursuit for the purpose of production and the extraction (shooting, catching) of wild animals and birds in a state of natural freedom, by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Being in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with harvested products is equivalent to hunting.

KUBAN STATE AGRARIAN

UNIVERSITY

Faculty of Law

Department of Environmental

and land law

Abstract on the topic:

“FAMILY AS AN OBJECT OF PROTECTION AND USE”

Completed by: Law School student – 51

Verkhoturov A.Yu.

Checked by: Myagkova Anna Vasilievna

Krasnodar 2002

INTRODUCTION

1. State administration and control in the field of protection and use of wildlife.

2. The right to use objects of the animal world.

3. Legal protection of wildlife.

CONCLUSION

Application

INTRODUCTION

The fauna is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation, the biological properties of water and the quality of the environment the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food products, industrial, technical, medicinal raw materials and other material assets and therefore acts as a natural resource for hunting, whaling, fishing and other types of fishing. Certain species of animals have great cultural, scientific, aesthetic, educational, and scientific significance.

The object of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, in soil, permanently or temporarily inhabiting the territory of the country. Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not considered such objects. They are a creature owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

1. STATE ADMINISTRATION AND CONTROL IN THE FIELD OF PROTECTION AND USE OF WILDLIFE.

In accordance with the Constitution of the Russian Federation, issues of ownership, use and disposal of wildlife on the territory of the Russian Federation fall under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation. Issues that are not within the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its constituent entities are dealt with in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the constituent entities of the Russian Federation.

Animals subject to registration and entry into the cadastre include animals that are hunted in accordance with the established procedure, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and agricultural crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as located on the territory of state reserves and natural national parks. Along with wild animals, the objects of the state cadastre of fauna, lands necessary for animals (land, water, forest) are also recognized, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary conditions of existence and, first of all, food.

2. RIGHT TO USE WILDLIFE OBJECTS

The most common uses of wildlife are hunting And fishing.

Legal regulation of hunting is carried out on the basis of both the Law “On Animal World” and some special regulatory legal acts, including the Regulations on Hunting and Game Management, approved by a resolution of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Standard hunting rules in the RSFSR 1988, etc.

The right to hunt with hunting firearms, other permitted hunting weapons, as well as with hunting dogs and birds of prey is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunter societies, who have passed the minimum hunting test and paid the state fee in the prescribed amount.

Fishing – commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as amateur and sport fishing and harvesting of aquatic invertebrates – is carried out in accordance with the established procedure.

The most general special act regulating fisheries is the Regulation on the protection of fish stocks and on the regulation of fisheries in water bodies of the USSR, approved by a resolution of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

Fisheries vary commercial, sports And amateur. Moreover, the legislation does not establish formal criteria distinguishing between sport and recreational fishing. There are also no differences in their legal regulation.

Promyslovaya production is carried out in fishing areas provided for use under contracts and licenses to legal entities and individuals.

Amateur fishing and sports Fishing is carried out for personal consumption free of charge in all water bodies, with the exception of reserves, fish hatcheries, ponds and other cultural fish farms, in compliance with the established rules of fishing and water use.

4. LEGAL PROTECTION OF WILDLIFE.

Legal regulation of the use and protection of objects of the animal world is carried out by establishing the types and methods of using the animal world, establishing restrictions and prohibitions on the use of objects of the animal world, and protecting the habitat of objects of the animal world. In particular, the conservation of objects of the animal world can be achieved by changing the type of use of the animal world with the prohibition of the removal of objects of the animal world from the habitat and organizing the use of these objects without removal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of eco-tourism.

Since the possibilities of preserving objects of the animal world and their habitat largely depend on the conditions for various human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law “On Animal World”. A general rule has been established here, according to which any activity that entails a change in the habitat of fauna and deterioration of the conditions for their reproduction, feeding, recreation, and migration routes must be carried out in compliance with the requirements ensuring the protection of the fauna. Economic activities related to the use of wildlife objects must be carried out in such a way that the wildlife objects permitted for use do not deteriorate their own habitat and do not cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the decree of the Government of the Russian Federation of August 16, 1996, 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.” The requirements regulate production activities in order to prevent the death of wildlife living in conditions of natural freedom as a result of changes in the habitat and disruption of migration routes; hits into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution quite fully regulates the requirements for the protection of wildlife during the implementation of agricultural, forestry and forestry, industrial and water management production processes, the operation of transport highways and facilities, pipelines, during the design, construction and operation of communication and power lines.

When creating and operating irrigation and reclamation structures in natural habitats, on migration routes and in places of seasonal concentration of wildlife, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake structures and channels of irrigation systems with special protective devices.

The protection of rare and endangered species of animals is of great importance. Such animals are included in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers, or disruption of their habitat are not permitted.

CONCLUSION

If we consider the situation with animal protection in the Krasnodar Territory, we can note that we have a fairly large number of unfavorable factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, pollution of the natural environment, deforestation, incl. and on the territory of reserves and national parks, continuous plowing of steppes, planting of monocultures, construction and operation of hydraulic structures, sharp changes in water levels in reservoirs, burning of plant residues in fields and reed thickets.

The number of valuable fur-bearing animals such as muskrat, raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement rapidly decreased, and actual production is impossible to determine, because A significant number of firms and citizens began to engage in this type of activity. There is an urgent need to consider licensing this activity.

It is necessary to continue work to increase the area of reserves, comply with the regimes of their activities, and improve financing. Due to the sharp rise in prices for feed, fuels and lubricants, and transport, work on breeding and relocating game animals has practically ceased. The volume of biotechnical and security measures has been significantly reduced. The work to combat harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only game animals are protected under an outdated legal framework.

Still not regulated, in most cases, is the taking of animals that are not related to hunting and fishing, most insects, non-game birds, incl. listed in the Red Book of Russia. The industrial procurement of aquatic invertebrates, the procurement of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should be taken into account as work begins in the committee on licensing certain types of activities.

The loss of any biological species of wild nature is detrimental to the interests of society, leads to irreparable losses of the gene pool, and carries the danger of destruction of entire ecosystems and weakening of the protective functions of the biosphere.

LIST OF REGULATIVE ACTS AND USED LITERATURE.

2. On environmental protection: Federal Law of the Russian Federation of December 20, 2001. // Russian newspaper. 2002. January 12.

4. On the continental shelf of the Russian Federation: Federal Law of the Russian Federation dated November 30, 1995 No. 187-FZ with amendments and additions dated February 10, 1999 // Russian newspaper. 1995. December 7.

5. On the exclusive economic zone of the Russian Federation: Federal Law of the Russian Federation of December 17, 1998 N 191-FZ // SZ RF. 1998 No. 51. art. 6273.

6. “On specially authorized state bodies for the protection, control and regulation of the use of wildlife and their habitats” Decree of the Government of the Russian Federation of January 19, 1998 N 67 // Rossiyskaya Gazeta 1998. January 31.

7. “On approval of the Requirements for preventing the death of wildlife during production processes, as well as during the operation of transport highways, pipelines, communication and power lines” Decree of the Government of the Russian Federation of August 13, 1996 N 997 // SZ RF. 1996, N 37, art. 4290.

8. “On the list of fauna objects classified as hunting objects” Decree of the Government of the Russian Federation of December 26, 1995 N 1289 with amendments and additions of November 23, 1996. and dated July 30, 1998 / Rossiyskaya Gazeta 1996. February 15.

9. “On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects” Decree of the Government of the Russian Federation of November 10, 1996 N 1342 // SZ RF. 1996, N 47, art. 5335.

10. Erofeev B.V. Land law. M., 1998.

11. Environmental law // Ed. Petrova V.V. M., 1995

12. Land law of Russia // Ed. Petrova V.V. M., 1995

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Ownership of wildlife

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Legal protection of wildlife

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The concept and types of use of objects of the animal world. Fauna as an object of legal protection Fauna as an object of environmental protection

More on the topic Fauna as an object of protection and use:

Ownership of wildlife

Concept and types of right to use wildlife

Legal protection of wildlife

KUBAN STATE AGRARIAN

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Tutoring

What else to read

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