home

Legal regulation of the use and protection of wildlife. Fauna as an object of use Fauna as an object of protection

Introduction

The fauna is an integral part of the biosphere and ensures its normal functioning. It participates in various relationships in living nature, affects the formation of vegetation cover and natural soil fertility, biological properties water. The animal world is of great importance for scientific, educational and aesthetic purposes. The well-being of the animal world affects the entire ecosystem, the state and performance of various industries national economy. The fauna is very susceptible to changes in environmental conditions, so it is necessary to take measures to protect it. The importance of conserving all types of organisms is stated in the Convention on Biological Diversity, adopted by the United Nations Conference on Environment and Development, held in Rio de Janeiro in 1992. The Rio de Janeiro Declaration notes that the conservation environment must become an integral component of the development process and cannot be considered outside of it. Therefore, rational use of natural resources and environmental protection are current problems modern world. Convention on Biological Diversity. Rio de Janeiro 06/05/1992

Currently, the problem of protecting the animal world is becoming increasingly important due to the fact that for a long time people thoughtlessly exterminated wildlife. As a result, many hundreds of species of living organisms disappeared from the face of the earth. According to scientists, on our planet an average of one species or subspecies of vertebrates disappears every year, and if the current level of impact on nature is maintained, in ten years up to 20% of living organisms on our planet will disappear.

Finally, can't help but worry high level offenses in this area. In these cases, one has to take into account not only the environmental damage caused, the high degree of social danger of illegal behavior, but also its manifestations such as mass character and latency, as well as the lack of proper response from law enforcement and environmental authorities even to known facts violations of legislation on the protection and use of wildlife.

It should also be noted that on a number of issues of theory and practice there is no unity of views among scientists. Therefore many questions legal regulation relations in the field of protection and use of wildlife remain relevant to the present day.

The concept and types of use of objects of the animal world

Fauna as an object of legal protection

The animal world is a vital organic part of our environment. natural environment, an integral element of the biosphere, subject to full protection and rational use in the interests of current and future generations of people.

According to Article 1 of the Federal Law of April 24, 1995 “On the Animal World,” the animal world is a collection of living organisms of all types of wild animals that permanently or temporarily inhabit the territory Russian Federation and those in a state of natural freedom, as well as those related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation. Federal Law of April 24, 1995 “On the Animal World.” NW RF. 1995. No. 17. Art. 1462.

Belykh L.A. does in his work the following conclusions from this definition:

1. the animal world is not only wild animals, but a huge collection of living organisms of all types of wild animals;

2. an integral element of the content of the concept “animal world” is the concept “object of the animal world”;

3. it is necessary to distinguish between the special (biological) and legal concepts of the animal world;

4. objects of the animal world are also characterized by such a feature as their being in a state of natural freedom;

5. fauna includes wild animals that permanently or temporarily inhabit the territory of the Russian Federation. Animals belonging to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation can be considered part of the animal world. Belykh L.A. Administrative and legal regulation of the protection and use of wildlife in the Russian Federation. Author's abstract. dis. Ekaterinburg. 2005.

This work also substantiates the biological and legal classification of objects of the animal world. Biological classification includes the division of wild animals into species, genera, families, orders, classes, types, etc. Legal classification covers:

· animals of specially protected species listed in the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation;

· game animals;

· fish and other aquatic animals classified as fishery objects;

· animals of other species that are not objects of hunting and fishing;

In addition, all animals can be divided into those that have federal, regional and local significance.

Vedenin N.N. As part of his work, he criticizes the concept of the animal world enshrined in the Federal Law “On Animal World”.

The author provides a number of arguments to support his position. Firstly, its purely territorial aspect. The fauna is a collection of animals that inhabit not only the Russian Federation. And secondly, this definition does not cover all animals, but only those in a state of natural freedom. In other words, only wild fauna fits the definition, which is not equivalent to the animal world as a whole. In the broad sense of the word, the animal world is all organisms of animal origin, and not just wild fauna. In addition to wild animals themselves, this concept also covers domestic animals, which, according to current legislation, as not being in a state of natural freedom, do not belong to the animal world. The inconsistency of this does not require special proof, since it is in clear contradiction with the scientific and even purely everyday idea of the animal world. Consequently, in a strictly scientific sense, the concept of “fauna” should cover all varieties of the animal world, including domestic animals, which in the legal literature are often taken beyond its boundaries and are considered only as commodity-material assets, objects of property rights and other rights. In connection with the above, it is necessary to note the discrepancy between the name of the Federal Law and its content. The latter concerns not the entire animal world, but only part of it - wild fauna. This is clearly stated in Art. 3 of this Law.

Along with the above definition of the animal world, a definition of its object is also given: “An object of the animal world is an organism of animal origin (wild animal) or its population” (Article 1). Couldn't say it any clearer. A non-wild animal is not an object of the animal kingdom and, therefore, does not fall under the scope of this Law. Vedenin N.N. Fauna: problems of protection and use.

One cannot but agree with the point of view of N.N. Vedenin. regarding the imperfections of the Law “On Animal World”.

It seems that the fundamental Law on Animal World should also contain norms defining the issues of protection and use of domestic animals, regulated by it and other legislation, especially civil law. The subject of the latter should be mainly relations associated with the use of domestic animals as objects of property legal relations, and legislation on the animal world should be relations associated mainly with the protection of the gene pool and the consolidation of generally humane principles of treatment of animals.

CONTROLLED INDEPENDENT WORK

LEGAL REGULATION
PROTECTION AND USE OF WILDLIFE

Environmental law

Grodno 2011

BRIEF SUMMARY

In the 11th century, humanity realized the importance environmental problems and, importantly, are undertaken in on a global scale practical steps to prevent the impending environmental disaster, to rebuild the economy on a fundamentally different basis, on the principles of environmental safety, conservation of natural resources, and the use of inexhaustible energy resources. The transition to an ecosystem-based economy is a huge contribution to protecting the environment.

The animal world, being integral part natural environment, acts as an integral link in the chain ecological systems, a necessary component in the process of the cycle of matter and energy of nature, actively influencing 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 as a whole. At the same time, the animal world has a large economic importance: as a source of receipt food products, industrial, technical, medicinal raw materials and others material assets. Certain species of animals have great cultural, scientific, aesthetic, educational, and medicinal significance.

The fauna occupies one of the main places in the system of natural resources, being an integral element of the natural environment and an object of protection. A special feature of fauna objects is that they are renewable, but this requires compliance with certain conditions related to the peculiarities of their use and protection.

Therefore, legal regulation of relations in the field of protection and use of fauna and their habitats is so important in order to preserve the integrity of natural communities, biological diversity and ensure the sustainable use and reproduction of fauna, as well as to strengthen law and order in this area.

This material reveals a number of issues related to: the definition of the animal world as an object of protection and use; state management in the field of protection and use of wildlife; the right to use wildlife; legal protection of wildlife; the legal regime of zoological collections, as well as liability for violation of legislation on the protection and use of wildlife.

Having studied this topic students must acquire relevant knowledge and learn to use it in practice.

THEMATIC PLAN

1. Fauna as an object of protection and use.

2. Public administration in the field of protection and use of wildlife.

3. The right to use wildlife.

4. Legal measures protection of wildlife.

5. Legal regime zoological collections.

6. Responsibility for violation of legislation on the protection and use of wildlife.

Fauna as an object of protection and use

Fauna is a protected component of the natural environment, renewable natural resource, which is the totality of all wild animals permanently inhabiting the territory of the Republic of Belarus or temporarily inhabiting it, including wild animals in captivity.

Based on the above definition, the animal world does not include all animals, but only wild ones. According to Art. 1 of the Law “On the Animal World” 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 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 with restrictions on their natural freedom). The sign that separates wild animals from domestic ones is the fact that wild animals arise and exist mainly naturally without significant human control. It should be borne in mind that in some cases the reproduction of wild animals is largely under human control (for example, rare and endangered species of animals, valuable species fish, animals that are objects of hunting).

Animals that make up the animal world are located within the spatial boundaries of the state. Arriving during migration through state borders wild animals are automatically included in the animal world of the Republic and become objects of state property rights, which is associated with significant fluctuations in the number of animals included in the animal world of the Republic of Belarus.

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 died due to natural causes or were 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 above norm of the Law of the Republic of Belarus “On Animal World” includes wild animals kept in captivity in the animal world. It should be noted that earlier legislation contained such a feature of the animal world as animals being in a state of natural freedom. A similar interpretation is proposed in the scientific literature, and the state of natural freedom is considered as a key feature of the animal world as an object of environmental legal relations. Thus, the concept of the animal world in the new Law has been expanded. 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 conservation and rational use animal world, 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 the use of wild animals kept and (or) bred in captivity.

§ 2. Public administration in the field of security
and use of wildlife

State regulation and management in the field of protection and use of wildlife is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, local Councils of Deputies, executive and administrative bodies, other government bodies (hereinafter, unless otherwise indicated , - authorized state bodies in the field of protection and use of wildlife) within their competence.

Competence of the President of the Republic of Belarus in the field of protection and use of wildlife:

1. defines a single public policy;

2. approves government programs in the field of protection and use of wildlife;

3. determines the authorized state bodies in the field of hunting and fishing activities, as well as their competence;

4. approves the rules for conducting hunting and hunting, the rules for conducting fishing and fishing;

5. makes decisions on the transfer of hunting and fishing lands for free use for hunting and fishing;

6. establishes rates for determining the amount of compensation for damage caused to the environment by individuals and legal entities as a result of the illegal seizure or destruction of wild animals and harmful effects on their habitat;

7. determines the authorized state bodies and officials who exercise state control in the field of protection and use of wildlife.

Ministry of Natural Resources and Environmental Protection of the Republic of Belarus in the field of protection and use of wildlife:

1. pursues a unified state policy;

2. coordinates the activities of authorized state bodies in this area, unless otherwise established by legislative acts;

3. exercises state control in the field of protection and use of wildlife;

4. establishes restrictions and prohibitions on the implementation individual species use of objects of the animal world, use of wild animals of certain species, in certain areas, at certain times, as well as for the use of certain tools, methods of removing wild animals, unless otherwise established by legislative acts;

5. establishes restrictions, prohibitions or other measures regarding the protection, removal, keeping and (or) captive breeding, exhibition of wild animals, including wild animals belonging to species included in the Red Book of the Republic of Belarus, to species falling under action international treaties of the Republic of Belarus, their parts and (or) derivatives or trade in such animals, their parts and (or) derivatives, as well as in relation to the protection of their habitat;

6. makes, in cases and in the manner provided for by the legislation on the protection and use of wildlife, on environmental protection, decisions on full or partial suspension until the identified violation of economic and other activities of legal entities and (or) citizens that have a harmful effect on animal objects is eliminated the world and (or) their habitat;

7. makes claims to legal entities and (or) citizens who have caused harm to objects of the animal world, their habitat, and claims in court for compensation for damage caused to objects of the animal world, their habitat;

8. brings claims to the court for the termination by legal entities and (or) citizens of economic and other activities that have a harmful impact on the objects of the animal world and (or) their habitat, in case of violation of the legislation on the protection and use of the animal world, as well as in cases provided for by environmental protection legislation;

9. carries out international cooperation in this area.

The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus also exercises other powers in the field of protection and use of wildlife in accordance with the Law of the Republic of Belarus “On Flora” and other acts of legislation.

Participation of citizens, public associations and territorial public self-government bodies in the implementation of state regulation and management in the field of protection and use of wildlife

Citizens, public associations and bodies of territorial public self-government have the right to participate in the adoption of rights and legitimate interests that affect them government decisions related to the protection and use of wildlife, through local referendums, meetings and other forms of direct participation in state and public affairs in accordance with the law.

Citizens, public associations and bodies of territorial public self-government have the right to receive from authorized state bodies in the field of protection and use of wildlife environmental information in the field of protection and use of objects of wildlife and their habitat, with the exception of information that is not subject to provision and dissemination in accordance with with legislative acts.

Public inspectors of nature protection, other citizens, public associations and territorial public self-government bodies:

carry out work on propaganda and education among citizens careful attitude to objects of the animal world, preventing harm to them and (or) deterioration of their habitat;

provide assistance to the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and other authorized state bodies in the field of protection and use of wildlife in carrying out measures to protect objects of wildlife, exercising state control in the field of protection and use of wildlife;

exercise public control in the field of protection and use of wildlife.

The procedure for providing assistance to public environmental inspectors, other citizens, public associations and bodies of territorial public self-government in the implementation of state regulation and management in the field of protection and use of wildlife is established by legislation on environmental protection.

State control in the field of protection and use of wildlife objects is an integral part of state control in the field of environmental protection and is carried out by preventing, identifying and suppressing offenses in the field of protection and use of wildlife objects. State control is exercised by officials of government bodies in the field of protection and use of wildlife within the limits of their competence, as well as by officials of the state forest protection.

Article 53 of the Law of the Republic of Belarus “On Animal World” provides that in order to obtain information about the state of objects of the animal world, the volume, nature and mode of their use, accounting objects of the animal world and the volumes of their use. The information obtained in this way is used when conducting state cadastre fauna, containing a set of information about the geographical distribution of species (groups of species) of animals, their numbers, characteristics of the lands they need, characteristics of modern economic use animals and other necessary data. Users of wildlife are required to annually record the wildlife objects they use and the volumes of their removal and submit the obtained data to the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus.

Wildlife monitoring is a type of environmental monitoring and is carried out in accordance with the Regulations on the procedure for conducting National system environmental monitoring in the Republic of Belarus monitoring of fauna and use of its data. Monitoring of fauna is carried out by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus jointly with the Ministry of Forestry of the Republic of Belarus, the Ministry of Emergency Situations of the Republic of Belarus (Department for Elimination of Consequences of Disasters in Chernobyl nuclear power plant), the Ministry of Agriculture and Food of the Republic of Belarus, the Ministry of Health of the Republic of Belarus, other government bodies and the National Academy of Sciences of Belarus.

Monitoring of the animal world is carried out in the following areas: observation of wild animals related to hunting and fishing objects included in the Red Book of the Republic of Belarus; observation of the habitat of these wild animals; in other areas determined by the Ministry of Natural Resources and Environmental Protection.

§ 3. Right to use wildlife

In accordance with the Law of the Republic of Belarus “On Animal World”, the use of objects of the animal world constitutes the use of objects of the animal world, useful properties and (or) products of vital activity of objects of the animal world when carrying out economic and other activities.

The right to use the animal world in an objective sense is a set of legal norms, establishing the conditions and procedure for the use of objects of the animal world, their conservation and reproduction, the rights and obligations of users of the animal world. The use of objects of the animal world should be carried out in ways that do not lead in the long term to the depletion of the biological diversity of the animal world and thereby preserve its ability to reproduce and meet the needs of current and future generations of people.

The following types of use of wildlife may be carried out in the Republic of Belarus:

Commercial hunting;

Recreational fishing;

Commercial fishing;

Extraction and storage of wild animals not related to hunting and fishing;

The use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of implementation cultural activities;

Using the beneficial properties of life activity of objects of the animal world;

Use of waste products of animal objects.

The use of wildlife is carried out through the removal of objects of wildlife from the habitat (harvest or capture of wild animals) or without it. The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus approves limits on the seizure of wild animals, i.e., the maximum permissible volumes of seizure of wild animals established for entities engaged in the special use of wildlife objects for a certain period of time.

Depending on the grounds for its occurrence, the right to use the animal world is divided into general And special.

According to Art. 25 of the Law of the Republic of Belarus “On Fauna” is in order common use citizens hunt; recreational fishing; production of wild animals not related to hunting and fishing, use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities; using the beneficial properties of the life activity of objects of the animal world; use of waste products of animal objects. At the same time, many of the types of wildlife use specified in this article, classified as general environmental management, are carried out under permits and for a fee, which does not correspond to the traditional interpretation of the characteristics of general environmental management in the legal literature. For example, citizens have the right to hunt if they have a number of documents listed in Art. 27 of the Law, and must pay a state fee for granting the right to hunt.

Right of special use objects of the animal world is carried out by legal entities, individual entrepreneurs for a fee, unless otherwise established by the Law of the Republic of Belarus “On Animal World” and other legislative acts, for the following types: commercial hunting; commercial fishing; procurement of wild animals not related to hunting and fishing; the use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities; using the beneficial properties of the life activity of objects of the animal world; use of waste products of animal objects.

The grounds for the emergence of special use of objects of the animal world are decisions of authorized state bodies, permits, agreements, special permits (licenses), in particular:

Commercial hunting is carried out by the user hunting grounds, who, in accordance with the established procedure, has been granted the right to conduct hunting. Commercial hunting may be carried out by persons working for users of hunting grounds under an employment or civil law contract and having the right to hunt. The right to hunt on the territory of the Republic of Belarus with hunting tools is available to capable citizens of the Republic of Belarus, foreign citizens and stateless persons who have reached the age of 18, permanently residing on the territory of the Republic of Belarus, who have a state certificate for the right to hunt and who have paid the state fee for granting the right to hunting. A state certificate for the right to hunt is issued by the organization of the Ministry of Forestry of the Republic of Belarus to a citizen who has passed a special hunting exam for a period of 10 years. Foreign citizens are granted the right to hunt on the territory of the Republic of Belarus if they have hunting licenses issued in the country permanent place residence;

Commercial fishing is carried out by tenants of fishing grounds in accordance with established quotas for fishing, subject to the right to conduct fishing. Commercial fishing is carried out by persons working
from tenants of fishing grounds on the basis of an employment or civil law contract and having fishing tickets issued by the Ministry of Agriculture and Food of the Republic of Belarus for a period of one year to each person who will carry out commercial fishing in the leased fishing grounds;

The procurement of wild animals that are not classified as hunting and fishing objects is carried out on the basis of a decision of the local Council of Deputies, agreed upon with the relevant regional inspectorate of natural resources and environmental protection, and limits on the procurement and (or) purchase of such animals;

The use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities with their removal from their habitat is carried out on the basis of a permit issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus (with the exception of wild animals included in the list of species of wild animals, the use of which for the specified purposes is carried out without permission). Removal of wild animals belonging to species included in the Red Book of the Republic of Belarus, their clutches, eggs or caviar from the habitat may be carried out by legal entities state form property for research, cultural, educational and other purposes on the basis of permits issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus on the basis of the conclusion National Academy Sciences of Belarus.

The right to special use of fauna objects is granted without the allocation of land plots and (or) water bodies, except for cases provided for by the rules of fishing and fishing.

The Law of the Republic of Belarus “On Fauna” provides for the following types of activities related to the use of fauna objects:

Hunting management;

Fishing management;

Purchase of wild animals not related to hunting and fishing.

The right to conduct hunting or fishing grounds arises for a legal entity after the conclusion of a written lease agreement for hunting or fishing lands or the adoption by the President of the Republic of Belarus of a decision on their transfer for free use, in the presence of a license issued by the Ministry of Forestry of the Republic of Belarus (for hunting) or the Ministry agriculture and food of the Republic of Belarus (for fishing). The list of legal entities to which hunting and fishing grounds are provided for free use is determined by the Rules for Conducting Hunting and Hunting, and the Rules for Conducting Fishing and Fishing. Lease agreements for hunting and fishing grounds are concluded on the basis of a decision of the local Council of Deputies based on the results of a competition or auction. Bidding for the right to conclude a lease agreement for hunting or fishing grounds is organized and conducted by the local executive and administrative body. The lease agreement for hunting grounds is concluded for a period of at least ten years, for fishing grounds - for the period specified in the lease agreement.

The purchase of wild animals not related to hunting and fishing objects can be carried out by legal entities and individual entrepreneurs for a fee based on decisions of the relevant local Councils of Deputies in accordance with the rules for the extraction, procurement and (or) purchase of wild animals not related to hunting and fishing objects .

According to Art. 1 of the Law of the Republic of Belarus “On Fauna”, users of animal objects are legal entities, citizens who, in accordance with the procedure established by law, are granted the right to use objects of the animal world and (or) carry out activities related to the use of objects of the animal world. The disadvantage of this definition is that it does not mention citizens exercising the rights of common use of objects of the animal world.

Users of wildlife have the right:

Carry out the use of objects of the animal world and activities related to the use of objects of the animal world, in accordance with the legislation and the conditions for their provision;

Receive complete, reliable and timely information about the objects of the animal world transferred to them for use;

Access to the lands where those provided to them live
objects of the animal world for use;

Independently choose the methods of use permitted by law;

Carry out introduction (including resettlement), introduction, reintroduction, acclimatization, crossing of wild animals;

Capture wild animals for the purposes of keeping and (or) breeding in captivity, introduction, introduction, reintroduction, acclimatization, crossing; independently dispose of seized wild animals, their parts and (or) derivatives, unless otherwise provided by legislative acts, etc.

Users of wildlife are obliged to:

Comply with legal requirements;

Fulfill the conditions specified in the documents for the right to use objects of the animal world;

Use objects of the animal world in accordance with the purposes for which they are provided;

Ensure the protection of the wildlife objects they use and carry out the necessary biotechnical measures;

Make timely payments for use;

Comply with established standards, limits, quotas and other standards for the seizure of wild animals;

Maintain optimal numbers of wild animals and prevent their density from falling below a minimum level;

Keep records of the number of wild animals and the volume of their use;

Apply methods for using objects of the animal world and tools for removing wild animals, the use of which prevents harm to objects of the animal world and (or) their habitat;

Prevent cruelty to wild animals;

Comply with the instructions of state bodies (organizations) exercising state control in the area under consideration and their officials;

Carry out production control in the field of protection and use of wildlife, etc.

The right to special use of objects of the animal world and the right to carry out activities related to the use of objects of the animal world are terminated on grounds arising from the legal and illegal actions of users. Legal grounds include:

Expiration of the term of use;

Termination of validity of documents for the right to use objects of the animal world;

Waiver of the right to use;

Liquidation of a legal entity or termination of activities individual entrepreneur, to whom the right of use was granted;

Establishment of prohibitions on the use of objects of the animal world and (or) the implementation of activities related to the use of objects of the animal world.

The right to special use of fauna objects
and the right to carry out activities related to the use of objects of the animal world is also terminated as a result of unlawful actions, in particular:

Use of objects of the animal world is not according to intended purpose;

Failure to carry out special use of objects of the animal world or activities related to the use of objects of the animal world for more than one year from the date of receipt of documents for the right to use;

Systematic (more than two times within twelve months) violation of the conditions specified in the documents for the right to use objects of the animal world;

Failure to make payments required by law
V deadlines;

Destruction of wild animals or reduction of their density below the minimum level of wild animal density;

Cruelty to wild animals.

§ 4. Legal measures for the protection of wildlife

According to the Law of the Republic of Belarus “On Wildlife”, the protection of wildlife includes the protection of objects of the animal world
and their habitats.

Protection of wildlife objects represents an activity (including reproduction, introduction (including dispersal), introduction, reintroduction, acclimatization, crossing
and protection of wild animals), aimed at preserving the spatial, species and population integrity of fauna, their numbers, resource potential and productivity, preventing their destruction or other harmful effects on them.

Protection of the habitat of fauna covers activities aimed at preserving and restoring the habitat of fauna in order to ensure natural reproduction and sustainable use of fauna. It should be noted that the Law of the Republic of Belarus “On Wildlife” for the first time established the concept of habitat for objects of the animal world, which is intended to provide more detailed legal regulation of measures to protect the animal world.

Wildlife protection is ensured by:

Specially authorized state bodies (Ministry of Natural Resources and Environmental Protection of the Republic of Belarus and its territorial bodies, State Inspectorate for Animal Protection and flora under the President of the Republic of Belarus);

Tenants of hunting and fishing grounds;

Users of the animal world and components of the natural environment that are its habitat, as well as other entities involved in the protection of these components;

Other legal and individuals, whose activities can have an impact negative impact on the state of the animal world and its habitat.

The protection of fauna and (or) their habitat is ensured by:

o establishing, in cases and in the manner established by this Law and other legislative acts, restrictions and prohibitions on the use of objects of the animal world, as well as on the implementation of economic and other activities that have a harmful effect on objects of the animal world and (or) their habitat or represent a potential danger to them;

o standardization in the field of protection and use of wildlife;

o establishing rules for the protection and use of wildlife;

o conducting a state environmental assessment of design solutions for planned economic and other activities, the implementation of which may have a harmful impact on wildlife and (or) their habitat or pose a potential danger to them;

o carrying out by legal entities, individual entrepreneurs, in the process of economic and other activities of which there is or may be a harmful impact on objects of the animal world and (or) their habitat, measures that ensure prevention or compensation of possible harmful effects on objects of the animal world and (or) ) their habitat;

o reproduction of wild animals;

o creation of zoological collections;

o introduction (including resettlement), introduction, reintroduction, acclimatization, crossing of wild animals;

o regulating the distribution and abundance of wild animals, including invasive alien wild animals;

o implementation of protection of wild animals;

o regulation of the export from the Republic of Belarus of wild animals belonging to species included in the Red Book of the Republic of Belarus, their parts and (or) derivatives, zoological collections and their parts, as well as the import into and export from the Republic of Belarus of CITES samples;

o establishing restrictions, prohibitions or other measures regarding the protection, removal, keeping and (or) breeding in captivity, exhibition of wild animals belonging to species included in the Red Book of the Republic of Belarus, their parts and (or) derivatives or trade in such animals, their parts and (or) derivatives, as well as in relation to the protection of their habitat;

o declaring specially protected natural areas and reserving areas that are planned to be declared specially protected natural areas, in order to preserve the biological diversity of the animal world;

o organization scientific research aimed at developing scientifically based measures for the protection and sustainable use of wildlife;

o taking measures to prevent the harmful effects on wildlife and their habitats caused by invasive alien wild animals;

o organizing and carrying out activities aimed at preserving migration routes and places of concentration of wild animals during the period of their reproduction, feeding, wintering and migration;

o establishing, in cases and in the manner established by this Law and other legislative acts, restrictions and prohibitions on the implementation of economic and other activities in areas of land that are important for the reproduction, feeding, wintering and migration of migratory species of wild animals, including in order to prevent the occurrence obstacles to their migration routes or to ensuring the continuity of their habitat;

o identifying habitats of wild animals belonging to species included in the Red Book of the Republic of Belarus, and transferring these places under the protection of users of land plots and (or) water bodies with the establishment of a special regime for the protection and use of habitats of such animals;

o taking measures to improve the habitat of wildlife;

o taking measures to restore the habitat of wildlife, including through regulation water regime, construction of artificial dwellings, creation of protective plantings, preventing unwanted change of plantings, as well as taking other measures to protect the habitat of wildlife;

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.

In accordance with the above definition, 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). The feature that distinguishes wild animals from domestic ones is the fact that wild animals appear and exist mainly naturally without significant human control. It should be borne in mind that in some cases the reproduction of wild animals is largely under human control (for example, rare and endangered species of animals, valuable fish species, animals that are hunted).

Animals that make up the animal world are located within the spatial boundaries of the state. Wild animals arriving during migration across state borders are automatically included in the animal world of the Republic and become objects of state property rights, which is associated with significant fluctuations in the number of animals included in the animal world of the Republic of Belarus.

Another sign 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, liability for illegal hunting of an animal.

The above norm of the Law of the Republic of Belarus “On Animal World” includes wild animals kept in captivity in the animal world. It should be noted that earlier legislation contained such a feature of the animal world as animals being in a state of natural freedom. A similar interpretation is proposed in the scientific literature, and the state of natural freedom is considered as a key feature of the animal world as an object of environmental legal relations. Thus, the concept of the animal world in the new Law has been expanded. 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.

In accordance with the Law of the Republic of Belarus “On Animal World”, the use of objects of the animal world is the use of objects of the animal world, useful properties and (or) waste products of objects of the animal world when carrying out economic and other activities.

The right to use the animal world is a set of legal norms that establish the conditions and procedure for the use of objects of the animal world, their conservation and reproduction, the rights and obligations of users of the animal world. The use of objects of the animal world should be carried out in ways that do not lead in the long term to the depletion of the biological diversity of the animal world and thereby preserve its ability to reproduce and meet the needs of current and future generations of people.

The following types of use of wildlife may be carried out in the Republic of Belarus:

commercial hunting;

recreational fishing;

commercial fishing;

extraction and storage of wild animals not related to hunting and fishing;

the use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities;

using the beneficial properties of the life activity of objects of the animal world;

use of waste products of animal objects.

The use of wildlife is carried out through the removal of objects of wildlife from the habitat (harvest or capture of wild animals) or without it. The Ministry of Natural Resources and Environmental Protection of the Republic of Belarus approves limits on the seizure of wild animals, i.e. maximum permissible volumes of seizure of wild animals established for entities engaged in special use of wildlife objects for a certain period.

Depending on the grounds for its occurrence, the right to use wildlife is divided into general and special.

According to Art. 25 of the Law of the Republic of Belarus “On Fauna”, citizens carry out hunting as a matter of general use; amateur fishing. Harvesting of wild animals not related to hunting and fishing; the use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities; using the beneficial properties of the life activity of objects of the animal world; use of waste products of animal objects. At the same time, many of the types of wildlife use specified in this article, classified as general environmental management, are carried out under permits and for a fee, which does not correspond to the traditional interpretation of the characteristics of general environmental management in the legal literature. For example, citizens have the right to hunt if they have a number of documents listed in Art. 27 of the Law, and must pay a state fee for granting the right to hunt.

The right to special use of objects of the animal world is exercised by legal entities and individual entrepreneurs for a fee, unless otherwise established by the Law of the Republic of Belarus “On Animal World” and other legislative acts, for the following types: commercial hunting; commercial fishing; procurement of wild animals not related to hunting and fishing; the use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities; using the beneficial properties of the life activity of objects of the animal world; use of waste products of animal objects.

The grounds for the emergence of special use of objects of the animal world are decisions of authorized state bodies, permits, agreements, special permits (licenses), in particular:

commercial hunting is carried out by the user of the hunting grounds, who is granted the right to conduct hunting in accordance with the established procedure. Commercial hunting can be carried out by persons working for users of hunting grounds under an employment or civil law contract and having the right to hunt. The right to hunt on the territory of the Republic of Belarus with hunting tools is available to capable citizens of the Republic of Belarus, foreign citizens and stateless persons who have reached the age of 18, permanently residing on the territory of the Republic of Belarus, who have a state certificate for the right to hunt and who have paid the state fee for granting the right to hunting. A state certificate for the right to hunt is issued by the organization of the Ministry of Forestry of the Republic of Belarus to a citizen who has passed a special hunting exam for a period of 10 years. Foreign citizens are granted the right to hunt on the territory of the Republic of Belarus if they have hunting licenses issued in the country of permanent residence;

commercial fishing is carried out by tenants of fishing grounds in accordance with established quotas for fishing, subject to the right to conduct fishing. Commercial fishing is carried out by persons working for tenants of fishing grounds on the basis of an employment or civil contract and having fishing tickets. Issued by the Ministry of Agriculture and Food of the Republic of Belarus for a period of one year to each person who will carry out commercial fishing in leased fishing grounds;

the procurement of wild animals that are not related to hunting and fishing is carried out on the basis of a decision of the local Council of Deputies, agreed upon with the relevant regional inspectorate of natural resources and environmental protection, and limits on the procurement and (or) purchase of such animals;

* the use of wild animals for scientific, educational and educational purposes, as well as recreational, aesthetic and other purposes in the process of carrying out cultural activities with their removal from their habitat is carried out on the basis of a permit. Issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus. With the exception of wild animals included in the list of species of wild animals, the use of which for the specified purposes is carried out without permission. The removal of wild animals belonging to species included in the Red Book of the Republic of Belarus, their clutches, eggs or caviar from the habitat can be carried out by legal entities of state ownership in scientific research. For cultural, educational and other purposes on the basis of permits issued by the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus in the presence of an opinion from the National Academy of Sciences of Belarus.

The right to special use of objects of the animal world is granted without the allocation of land plots and (or) water bodies, with the exception of cases provided for by the rules of fishing and fishing.

The Law of the Republic of Belarus “On Wildlife” provides for the following types of activities related to the use of objects of the animal world:

hunting management;

fishing;

* purchase of wild animals not related to hunting and fishing.

The right to conduct hunting or fishing arises for a legal entity after concluding a written lease agreement for hunting or fishing grounds or the President of the Republic of Belarus making a decision to transfer them for free use with a license. Issued by the Ministry of Forestry of the Republic of Belarus (for hunting) or the Ministry of Agriculture and Food of the Republic of Belarus (for fishing). The list of legal entities to which hunting and fishing grounds are provided for free use is determined by the Rules for Conducting Hunting and Hunting, and the Rules for Conducting Fishing and Fishing. Lease agreements for hunting and fishing grounds are concluded on the basis of a decision of the local Council of Deputies based on the results of a competition or auction. Bidding for the right to conclude a lease agreement for hunting or fishing grounds is organized and conducted by the local executive and administrative body. The lease agreement for hunting grounds is concluded for a period of at least 10 years, for fishing grounds - for the period specified in the lease agreement.

In accordance with Art. 1 of the Law of the Republic of Belarus “On Fauna”, users of fauna objects are legal entities, citizens who, in accordance with the procedure established by law, are granted the right to use fauna objects and (or) carry out activities related to the use of fauna objects. The disadvantage of this definition is that it does not mention citizens exercising the rights of common use of objects of the animal world.

Users of fauna objects have the right:

carry out the use of objects of the animal world and activities related to the use of objects of the animal world, in accordance with the legislation and terms of provision;

receive complete, reliable and timely information about the objects of the animal world transferred to them for use;

access to the lands in which the fauna objects provided for their use live;

independently choose the methods of use permitted by law;

carry out introduction (including resettlement), introduction, reintroduction, acclimatization, crossing of wild animals;

carry out the capture of wild animals for the purpose of keeping and (or) breeding in captivity, introduction, introduction, reintroduction. Acclimatization, crossing; independently dispose of seized wild animals, their parts and (or) derivatives, unless otherwise provided by legislative acts, etc.

Users of animal objects must adhere to the following rules:

comply with legal requirements;

fulfill the conditions specified in the documents for the right to use objects of the animal world;

carry out the use of objects of the animal world in accordance with the purposes for which they are provided;

ensure the protection of the wildlife objects they use and carry out the necessary biotechnical measures;

make timely payments for use;

comply with established standards, limits, quotas and other standards for the seizure of wild animals;

maintain optimal numbers of wild animals and prevent their density from falling below a minimum level;

keep records of the number of wild animals and the volume of their use;

apply methods of using objects of the animal world and tools for removing wild animals, the use of which prevents harm to objects of the animal world and (or) their habitat;

prevent cruelty to wild animals;

comply with the instructions of state bodies (organizations) exercising state control in the area in question, and their officials;

carry out production control in the field of protection and use of wildlife, etc.

expiration of the term of use;

termination of validity of documents for the right to use objects of the animal world;

waiver of the right to use;

liquidation of a legal entity or termination of the activities of an individual entrepreneur who was granted the right to use;

establishing prohibitions on the use of objects of the animal world and (or) carrying out activities related to the use of objects of the animal world.

The right to special use of objects of the animal world and the right to carry out activities related to the use of objects of the animal world are also terminated as a result of unlawful actions, in particular:

using objects of the animal world for purposes other than their intended purpose;

failure to carry out special use of objects of the animal world or activities related to the use of objects of the animal world for more than one year from the date of receipt of documents for the right to use;

systematic (more than two times within 12 months) violation of the conditions specified in the documents for the right to use objects of the animal world;

failure to make payments required by law within the established time limits;

destroying wild animals or reducing their density below the minimum level of wild animal density;

* cruelty to wild animals.

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.

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

2.1. Main provisions of the European Union directives in the field of intellectual property protection
§ 2. The power of the owner of the exclusive right to perform actions with the object of the right

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 laws 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. In case of extermination, violation of the conditions of their existence certain types 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. PUBLIC 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 Federal Law“About the animal world” dated 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 industries National economy, carrying out other activities related to the use of wildlife, assessing resources and forecasting the state of wildlife, organizing 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 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 for animals necessary conditions existence and, first of all, feed.

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 must 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 scientific organizations, problem solvers in this area, and in agreement with specially authorized government bodies responsible for the protection of 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 obtaining invertebrates and marine mammals, 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.

Legal regulation of hunting is carried out on the basis of both the Law “On Fauna” 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 dated 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.

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 for the preservation of reproduction and production of fish resources is determined by the Government of the Russian Federation and executive bodies subjects of the Russian Federation.

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 reservoirs, with the exception of nature reserves, fish hatcheries, ponds and other cultural fisheries, in compliance with established rules of fishing and water use.

3. 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 of various human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law “On Animal World”. Installed here general rule, 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 activity, associated with the use of objects of the animal world, must be carried out in such a way that the objects of the animal world 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 dated August 16, 1996, which approved “Requirements for preventing the death of wildlife objects during production processes, as well as during operation transport routes, pipelines, communication and power lines.” 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 specificity 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.

Thus, when carrying out agricultural production processes, the use of technologies and mechanisms that cause mass death objects of the animal world or changes in their habitat. 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 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.

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 the conservation area are prohibited here.

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 Krasnodar Territory, then we can note that we have enough a large number of unfavorable factors that have an impact on 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 park, continuous plowing of steppes, planting monocultures, construction and operation hydraulic structures, sudden change 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. There is an urgent need to consider 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 having hunting grounds, issue hunting tickets and collect membership fees. 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 public services with the involvement of the main hunting users and create a regional hunting council. Great value For hunting, the region has state hunting reserves. 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 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 harvesting of aquatic invertebrates is developing almost uncontrollably, harvesting snake venom, collecting collections of rare and endangered species of birds and insects.

These problems deserve close study and should be taken into account 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.

Loss of any biological species wildlife, damages the interests of society, leads to irreparable losses of the gene pool, carries the danger of destruction of entire ecosystems, weakening protective functions 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. O continental shelf 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. "About specially authorized government agencies on the protection, control and regulation of the use of fauna 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

What else to read

Abstract: History of the development of hygiene 1. The development of hygiene in primitive and slave societies. The emergence and development of hygiene has a centuries-old history...

Formation of estimated liabilities and reserves for vacations As in 1s 8 Hello, dear blog readers. Lately, in my consulting work, I have quite often...

Puff khinkal in a pressure cooker Puff DAGESTAN KHINKAL Puff khinkal is often prepared in Dagestan. A very tasty, but high-calorie, masculine dish....

Legal regulation of the use and protection of wildlife. Fauna as an object of use Fauna as an object of protection

Introduction

The concept and types of use of objects of the animal world

Fauna as an object of legal protection

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

INTRODUCTION

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

2. RIGHT TO USE WILDLIFE OBJECTS

3. LEGAL PROTECTION OF WILDLIFE

CONCLUSION

LIST OF REGULATIVE ACTS AND USED LITERATURE

What else to read

THE LAST NOTES

Categories