Legal measures for the protection of wildlife. Restrictions and prohibitions on production. Animal habitat protection. Legal protection of fauna and its habitat List of used literature

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

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

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

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

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

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

The legislation establishes two regimes for the protection of animals.

The general protection regime is established by the Wildlife Law.

Based on the criterion of the possibility of being an object of hunting and fishing, this law defines two categories of wildlife objects with a general regime of legal protection:

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

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

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

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

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

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

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

However, despite the development of regional Red Data Books in almost all constituent entities of the Russian Federation, the problem of increasing the efficiency of this area of ​​animal and plant protection remains unresolved. One of its aspects is the lack of administrative liability for violations of laws and other regulatory acts of the constituent entities of the Russian Federation on the Red Books of the constituent entities of the Russian Federation. Similar norms could be contained in the Code of Administrative Offenses of a constituent entity of the Russian Federation (as well as norms on liability for violation of the provisions of the Red Book of Soils of a constituent entity of the Russian Federation).

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

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

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

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

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

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

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

The problem under consideration has another important aspect, arising from the provisions of international treaties regulating the import, export and transit transportation of rare and endangered plants and animals. Among these international documents, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, March 3, 1973), as well as the Lists of Species of Mammals, Birds, Reptiles, Amphibians, Fish, Invertebrates and Plants, Exports, re-export and import of which, as well as their parts or derivatives, developed in accordance with this Convention.

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

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

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

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

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

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

The basic requirements that must be observed when planning and implementing activities that may affect the habitat of animals and the state of the animal world are set out in Art. 8 of the Law. These requirements include: the need to preserve the species diversity of animals in a state of natural freedom; protection of habitat, breeding conditions and migration routes of animals; maintaining the integrity of natural animal communities; scientifically based rational use and reproduction of wildlife; regulation of animal numbers in order to protect public health and prevent damage to the national economy. The last requirement is provided for in Art. 18 of the Law, which states that measures to regulate the number of certain species of animals must be carried out in humane ways that exclude harm to other species of animals and ensure the safety of the animal’s habitat.

Measures for the protection of wildlife are recorded in Art. 21 of the Law. Some requirements are specified in other articles of the Law. Thus, the requirement to protect the habitat, breeding conditions and migration routes is specified in relation to economic activities, namely: in the placement, design, construction of settlements, enterprises, structures and other objects, in the improvement of existing and introduction of new technological processes, introduction into economic circulation virgin lands, wetlands, coastal and shrub territories, land reclamation, forest use, geological exploration, mining, determining places for grazing and running farm animals, developing tourist routes and organizing places for mass recreation of the population, as well as during accommodation, in the design and construction of railways, highways, pipelines and other transport routes, power and communication lines, canals, platforms and other hydraulic structures, the implementation of measures to fulfill this requirement must be ensured (Art. 23 of the Law).

In accordance with Art. 24 of the Law, enterprises and citizens are obliged to take measures to prevent the death of animals during agricultural, logging and other work, as well as during the operation of vehicles. Without the implementation of such measures, burning of dry vegetation, storage of materials, raw materials and production waste is prohibited. 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. Types of use of wildlife and other responsibilities incompatible with the goals of conservation are prohibited here. The protection of rare and endangered species of animals is of great importance. Such animals (Article 26 of the Law) 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. In cases where the reproduction of rare and endangered species of animals is impossible in natural conditions, specially authorized state bodies for the protection and regulation of the use of wildlife must take measures to create the necessary conditions for breeding these species of animals. Their acquisition and removal for breeding in specially created conditions and subsequent release for research purposes, for the creation and replenishment of zoological collections is permitted under a special permit issued by specially authorized state bodies for the protection and regulation of the use of wildlife.

Introduction 3
1. Objects and subjects of protection and use of wildlife 4
2. Legal protection of wildlife 6
3. Ownership of wildlife and right of use
wildlife 9
4. Legal liability for violation of security rules
and use of fauna 15
Conclusion 19
List of sources used 20

Introduction
Legal protection of the animal world is one of the most developed areas of environmental protection, which is a set (system) of national and international, national and regional, organizational, economic, legal, environmental, educational measures for the conservation of population-species the composition and maintenance of the number of wild animals at a level optimal for their existence, as well as the preservation of their habitat.
The protection of wildlife is an integral part of the conservation of biological diversity. Currently, the need to protect not individual objects, be they animal or plant species, has been substantiated, but complex, holistic protection of ecosystems, including the animals themselves, their habitats, and other objects.
Currently, the traditional approach to the protection of wildlife, sometimes called faunistic, is being replaced by a broader approach that reflects modern tasks of legal regulation and its new objects, as well as new means (instruments) of legal influence.
Legal measures for the protection of wildlife consist of: the development, adoption and application of legislative acts regulating the protection and use of wildlife; in establishing limits for the use of wildlife, as well as standards and regulations for the protection and use of wildlife and habitats, in creating a legal framework for the protection of certain categories of animals and their habitat, as well as for regulating the protection of special territories; in establishing a system of measures of legal liability for violation of legislation on the protection of wildlife and its habitat; carrying out legal implementation and law enforcement activities in the field of protection and use of wildlife; legal education and prevention of violations.
1. Objects and subjects of protection and use of wildlife
Russia, thanks to its vast territory (17 million sq. km) and relatively weak disturbance of natural ecosystems, natural and geographical conditions, has a significant reserve of biodiversity.
The vertebrate fauna numbers 1,513 species, of which 320 are mammals, 732 are birds, 80 are reptiles, 29 are amphibians, 343 are freshwater fish, 9 are cyclostomes, and up to 1,500 species of marine fish are found in the seas of the Russian Federation. In addition, the invertebrate fauna numbers 130-150 thousand species, of which insects make up 97%. At the same time, almost 60 species of mammals and 70 species of birds are objects of constant hunting and recreational hunting.
The population of reindeer, red deer and wapiti, sable and beaver is in good condition. In general, the trend that emerged in the first half of the 90s and was characterized by a rapid reduction in the number of many valuable species of game animals has stabilized in recent years, but the problems of preserving biodiversity, preventing negative changes in the habitat of animals, protecting rare and endangered species continue to remain acute.
It is quite difficult to give a list of both, if only for the reason that the range of objects and subjects in this case is very wide. Thus, the object is: the animal world as a whole, game animals, animals listed in the Red Book of the Russian Federation or the International Red Book (CITES/SITEC), Red Books of the constituent entities of the Russian Federation or subject to specially concluded agreements used by humans as plant pollinators, removed from the environment and not removed from it, habitats and habitats of animals, animals, birds, insects, fish - marine and freshwater, marine mammals inhabiting forests and steppes, continental shelf, located permanent or migratory species on the territory of the country, etc.
In other words, the groups of animal species identified according to different criteria collectively represent one of the most important for humans, and not at all because of their material value, components of the environment. In addition to wild animals in a state of natural freedom, temporarily or permanently inhabiting the territory of the Russian Federation, Russian legislation protects animals kept in captivity or semi-free conditions, and establishes rules for maintaining biological, including zoological, collections.
In recent years, questions have been raised both here and abroad about the need for legal regulation of the status of domestic and farm animals. In the Republic of Bashkortostan, the law on domestic animals has already been adopted (1997) and contains a number of interesting and humane norms. In Germany, acts have been adopted on the free grazing of not only livestock, but also poultry, which means, to some extent, their return to natural living conditions and a departure from the concept of keeping farm animals in stalls and cages without movement, feeding them only processed food. human food.
Such a variety of legal statuses, in general, determines the range of subjects of protection and use of wildlife objects. They can include everyone, that is, any person. Of course, special rights and responsibilities are given to, for example, commercial hunters, professional fishermen, persons engaged in amateur or sport fishing, maintaining zoological collections, working in zoos, circuses, etc. Moreover, any visitor to a zoo is also a user of the animal world, like every city resident who meets a squirrel while walking in the park. It is not for nothing that in the preamble of the Federal Law “On the Animal World” the satisfaction of the spiritual needs of people is put before receiving material benefits from the use of animals.

2. Legal protection of wildlife
Legal protection of the animal world is an integral part of environmental law and legislation, a section of the Special Part of the course on environmental law. It represents a complex set of legislative and other regulatory and legal acts governing the protection and use of wildlife. The basis of this section of environmental legislation is formed by the general provisions established by the Federal Law “On Environmental Protection” of January 10, 2002, special regulations are contained in the Federal Laws “On the Animal World” of April 24, 1995, “ On Specially Protected Natural Territories” dated March 14, 1995, “On the Continental Shelf of the Russian Federation” dated November 30, 1995, etc. Provisions significant for the protection of wildlife are included in the Land, Water and Forest Codes.
For violations of this legislation, measures of administrative, civil and criminal liability are provided. Like environmental legislation in general, this section has not yet been properly codified, which reduces the effectiveness of its implementation.
The second block of legislation consists of decrees of the President of the Russian Federation regulating the protection of the resources of the continental shelf and the exclusive economic zone of the Russian Federation and other relations arising in connection with the use of wildlife. But the main thing is Government decrees concerning the protection and regulation of various types of wildlife use, for example “On amateur and sport hunting in the Russian Federation” dated July 26, 1993, “On establishing the protection of rare and endangered species of animals ( Red Book)" dated February 19, 1996, 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 dated August 13, 1996, etc. .
The third block is formed by departmental regulations of environmental protection bodies, fish conservation, hunting supervision, veterinary services, etc. They are adopted by orders of the heads of relevant departments or decisions of boards and are varied in form: standard rules, fees, procedures, methodological instructions, etc.
The Federal Law “On Animal World” and the regulatory legal acts specifying it regulate the goals, sequence, and procedure for establishing a system of prohibitions and restrictions on the use of objects of the animal world; a system of requirements for economic activity (at all its stages - from placement and design to the operation of production and other facilities) and sanctions guaranteeing them (suspension of work, termination of financing, etc.); regimes of specially protected natural areas; permitting procedure for acclimatization and hybridization of fauna objects new to the Russian Federation, as well as keeping and breeding animals in semi-free conditions and artificially created habitats; requirements for the handling of agrochemicals and other means in agriculture and forestry, as well as a system for preventing diseases and death of wildlife in violation of quarantine, veterinary and other rules for the fight against infectious diseases; conducting scientific research; movement of wildlife objects across the border of the Russian Federation and other issues.
Finally, the volume of normative and legal acts adopted in the constituent entities of the Federation by legislative bodies, governors and other authorized bodies is significant. They reflect the specifics of the regions, define in detail the tasks, conditions of use, fees for the use of wildlife, and other issues. Since 1982, 33 Red Books of constituent entities of the Russian Federation have been published, and in 20 constituent entities this work continues. Some (specific) questions about hunting periods, fishing places, etc. are determined by decisions of local governments.
Organizational and managerial measures for the protection of wildlife are:
- maintaining state records of fauna objects and their use, a state cadastre containing information on the geographical distribution of animals, their numbers, habitat indicators and impacts on it, as well as information on the economic use of fauna objects and their habitat;
- creation and implementation of state monitoring of fauna objects, i.e. a system of regular observations of the distribution, abundance, physical condition of fauna objects, structure, quality and area of ​​their habitat;
- creation of specially authorized state bodies (or their divisions) for the protection and regulation of the use of wildlife and their habitats;
- coordination of the activities of international and national bodies and organizations, intra-organizational activities of various branches of government at different levels in planning and implementing activities aimed at preserving the animal world, their habitat, etc.

3. Ownership of wildlife and the right to use wildlife

The right of ownership of the animal world is determined by the Federal Law “On the Animal World” of April 24, 1995, Art. 4 of which clearly classifies the animal world within the territory of the Russian Federation as state property (federal or constituent entities of the Federation).
The fact is that the animal world is the property of the peoples of the Russian Federation, an integral element of the natural environment of the Earth’s biological diversity, a renewable natural resource, an important regulating and stabilizing component of the biosphere, protected in every possible way and rationally used to meet the spiritual and material needs of citizens of the Russian Federation.
The legal status of objects of the animal world that are in state ownership is determined by several characteristics: they must be wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and exclusive economic zone of the Russian Federation.
Objects of the animal world removed from their habitat in the prescribed manner may be in private, municipal and other forms of ownership. Relations regarding the ownership, use and disposal of such animals are regulated by both special environmental and civil legislation.
Since the ownership, use and disposal of wildlife falls under the joint jurisdiction of the Federation and its subjects, determining the range (list) of wildlife objects, the ownership of which is federal, and its implementation are within the competence of the Russian Federation, which is very important.
Objects of federal property are:
- rare and endangered species of animals, as well as those listed in the Red Book of the Russian Federation;
- living in specially protected areas of federal significance;
- inhabiting the territorial sea, continental shelf and exclusive economic zone of the Russian Federation;
- subject to international treaties of the Russian Federation;
- classified as specially protected species that are economically valuable;
- naturally migrating across the territory of two or more constituent entities of the Russian Federation.
At the same time, the Government of the Russian Federation has the right, in agreement with the subjects of the Federation, to classify other objects of the animal world, in addition to those listed, as federal property, i.e. the given list is open.
The right of ownership on behalf of the Russian Federation and its subjects is exercised by public authorities within the framework of their competence.
Users of wildlife objects are required to keep records of the objects they use, the volumes of their removal, and annually submit this and other data to the authorized bodies. State registration, cadastre and monitoring of fauna objects are carried out according to uniform rules for the Russian Federation using unified forms of information storage.
Article 58 of the Federal Law “On Animal World” provides for the invalidity of transactions made in relation to the animal world, and Art. 7.11 of the Code of Administrative Offenses of the Russian Federation - administrative liability for the use of objects of the animal world without permission (license), if such permission (such license) is mandatory, or in violation of the conditions stipulated in it; unauthorized assignment of the right to use objects of the animal world, with the exception of aquatic biological (living) resources of internal sea waters, the territorial sea, the continental shelf and the exclusive economic zone of the Russian Federation, i.e. for encroachments that directly or covertly violate the rights of the state property. In addition, Art. 7.2 establishes liability for the destruction or damage of signs installed by users of wildlife or specially authorized bodies for the protection, control and regulation of the use of objects of wildlife and their habitat, buildings and other structures belonging to these users and bodies . This offense is also one of the administrative offenses in the field of property protection. Finally, Art. 8.20 contains a special structure of illegal transfer, i.e. loading, unloading or transhipment on the continental shelf and (or) in the exclusive economic zone of the Russian Federation, obtained without permission of living resources, if such permission is required.
Environmental legislation regulates the right to use wildlife based on the right of state ownership of it and establishes general and priority rights. At the same time, the presence of a priority right to use wildlife does not change its status as state (federal or constituent entities of the Federation) property.
They have a priority right, according to Chapter. VI Federal Law “On Wildlife”, indigenous peoples and ethnic communities, whose original culture and way of life include traditional methods of protecting and using objects of the animal world, citizens belonging to these population groups and their associations. This right is limited on a territorial basis - the territory of traditional settlement and economic activity, and not only on a subjective basis. The Federal Law “On the Territories of Traditional Nature Use of Small Peoples of the North, Siberia and the Far East” dated May 7, 2001 stipulates the conditions for the use of natural resources, including objects of the animal world, and sets restrictions for various categories of citizens. So, in parts 2-3 of Art. 13 of this Law states that persons not belonging to small peoples, but permanently residing in the territories of traditional natural resource use, use natural resources for personal needs, if this does not violate the legal regime of the territories of traditional natural resource management.
It is also established that the use of natural resources located in such territories by citizens and legal entities to carry out business activities is permitted if the said activity does not violate the legal regime of natural resources.
The contents of the priority right are: provision of priority choice of fishing grounds; benefits in relation to the timing and areas of obtaining objects of the animal world, gender and age composition and the number of obtained objects and waste products of animals; granting an exclusive right to obtain certain objects and waste products of animals
The assignment of priority rights to citizens and legal entities that do not belong to categories that have this right by law or on the basis of a special permit is prohibited. A number of constituent entities of the Russian Federation have adopted laws on hunting (and fishing) detailing these provisions, for example in the Kamchatka region.
Common types of use of the animal world are hunting, fishing, including the production of aquatic invertebrates and marine mammals, the production of objects of the animal world that are not related to hunting and fishing, the use of useful properties of animals and their extraction, obtaining waste products, as well as study, research. tracking and other use of animals without removal from the environment.
The use of wildlife is carried out on the basis of a long-term license issued to citizens by government bodies authorized to exercise ownership on behalf of the Russian Federation and its subjects, or personalized one-time licenses.
The right to use wildlife is terminated in whole or in part: in cases of refusal; expiration of the term of use; violations of laws or license conditions; when there is a need to remove objects of the animal world 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, institution, or organization that is a user of wildlife. The decision to terminate this right can be appealed to the court in accordance with the established procedure.
Users of wildlife are obliged to: carry out only the types of use specified in the license; comply with established standards, deadlines, rules of use; use methods when using the animal world that do not violate the integrity of natural communities; prevent destruction or deterioration of the habitat of fauna; ensure the protection and reproduction of fauna, including rare and endangered species, etc.
Unauthorized assignment of the right to use objects of the animal world, as well as unauthorized use of objects of the animal world, the use of which requires obtaining a permit, is prohibited. Socially dangerous violations of the right to use wildlife, in particular during illegal hunting or illegal extraction of aquatic animals, may entail the application of criminal liability measures under Art. 256, 258 of the Criminal Code of the Russian Federation. Users of the animal world (legal entities and citizens) compensate for damage caused to objects of the animal world and their habitat, voluntarily or by decision of a court or arbitration court. Damage is recovered if users have not taken real and necessary measures to prevent or reduce it in the territories or waters assigned to them.
The general principles of the right to use wildlife are regulated by the Federal Law “On Wildlife” (Chapters V, VI and other norms), and are specified by numerous by-laws. Russian legislation regulates in the most detail such types of use of wildlife as hunting and fishing. These are traditional activities that have been formed over many centuries, in which hundreds of thousands of people participate.

4. Legal liability for violation of the rules for the protection and use of wildlife objects
The elements of such violations are numerous and varied and are formulated in the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, special environmental legislation, primarily in the federal laws “On Wildlife”, “On the Continental Shelf of the Russian Federation”.
To bring the perpetrators to legal responsibility, in addition to those indicated, one should refer to the norms of other legislative and by-laws, which, in fact, define the rules for the protection and use of wildlife.
The Criminal Code of the Russian Federation provides for criminal liability for illegal hunting (Article 258), if this act is committed: a) causing major damage; b) using a mechanical vehicle or aircraft, explosives, gases or other methods of mass destruction of birds and animals; c) in relation to birds and animals, hunting of which is completely prohibited; d) on the territory of a nature reserve, wildlife sanctuary or in an environmental emergency zone.
In a similar way, but using other signs of the objective side, Art. 256 of the Criminal Code, which establishes liability for the illegal production of aquatic animals and plants, and Part 2 provides for liability for encroachments on a special object - seals, sea beavers and other marine mammals on the open sea or in restricted areas.
Article 257 of the Criminal Code “Violation of the rules for the protection of fish stocks” contains a number of elements: the production of timber rafting, the construction of bridges, dams, the transportation of wood and other forest products from cutting sites, the implementation of blasting and other works, as well as the operation of water intake structures and pumping mechanisms with violation of the rules for the protection of fish stocks, if these actions resulted in the mass death of fish or other aquatic animals, destruction of significant amounts of food reserves, or other grave consequences. Severe sanctions have been established for the destruction of critical habitats of organisms listed in the Red Book of the Russian Federation, resulting in the death of populations of these organisms - restriction of freedom for up to three years or imprisonment for the same period (Article 259) and other articles of the Criminal Code of the Russian Federation also provide liability for violation of legislation on the protection and use of wildlife, either as part of environmental protection rules, or by indicating the consequences of criminal acts. For example, in Art. 246, 247, 250, the number of consequences includes mass death of animals, in Art. 248 and 249 - spread of the epizootic. Article 245 criminalizes cruelty to animals.
The Code of Administrative Offenses of the Russian Federation regulates administrative liability for violations of legislation on the protection and use of wildlife in Art. 7.11 “Use of objects of the animal world without permission (license)”, as well as “for offenses in relation to living resources of the continental shelf (Part 2 of Article 8.17, Article 8.20), in relation to animals in the course of agricultural activities (Article 10.11 ), in violation of veterinary and other rules (Article 10.6 “Violation of animal quarantine rules or other veterinary and sanitary rules”, Article 10.7 “Concealment of information about sudden deaths or simultaneous mass diseases of animals”, Article 10.8 “Veterinary violation - sanitary rules for the transportation or slaughter of animals, rules for processing, storage or sale of animal products"). In Art. 8.33 provides for liability for violation of the rules of the habitat and migration routes of animals, Art. 8.34 - for failure to comply with the established procedure for the creation, use or transportation of biological collections, Art. 8.36 - for violation of the rules of relocation, acclimatization or hybridization of objects of the animal world, Art. 8.37 - for violation of the rules for using them, Art. 8.38 - for failure to comply with the rules for the protection of fish stocks, Art. 8.35 - for the destruction of rare and endangered animals, Art. 8.29 - for the destruction of animal habitats.
Unfortunately, from the text of the Code of Administrative Offenses of the Russian Federation, during its finalization and adoption, very important norms were eliminated - on cruelty to animals, on violation of the rules for keeping animals, which have long been known to domestic legislation, as well as a number of new articles - on the content of fighting dogs, about the import and maintenance of exotic, i.e., not typical for the ecosystems of Russia, animals without proper permission (license) or in violation of the terms of the license obtained. This creates a significant gap in the legislation on administrative offenses in this area, leaving unpunished numerous perpetrators of both illegal acts and violations of public order that are dangerous from the point of view of the spread of exotic diseases, smuggling of rare species of animals, etc.
An analysis of the norms of criminal, administrative and environmental legislation shows that the violation in question is a guilty, unlawful act (action or inaction) encroaching on the animal world (or its individual objects), the procedure for using it and contradicting those provided for by the relevant legislative acts rules.
The objective side represents actions or inactions consisting of violation of established rules, and the presence of a causal connection between the act and the resulting consequences (for material components) or the threat of such consequences (for endangering components).
Determining the consequences and the extent of the damage caused is a rather complex task and is carried out taking into account the actual circumstances at rates to calculate the amount of recovery of damage caused by the illegal extraction or destruction of objects of flora and fauna.
Thus, by decree of the Government of the Russian Federation dated May 25, 1994, as amended on September 26, 2000, two types of taxes were introduced to calculate the amount of recovery for damage caused by citizens, legal entities and stateless persons due to the destruction, illegal fishing or extraction of aquatic biological resources :
a) in inland fishery reservoirs, inland sea waters, the territorial sea, on the continental shelf, in the exclusive economic zone of the Russian Federation to the external borders of the economic and fishing zones of foreign states;
b) in relation to animals listed in the Red Book of the Russian Federation that live in the same water areas. The resolution clearly defines all the signs, i.e., the subjects from whom damages can be recovered, the objects of unlawful actions, types of acts and the place of their commission.

Conclusion

Legal protection of wildlife is one of the most developed areas of environmental protection, which is a set of measures to preserve the population and species composition and maintain the number of wild animals at a level optimal for their existence, as well as preserve their habitat.
The objects of protection are: the animal world in general, game animals, rare and endangered species of animals listed in the Red Book and classified as specially protected species of economic value.
Legal measures for the protection of wildlife include the development, adoption and application of legislative acts regulating the protection and use of wildlife; establishing limits on the use of wildlife, creating a legal framework for the protection of certain categories of animals, establishing measures of legal liability for violation of legislation on the protection of wildlife and many other measures.
Legal liability for violation of the rules for the protection and use of wildlife objects is formulated in the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, and special environmental legislation. For violations of this legislation, measures of administrative, civil and criminal liability are provided.

List of sources used

1. Legislation and official documents

1. Code of the Russian Federation on Administrative Offenses (Administrative Code of the Russian Federation) dated December 30, 2001 No. 195-FZ (as amended and supplemented)
// Consultant Plus.
2. Criminal Code of the Russian Federation. Federal Law of June 13, 1996 No. 63-FZ (with subsequent amendments and additions)
// Consultant Plus.
3. Federal Law “On Environmental Protection” of January 10, 2002
4. Federal Law “On Animal World” of April 24, 1995
5. Federal Law “On the Territories of Traditional Nature Use of Small Peoples of the North, Siberia and the Far East” of May 7, 2001

2. General and specialized literature

6. Bedny O. P., Rubina E. A. Animal world of Russia. Legal regulation of its use and protection / Ed. N. G. Rybalsky. M., 2007.
7. Gizzatulin R. Kh. Legal protection of the animal world by the legislation of the subject of the Russian Federation. Ufa, 2005.
8. Dubovik O. L. Environmental crimes. Comments on Chapter 26 of the Criminal Code of the Russian Federation. M., 2008.
9. Commentary on the Code of Administrative Offenses of the Russian Federation / Under the general editorship of E. N. Sidorenko. M.: Prospekt, 2005;
10. Shesteryuk A. S. Environmental law. Questions of theory and methodology of analysis. St. Petersburg, 2004.

As provided in Art. 11 of the Law “On Wildlife”, public administration in the field of protection and use of wildlife is carried out by the President of the Russian Federation, the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and specially authorized state bodies for the protection, control and regulation of the use of wildlife and their habitats . The latter consist of federal government bodies for the protection, control and regulation of the use of wildlife and their habitats and their territorial (basin) divisions. They form a system of government authorities that ensures the implementation of comprehensive measures for the protection, reproduction and sustainable use of wildlife and their habitats. Their powers and structure are determined by the Government of the Russian Federation based on the requirements of the Law “On Animal World”.

An important role in the protection of wildlife and regulation of its use is played by the Ministry of Agriculture and Food of the Russian Federation, which, along with other tasks and functions, carries out the development and implementation of measures to protect the environment and natural resources in the agricultural, food and processing industries. It, in particular, carries out state management of hunting farms, protection and control over game animals and hunting management.

The Ministry of Natural Resources of the Russian Federation plays a significant role in the protection and rational use of wildlife, one of whose tasks is to implement a unified scientific and technical policy in the field of water management, the use, protection and restoration of water resources, the establishment of water protection zones and compliance with economic activities within these zones. A major role in the protection of wildlife and its rational use is played by the State Committees of the Russian Federation on Fisheries and Environmental Protection, which are entrusted with the implementation of state policy in the field of protection and use of wildlife and the natural environment in general.

The basic principles of public administration in the field of protection and use of wildlife are:

• - ensuring the sustainable existence and use of wildlife;
• - support for activities aimed at protecting wildlife and their habitats;
• - use of wildlife in ways that do not allow cruelty to animals, in accordance with the general principles of humanity;
• - the inadmissibility of combining activities for state control over the use of wildlife and the protection of it and its habitat with activities for the use of wildlife objects;
• - involving citizens and public associations in solving problems in the field of protection, reproduction and sustainable use of wildlife;
• - separation of the right to use wildlife from the right to use land and other natural resources;
• - payment for the use of wildlife;
• - priority of international law in the field of use and protection of wildlife and its habitat.

State registration of fauna objects and their use, as well as the state cadastre of these objects are maintained in order to ensure the protection and use of fauna, conservation and restoration of its habitat. State accounting and forecasting of the state of the animal world is carried out by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat.

Article 55 of the Federal Law “On Wildlife” provides for three types of liability for violation of the legislation of the Russian Federation on the protection and use of wildlife: administrative, civil and criminal liability. However, officials, workers and employees who violate legislation on the protection and use of wildlife may also bear disciplinary and financial liability in the manner and amount provided for by the labor legislation of the Russian Federation. The Law “On Wildlife” (Article 55) provides for the following types of violations of the legislation of the Russian Federation on the protection and use of wildlife, entailing legal liability provided for by law:

• - violation of the procedure for the use of wildlife, as well as illegal import into the Russian Federation of animals or plants recognized as causing damage to objects of the wildlife listed in the Red Book;
• - violation of the rules for transportation, storage and use of plant protection products and other drugs that cause damage to the animal world;
• - destruction of rare and endangered objects of the animal world, commission of other actions that may lead to death, reduction in numbers or disruption of their habitat;
• - violation of the rules of hunting and fishing, as well as the rules for other types of use of wildlife;
• - violation of whaling rules;
• - import into the Russian Federation and export outside its borders of objects of the animal world, their products and parts without appropriate permission;
• - violation of requirements to prevent the death of wildlife in the process of economic activity;
• - violation of the regime for the protection of wildlife in state natural reserves and sanctuaries, protected areas of national parks and other specially protected natural areas and water areas;
• - violation of the established procedure for granting licenses for the use of wildlife and permits for the removal of objects of wildlife from their habitat;
• - concealment or distortion of information about the condition and number of fauna objects, which is important for the safety of the population and domestic animals, sustainable use of fauna objects, their reproduction and the quality of their habitat.

It is also provided that illegally obtained objects of the animal world, their parts and products made from them, as well as tools for the illegal acquisition of objects of the animal world, including vehicles, are subject to gratuitous seizure or confiscation in the manner established by the legislation of the Russian Federation.

The protection of rare and endangered species of animals is of great importance. Such animals are included in the Red Book. In cases where the reproduction of rare and endangered species of animals is impossible in natural conditions, specially authorized state bodies for the protection and regulation of the use of wildlife must take measures to create the necessary conditions for breeding these species of animals. Their acquisition and removal for breeding in specially created conditions and subsequent release for research purposes, for the creation and replenishment of zoological collections is permitted under a special permit issued by specially authorized state bodies for the protection and regulation of the use of wildlife. 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.