Legal protection of wildlife in foreign countries. Legal regime for the use and protection of wildlife

03.03.2020

Introduction

The concept of “wildlife” as an object of legal protection

Measures to protect wildlife

Measures for the protection of wildlife related to certain types of use

Conclusion

List of used literature

Introduction

The main legislative act regulating relations in the field of protection and use of wildlife is the Federal Law of April 24, 1995. No. 52-FZ “On the animal world”.

The fauna is an important part of the biosphere of our planet and is of great importance in the development and life of nature and humans. First of all, animals act as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances in nature, actively influencing the functioning of natural communities, structures and natural soil fertility, the formation of vegetation, the biological properties of water and the quality of the environment as a whole. Humanity has long used objects of the animal world, with or without their removal from the environment, as a source of food products, industrial and medicinal raw materials, and other valuables necessary to satisfy material and spiritual needs. Animals serve as objects of scientific research, including medical research. In addition, the aesthetic importance of animals is well known, because they are a source of beauty, surprise, joy and pleasure for many people.

Undoubtedly, the dynamics of the development of the animal world and its diversity are influenced by various natural factors and phenomena, but human activity has a huge impact on the animal world, not only directly using objects of the animal world and leading to the extermination or resettlement of animals, but also influencing any other component of nature , changing the living conditions of animals. Thus, the animal world is dependent on the activities of all sectors of the economy, be it industry or transport, agriculture or forestry, economics, politics or the social sphere. In all these respects, the animal world turns out to be a wounded component of nature, and any change in nature or society will certainly affect it, its condition, including biological diversity.

The multifaceted impact of humans on animals makes the problem of protecting the animal world one of the most pressing problems of environmental law. Wildlife protection is an activity 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.

Legal regulation of the protection of wildlife objects is carried out through the establishment of types and methods, restrictions and prohibitions on the use of wildlife. The possibility of preserving objects of the animal world and their habitat largely depends on the conditions of various human economic activities, therefore each type of use must provide for a certain set of measures that contribute to the protection of the animal world.

The number of regulatory legal acts relating to the use and protection of wildlife is steadily increasing, but legislation in this area is in its infancy and needs further development and improvement. Moreover, it is necessary to create various mechanisms for the successful application of existing standards, since the effectiveness of their implementation continues to remain low.

The purpose of my work is to consider the measures for the protection of wildlife provided for by law, as well as measures for the protection of wildlife corresponding to individual types of use of wildlife, and to analyze the main regulatory legal acts in this area.

The concept of “wildlife” as an object of legal protection

In accordance with Article 1 of the Federal Law “On Animal World”, the animal world is understood as 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 those related to the natural resources of the continental shelf and the exclusive economic zone Russian Federation. The object of the animal world is an organism of animal origin (wild animal) or their population.

Based on these norms, we can identify general features that characterize the concept of “wildlife” as an object of environmental and legal protection. Firstly, animals have a natural origin and are in a state of natural freedom, that is, they interact with other elements of the natural environment as a single functional whole and are connected with them by the exchange of matter and energy.

Secondly, the object of environmental and legal protection are wild animals, that is, undomesticated, undomesticated animals. These include mammals, birds, reptiles, amphibians, fish, mollusks, insects and other animals living on land, in water, in the atmosphere, and in soil. On the territory of the Russian Federation there are 320 species of mammals, 789 of birds, 75 of reptiles, about 30 of amphibians, 343 species of freshwater fish, 9 of cyclostomes and about 1,500 species of marine fish. The fauna does not include objects of the animal world removed from their habitat in the prescribed manner, that is, objects that may be in private, state, municipal and other forms of ownership. Objects of the animal world do not include agricultural animals, any domestic animals, reptiles, birds, fish, amphibians and other animals that have left an ecological connection with nature, as well as wild animals kept in captivity.

The Federal Law “On Fauna” states that keeping and breeding fauna in semi-free conditions and artificially created habitats is permitted only with permits. Legal entities and citizens involved in the maintenance and breeding of fauna are obliged to treat them humanely and comply with the appropriate sanitary, veterinary and zoological requirements for their maintenance.

Thirdly, animals are permanently or temporarily located on the territory of the Russian Federation, the continental shelf or the exclusive economic zone of the Russian Federation, that is, they are located within spatial and territorial boundaries.

The fauna performs ecological functions to ensure the biological regime of human life and is of great economic importance. A feature of the animal world is its renewability. However, if exterminated or the conditions of their existence are violated, the renewal of certain species of animals may become impossible, and these species may be irretrievably lost. In this regard, the protection of our “smaller brothers” in the biosphere is so necessary.

Measures to protect wildlife

In accordance with paragraphs “c” and “e” of Part 1 of Article 72 of the Constitution of the Russian Federation, “issues of ownership, use and disposal of land, subsoil, water and other natural resources” are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation; “environmental management; environmental protection and ensuring environmental safety...” These norms also apply to the animal world, although the Constitution of the Russian Federation does not directly mention this.

Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”, which has priority importance in the development of Russian environmental legislation, includes animals among other objects of protection from the negative impact of humans.

The legislation of the Russian Federation in the field of protection and use of wildlife and its habitat is based on the Constitution of the Russian Federation, the specified federal law and consists of the Federal Law “On Wildlife”, laws adopted in accordance with it and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

The main organizational and legal instruments for regulating the protection and use of wildlife in accordance with the Federal Law “On Wildlife” are state registration, state cadastre, state monitoring of wildlife objects, state control in the field of reproduction and use of wildlife objects, regulation in the field of use and protection of wildlife, state programs for the protection of wildlife objects, state environmental assessment.

By Government Decree of November 10, 2008. No. 843, in accordance with Article 16 of the Federal Law “On Wildlife,” the Regulations on state control in the field of protection, reproduction and use of wildlife and their habitats were approved. This Regulation does not apply to relations under state control in the field of fishing and conservation of aquatic biological resources. The task of state control is to ensure compliance by all individuals and legal entities with the requirements of the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation on the protection, reproduction and use of wildlife. State control is exercised by the Federal Service for Supervision of Natural Resources and authorized executive authorities of the constituent entities of the Russian Federation. It seems to me that this instrument for the legal protection of the animal world is the main one, since if the legislation in this area is not observed, then all other measures for the protection of the animal world lose their meaning.

In order to implement the Federal Law “On Wildlife,” the Government of the Russian Federation issued a Decree on the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects.

Users of wildlife objects are required to keep records of the objects they use, the volumes of their removal, and annually submit the obtained data to the federal executive authorities responsible for organizing and maintaining records of the relevant wildlife objects.

The state cadastre of fauna objects contains a set of information about the geographical distribution of fauna objects, their numbers, as well as characteristics of the habitat, information about their economic use and other necessary data.

State monitoring is a system of regular observations of the distribution, abundance, physical condition of fauna, the structure, quality and area of their habitat. State monitoring of fauna objects is carried out in order to timely identify these parameters, assess these changes, prevent and eliminate the consequences of negative processes and phenomena for the conservation of biological diversity, ensure the sustainable state of fauna objects and their scientifically based use.

Maintaining state records, cadastre and monitoring of fauna objects is important in order to have an idea of the changes and development of the fauna for more accurate planning of measures to protect the fauna and rapid response in the event of a threat of decline in the number or extinction of certain species of animals.

Rationing in the field of use and protection of wildlife and its habitat consists of establishing volumes (limits) of removal of objects of wildlife and establishing standards, norms and rules in the field of use and protection of wildlife and its habitat.

Measures to protect certain species of fauna should not cause damage to other objects of the fauna and the natural environment. In order to implement the requirements of the legislation, special state programs are being developed and implemented, providing for specific measures aimed at protecting wildlife and their habitats. Such programs are created at the federal and regional levels.

A mandatory measure for the protection of wildlife is the state environmental assessment, carried out in accordance with the Federal Law of November 23, 1995. No. 174-FZ “On Environmental Expertise” and the Regulations on the Procedure for Conducting State Environmental Expertise, approved by the Decree of the Government of the Russian Federation of June 11, 1996. No. 698. Fertilizers, pesticides and biostimulants for plant growth, as well as materials justifying the volumes (limits, quotas) of removal of fauna objects and carrying out work on acclimatization and hybridization of these objects are subject to mandatory state environmental assessment.

Environmental assessment is of fundamental importance in connection with the presumption of potential environmental hazards of any planned economic and other activities. Conducting an environmental assessment is necessary in order to prevent the negative impact of such activities on wildlife.

The main measures for the protection of wildlife, legislated at the federal level, can be specified in the legislation of the constituent entities of the federation, and also vary depending on the type of use of the wildlife.

Measures for the protection of wildlife related to certain types of use

Hunting

One of the most common uses of wildlife is hunting. The most significant aspects of the legal regulation of relations in the field of hunting are provided for in the Federal Law “On Wildlife”. Such regulation is insufficient, as evidenced by the reference to the special federal law on hunting and game management in Article 41 of the Federal Law “On Wildlife”. Despite the fact that the blanket provision on this law has been in the legislation for more than ten years, it has not been adopted. GNU VNIIOZ of the Russian Agricultural Academy recently reviewed the draft Federal Law “On Hunting” and gave its opinion, not recommending this bill for adoption by the State Duma even in the first reading. The key drawback of the bill was its declarative nature and isolation from life.

Currently, at the federal level, the legal basis for regulating hunting is the Regulation on Hunting and Game Management, approved by the Decree of the Government of the Russian Federation. Some constituent entities of the Russian Federation have adopted special laws. In its determination dated June 20, 2003. The Supreme Court of the Russian Federation indicated that the previously adopted regulatory legal acts of the Government of the Russian Federation and those in force today are binding throughout the Russian Federation. It follows from this that on issues of joint jurisdiction, the laws of the constituent entities of the Russian Federation should not contradict federal government regulations.

According to I.A. Ignatieva, the position of the Supreme Court of the Russian Federation on this issue has logical flaws. The Constitution of the Russian Federation determines that acts of the Government of the Russian Federation must be issued on the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the President of the Russian Federation. In the case considered by the Supreme Court, government regulations were adopted long before the modern Wildlife Law, and in this regard, the question arises about the legality of its application. Thus, the problem of legal regulation of hunting relations is the most acute in environmental legislation, and the resulting gap must be eliminated.

Meeting the state's needs for hunting products is the main task of the hunting industry, to achieve which the establishment of hunting grounds, protection, reproduction and rational use of wild fauna reserves is carried out.

Hunting grounds are all land, forest and water-covered areas that serve as a habitat for wild animals and birds and can be used for hunting. Hunting lands can be assigned to legal entities that are users of wildlife or be in common use. Nature reserves, wildlife sanctuaries and green areas are considered hunting grounds that are closed to hunting.

The organizations to which hunting grounds are assigned are assigned a number of responsibilities for the protection of wildlife objects. State, cooperative and public organizations annually carry out activities on the hunting grounds assigned to them to increase the number of useful wild animals and birds and to catch and resettle wild animals and birds according to a unified plan approved by the territorial body of the Main Directorate of Hunting under the Ministry of Agriculture of the Russian Federation.

Hunting is the tracking for the purpose of production, pursuit and the production of wild animals and birds. Being in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with hunted products is equivalent to hunting. Hunting can be commercial, amateur and sport.

The right to hunt with hunting firearms is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who have passed tests on the rules of hunting, safety precautions in hunting, handling of hunting firearms and who have paid the state fee in the prescribed amount.

The right to hunt is issued through permits using long-term or personal one-time licenses. Citizens who have a hunting license are issued personalized one-time licenses. The hunting license contains marks on passing tests on the rules of hunting, safety precautions during hunting and handling of hunting firearms. Users of wildlife objects who receive a license pay fees for the use of wildlife objects. A state fee is paid for the consideration of applications for the provision of long-term licenses for the use of wildlife objects and for the provision of these licenses.

Legal requirements for the implementation of hunting activities are determined by indicating the rules, terms, list of tools permitted for use and methods of obtaining objects of the animal world classified as hunting objects. These hunting conditions were approved by Government Decree of January 10, 2009. No. 18.

The objects of hunting are wild animals and birds that are in a state of natural freedom and constitute the state hunting fund. The list of fauna objects classified as hunting objects based on status, numbers, traditions of use, types and quality of products obtained was approved by Government Decree No. 1289 of December 26, 1995.

The hunter is obliged to fight poaching, exterminate harmful predators, protect useful wild animals and birds and promote their breeding, as well as perform other duties to preserve wildlife.

Persons who have the right to hunt may be involved by government agencies in carrying out activities related to regulating the number of animals. Regulation of the number of individual objects of the animal world is carried out in order to restore the natural balance in animal communities. The task of regulating the number of animals of a particular species is to maintain its optimal quantity, corresponding to the potential and real capabilities of the natural feed ration, so that the existing number of a given species does not cause harm to the natural environment, other animals, human health and the property interests of citizens, organizations and society . At the same time, regulation should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat.

Fishing

The other most common type of use of wildlife is fishing. Relations in the field of fishing and conservation of aquatic biological resources are regulated on the basis of the Federal Law “On Wildlife” by the Federal Law of December 20, 2004. No. 166-FZ “On fishing and conservation of aquatic biological resources.”

Fishing is the activity of extracting (catching) aquatic biological resources. The Federal Law provides for a closed list of types of fishing. There are industrial (fishing), including coastal fishing, amateur and sport fishing. Fishing is also carried out for research and control, educational and cultural-educational purposes, in order to ensure the traditional way of life and the implementation of traditional economic activities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation and for the purposes of fish farming, reproduction and acclimatization of aquatic biological resources .

The objects of fishing are fish, aquatic invertebrates, aquatic mammals, and other aquatic animals and plants in a state of natural freedom. The list of types of aquatic biological resources that are objects of fishing was developed and approved by the Federal Fisheries Agency in agreement with the Ministry of Natural Resources and Ecology of the Russian Federation.

The right to remove aquatic biological resources from their habitat when carrying out various types of fisheries is certified by a permit for the extraction (catch) of aquatic biological resources. Rules<#"justify">types of permitted fishing;

standards, including standards for the yield of products from the processing of aquatic biological resources, including caviar, as well as parameters and terms of permitted fishing;

restrictions on fishing and other activities related to the use of aquatic biological resources classified as fishing objects;

requirements for the conservation of aquatic biological resources classified as fishery objects.

In accordance with Article 43.1 of the Federal Law “On Fisheries and Conservation of Aquatic Biological Resources” by the Order of the Federal Agency for Fisheries dated October 27, 2008. No. 272, fishing rules were approved for the Far Eastern fishery basin. Fishing rules for the Northern Fishery Region, approved by order of Rosrybolovstvo dated January 16, 2009. No. 13, provide for a complete ban on the hunting of whitefish (a baby harp seal under the age of 1 month) and the harp seal itself throughout the White Sea, as well as a ban on the hunting of all mammals for industrial purposes. In the Russian Federation, the hunting of the khokhlushka (molting baby seal) and the serka (a baby up to a year old) is prohibited. The Ministry of Natural Resources and Ecology of the Russian Federation notes that over the past 10 years, the harp seal population in Russia has been declining significantly. Now it is about 200 thousand heads, whereas in the late 90s it was above 300 thousand. One of the main reasons is hunting. Every year in Russia it was allowed to kill 35 thousand seal pups. Today their number is about 120 thousand animals - about 1/3 of the number characteristic of the stable population of the late 1990s.

The Federal Law provides for various measures to protect aquatic biological resources. One of these activities is state monitoring of aquatic biological resources, which is a system of regular observations of the distribution, quantity, quality, reproduction of aquatic biological resources, as well as their habitat and fisheries and conservation of aquatic biological resources. By Decree of the Government of the Russian Federation of December 24, 2008. No. 994 approved the regulation on the implementation of state monitoring of aquatic biological resources and the use of its data.

Users of aquatic biological resources are obliged to carry out, at their own expense, fishery reclamation of water bodies that are used by them to catch aquatic biological resources or are important for the reproduction of these aquatic biological resources. The Federal Law establishes several areas for fishery reclamation of water bodies, including measures to improve the hydrological, hydrogeochemical, and ecological state of water bodies in order to create conditions for the conservation and rational use of aquatic biological resources.

Citizens and legal entities enter into agreements with the Federal Fisheries Agency for the artificial reproduction of aquatic biological resources in water bodies of fishery importance. Artificial reproduction of aquatic biological resources in water bodies of fishery importance includes the following types of work:

extraction (catch) of aquatic biological resources in order to obtain caviar, milt (sperm) from them and the formation of broodstock;

cultivation and subsequent release of juveniles (larvae) of aquatic biological resources into water bodies of fishery importance;

catching predatory and low-value species of aquatic biological resources in order to prevent juveniles from consuming valuable species of aquatic biological resources in the places of their release.

In order to increase the productivity and economic importance of reservoirs, improve their species composition, increase the number of certain valuable species of fish and invertebrates and expand their habitats, aquatic biological resources are acclimatized. It is an activity for the introduction of aquatic biological resources of valuable species into water bodies of fishery importance and the creation of their sustainable populations in water bodies of fishery importance, in which aquatic biological resources of these species did not previously inhabit or have lost their importance. Control over the implementation of measures for the acclimatization of aquatic biological resources in water bodies is carried out by Rosselkhoznadzor and its territorial departments.

In order to preserve aquatic biological resources, the water quality of water bodies is regulated. Water quality standards for water bodies of fishery importance, including maximum permissible concentrations of harmful substances in the waters of water bodies of fishery importance, are developed and approved by the Federal Fisheries Agency in agreement with the Ministry of Natural Resources and Ecology of the Russian Federation based on the results of specialized studies in order to determine the maximum permissible concentrations of chemicals, radioactive substances, microorganisms, as well as other indicators of water quality in water bodies of fishery importance in accordance with the guidelines for the development of these standards. The discharge of harmful substances into water bodies of fishery importance and fishery protection zones, the maximum permissible concentrations of which in the waters of water bodies of fishery importance have not been established, is prohibited. The conservation of aquatic biological resources should be ensured by limiting the volume of irrevocable withdrawal of surface water, ensuring optimal water levels and water discharges for fishery purposes.

Unlike fishery protection zones, a more stringent regime is established in fishery conservation zones: economic and other activities are prohibited here. A fishery reserve zone is a water body of fishery significance or part of it with the adjacent territory, where a special regime of economic and other activities is established in order to preserve valuable types of aquatic biological resources and create conditions for the development of fish farming (with the exception of industrial fish farming) and fishing. Fishery conservation zones can be established in the internal waters of the Russian Federation, including the internal sea waters of the Russian Federation, as well as in the territorial sea of the Russian Federation, on the continental shelf of the Russian Federation and in the exclusive economic zone of the Russian Federation. Fishery conservation zones are not established in the territories of state natural reserves, national parks and state natural reserves of federal significance.

When territorial planning, urban zoning, territory planning, architectural and construction design, construction, reconstruction, major repairs of capital construction projects, introduction of new technological processes and other activities, measures must be taken to preserve aquatic biological resources and their habitat. Decree of the Government of the Russian Federation dated July 28, 2008 No. 569 approved the rules for coordinating the placement of economic and other facilities, as well as the introduction of new technological processes that affect the state of aquatic biological resources and their habitat.

In order to provide information about the status, intended use and conservation of aquatic biological resources, the Federal Fisheries Agency maintains a state fishery register. The rules for its maintenance were approved by the Decree of the Government of the Russian Federation dated August 12, 2008. No. 601.

Other types of use of wildlife

The Federal Law “On Wildlife” provides for some other types of use of wildlife. They differ from hunting and fishing both in terms of goals and objects, and in restrictions, prohibitions and other requirements established by law. Without removing objects of the animal world from their habitat, it is permitted to use the animal world for scientific, cultural, educational, educational, recreational and aesthetic purposes through various forms of observation, tagging, photography and other research methods. No special permission is required and use is free, but research methods must not harm wildlife or their habitat. It is also allowed to use beneficial properties and obtain waste products of animal objects (respectively, soil formers, natural environmental health workers, plant pollinators; honey, wild bees’ wax and others) without removing animal objects from their habitat and destroying them.

The animal world is susceptible to transformative human activity. One of the areas of state regulation in the field of genetic engineering activities is the conservation of biological diversity, protection and restoration of the environment, including fauna. Genetically engineered organisms obtained through such activities are different from natural organisms, but are capable of reproduction and transmission of genetic material. Such organisms are released into the environment. In this case, biological and physical protection is carried out. These concepts are disclosed in the Federal Law “On the Legal Regulation of Genetic Engineering Activities”.

Conclusion

wildlife conservation fisheries

The fauna is the property of the peoples of the Russian Federation, an integral element of the natural environment and biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, fully protected and rationally used to meet the spiritual and material needs of citizens of the Russian Federation.

In the past, when human influence on the number and diversity of animals was insignificant, animal protection could be carried out on the basis of intuitive knowledge, by simply banning or limiting fishing. Relying on the internal hidden forces of nature was justified when, after a decrease in fishing pressure, the species’ numbers were restored. However, over time, such measures became insufficient. A decrease in the number of an animal species to a certain level subsequently led to the automatic extinction of the species, despite the efforts of people to preserve it. Thus, the need arose to consolidate measures to protect the animal world.

Legal protection of wildlife is an integral part of environmental law and legislation, which is a complex set of legislative and other regulatory legal acts governing the protection and use of wildlife. According to some authors, this system of legal norms constitutes a sub-branch of environmental law - “faunal law”.

Currently, many regulations have been adopted at the federal and regional levels, providing for various measures to protect wildlife. They regulate social relations that arise in the process of interaction between man and society with such a component of the environment as wildlife, environmentally significant human behavior and other relations related to the protection and use of wildlife.

The most important issue remains the adoption of a federal law regulating relations in the field of hunting. Projects of such a law do not take into account the specifics of existing social relations in the field of hunting and the real procedure for carrying out hunting activities, do not establish a clear and stable system, but only create the appearance of movement in the development of legislation. Legislation concerning this type of use of wildlife, such as fishing, in my opinion, has been developed in more detail.

In order to ensure the protection of wildlife, state registration is carried out, a state cadastre and state monitoring are maintained, which are sources of environmental information about the state of wildlife objects and the negative impact on them. Based on these data, measures are taken to protect the animal world. A statistical report in the field of environmental management and environmental protection for a certain period is contained in government reports on the state of the environment. The main type of survey work is the winter survey route. These reports provide a picture of the state of the animal world.

However, to protect the animal world, it is not enough to know the situation that has developed in the animal world; it is necessary to take an active part in its life and development, therefore, in certain cases, a mandatory environmental assessment is provided. As part of this procedure, the possibility of adverse effects on wildlife is assessed.

In order to preserve and reproduce objects of the animal world, certain types of use may be limited, suspended or completely prohibited. Such measures are established in certain territories within certain periods. In the field of use and protection of wildlife, standardization is carried out. Compliance with standards, regulations and rules ensures the sustainable existence and biological diversity of the animal world.

These are the main measures for the protection of wildlife provided for in our legislation. Additional measures should be developed for a more sustainable existence, conservation and biological diversity of the animal world. It is equally important to implement already established norms and carry out specific measures aimed at protecting the animal world.

The most urgent need is to protect not individual natural objects, but complex, holistic protection of ecological systems, including animals. All environmental objects interact with each other, so a negative impact on one element can lead to negative consequences for another component, including the animal world.

The protection of wildlife is associated with such a state task as environmental education. All people are responsible for the natural world around us, including animals, therefore public control is an important area of protecting the animal world. First of all, such control should be carried out when using wildlife in order not to harm the animals. For its successful implementation, it is necessary to develop among the population legal views, feelings and emotions in relation to the animal world. Animals play an important role in our lives, and their protection lies on our shoulders.

List of used literature

1.Constitution of the Russian Federation // Collection of legislation of the Russian Federation. - 2009. - No. 4. - Art. 445.

2.On environmental protection: Federal Law of January 10, 2002. No. 7-FZ // Collection of legislation of the Russian Federation. - 2002. - No. 2. - Art. 133.

.On fauna: Federal Law of the Russian Federation dated April 24, 1995. No. 52-FZ // Collection of legislation of the Russian Federation.-1995.- No. 17.- P. 1462.

.On fishing and conservation of aquatic biological resources: Federal Law of the Russian Federation of December 20, 2004. No. 166-FZ // Collection of legislation of the Russian Federation. - 2004. - No. 52. - Art. 5270.

.On state regulation of genetic engineering activities: Federal Law of July 5, 1996. No. 86-FZ // Collection of legislation of the Russian Federation. - 1996. - No. 28. - Art. 3348.

.On the state fishery register: Decree of the Government of the Russian Federation of August 12, 2008. No. 601 // Collection of legislation of the Russian Federation. - 2008. - No. 33. - Art. 3863.

.On the registration, issuance, registration, suspension and cancellation of permits for the extraction (catch) of aquatic biological resources, as well as amendments to them: Decree of the Government of the Russian Federation of October 22, 2008. No. 775 // Collection of legislation of the Russian Federation. - 2008. - No. 43. - Art. 4953.

.On the procedure for maintaining state records, state cadastre and state monitoring of wildlife objects: Decree of the Government of the Russian Federation of November 10, 1996. No. 1342 // Collection of legislation. - 1996. - No. 47. - Art. 5335.

.On the procedure for developing and approving water quality standards for water bodies of fishery importance, including maximum permissible concentrations of harmful substances in the waters of water bodies of fishery importance: Decree of the Government of the Russian Federation dated June 28, 2008. No. 484 // Collection of legislation of the Russian Federation. - 2008. - No. 27. - Art. 3286.

.On approval of the regulations on state control in the field of protection, reproduction and use of wildlife and their habitats: Decree of the Government of the Russian Federation dated November 10, 2008. No. 43 // Collection of legislation of the Russian Federation. - 2008. - No. 46. - Art. 5358.

.On approval of the regulations on the implementation of state monitoring of aquatic biological resources and the use of its data: Decree of the Government of the Russian Federation dated December 24, 2008. No. 994 // Collection of legislation of the Russian Federation. - 2009. - No. 2. - Art. 208.

.On approval of the rules for the formation of fishery protected areas: Decree of the Government of the Russian Federation of August 12, 2008. No. 603 // Collection of legislation of the Russian Federation. - 2008. - No. 33. - Art. 3865.

.On approval of the rules for organizing the artificial reproduction of aquatic biological resources in water bodies of fishery importance: Decree of the Government of the Russian Federation dated 08/25/2008. No. 645 // Collection of legislation of the Russian Federation. - 2008. - No. 35. - Art. 4041.

.On approval of the rules for coordinating the placement of economic and other facilities, as well as the introduction of new technological processes that affect the state of aquatic biological resources and their habitat: Decree of the Government of the Russian Federation dated July 28, 2008. No. 569 // Collection of legislation of the Russian Federation. - 2008. - No. 31. - Art. 3740.

.On approval of the rules for establishing fishery protection zones: Decree of the Government of the Russian Federation dated October 6, 2008. No. 743 // Collection of legislation of the Russian Federation. - 2008. - No. 41. - Art. 4682.

.Regulations on hunting and hunting economy of the RSFSR // SP RSFSR.- 1960.- No. 34.- P. 164.

.On approval of the list of types of aquatic biological resources classified as fishery objects: Order of the Federal Fisheries Agency dated 01.09.2008. No. 131 // Russian newspaper. - 2008. - No. 200.

.On approval of the regulations on the procedure for issuing personalized one-time licenses for the use of wildlife objects classified as hunting objects: Order of the Ministry of Agriculture of the Russian Federation dated 01/04/2001. No. 3 // Bulletin of normative acts of federal executive authorities. - 2001. - No. 14.

.On approval of the procedure for implementing measures for the acclimatization of aquatic biological resources: Order of the Ministry of Agriculture of the Russian Federation dated January 17, 2007. No. 4 // Bulletin of normative acts of federal executive authorities. - 2007. - No. 13.

.On approval of the procedure for establishing the boundaries of fishery protection zones on the ground: Order of the Federal Fisheries Agency dated December 15, 2008. No. 410 // Bulletin of normative acts of federal executive authorities. - 2009. - No. 5.

.On approval of fishing rules for the Far Eastern fishery basin: Order of the Federal Fisheries Agency dated October 27, 2008. No. 272 // Russian newspaper. - 2009. - No. 22.

.On approval of fishing rules for the Northern Fishery Basin: Order of the Federal Fisheries Agency dated January 16, 2009. No. 13 // Russian newspaper. - 2009. - No. 31.

.Bogolyubov S.A. Environmental Law: Textbook. - M.: Yurait-Izdat, 2008. - 485 p.

.Dubovik O.L. Environmental law: textbook. - 3rd ed., revised. and additional - M.: Prospekt, 2009. - 720 p.

.Erofeev B.V. Environmental law of Russia: Textbook. - 3rd ed., revised. - M.: Yurayt-Izdat, 2005. - 430 p.

.Ignatieva I.A. The problem of systematization of legislation on hunting and the law-making experience of the constituent entities of the Russian Federation // Environmental Law. - 2006. - No. 5.

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

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

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

* For more information about the state cadastre and monitoring of wildlife, see Chapters 4 and 5 of this textbook.

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

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

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

* Decree of the Government of the Russian Federation “On specially authorized state bodies for the protection, control and regulation of the use of wildlife and their habitats” dated January 19, 1998 No. 67.

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

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

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

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

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

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

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

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

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

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

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

Animal habitat protection.

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

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

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

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

In particular, when placement, design, construction settlements, enterprises, structures and other objects, improvement of existing and introduction of new technological processes, introduction of virgin lands into economic circulation, land reclamation, implementation of forest use, geological exploration, mining, determination of grazing areas, tourist routes and organization of places of public recreation, etc. should be provided for and measures are taken to preserve the habitat and migration routes of animals.

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

In order to protect the habitats of rare or scientifically or economically valuable animals, protective areas of territories and water areas, having local significance, but necessary for the implementation of their life cycle. They prohibit certain types of economic activities or regulate the timing and procedure for their implementation.

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

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

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

5. The Law “On Animal World” provides for special measures for preventing the death of animals during production processes. These requirements are specified in the Decree of the Government of the Russian Federation of August 13, 1996 No. 997, which approved “Requirements for preventing the death of wildlife during production processes, as well as during the operation of transport highways, pipelines, communication and power lines.” These requirements apply to agricultural, forestry and timber industry activities, operation of transport highways and facilities, transmission and communication lines, industrial and water management processes, irrigation and reclamation works and facilities, etc.

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

Thus, it is prohibited to burn vegetation, store and use pesticides and fertilizers without observing animal protection measures, special warning signs or fences must be installed on transport routes in places where animals are concentrated, passages must be provided for migrating animals during the construction of pipelines, and the use of technologies in agriculture is not allowed and mechanisms causing mass death of animals, etc.

6. In the interests of protecting the animal world in the Russian Federation, it is published Red Book of the Russian Federation and Red Data Books of the constituent entities of the Russian Federation. They contain information about the state of rare, endangered and endangered species of animals and plants, about the necessary measures for their conservation (Article 24 of the Law on Animal World).

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

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

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

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

The procedure for handling zoological collections is established by the Decree of the Government of the Russian Federation dated July 17, 1996 “On the procedure for state registration, replenishment, storage, acquisition, sale, transfer, export outside the Russian Federation and import into its territory of zoological collections.”

8. The Law on Wildlife determines other issues related to the protection of wildlife - acclimatization, relocation and hybridization of animals (Article 25), regulation of animal numbers in order to protect the health and life of people, prevent damage to the national economy and the natural environment (Article 27), etc.

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Federal Agency for Education

NOU VPO "Nizhny Novgorod Institute of Management and Business"

Faculty of Law

Department of Economic and Legal Disciplines

in the discipline "Environmental Law"

Legal protection of wildlife

Completed by: student

Zvonkova Maria Petrovna

Scientific adviser:

Dunaev Igor Ivanovich

Nizhny Novgorod - 2014

Introduction

1. Fauna as an object of legal relations

2. The right to use wildlife. The procedure for providing wildlife objects for use

3. Legal measures for the protection of wildlife. Restrictions and prohibitions on production. Animal habitat protection

Conclusion

Bibliography

Introduction

The fauna, being an integral part of the natural environment, 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 influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation, the biological properties of water and quality 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 medicinal significance. Each animal species is an irreplaceable carrier of the genetic fund.

The use of wildlife for recreational purposes is increasing every year. Previously, the main areas of such use were sport hunting and fishing. Nowadays, the importance of animals as objects of photo hunting and excursion observations is increasing. Millions of people from all over the world visit national parks to admire animals and birds in their natural setting.

That is why the most pressing task in modern conditions is the legal regulation of the use and protection of wildlife, with the aim of its most rational use and reproduction.

Thus, the purpose of the study is to study the legal regulation of the use and protection of wildlife.

Based on the purpose of the study, the following work tasks can be identified:

1. study the necessary regulatory documents on the research topic;

2. give the concept of the animal world from the point of view of law;

3. study the procedure for providing wildlife objects for use;

4. study the legal regulation of hunting and fishing;

5. analyze legal measures for the protection of wildlife.

When studying this topic, one cannot do without the Constitution of the Russian Federation, the Federal Law “On the Animal World” and other laws regulating the animal world. The work used material from such scientists as S. A. Bogolyubov, N. Kuznetsova, M. M. Brinchuk.

In the process of writing the abstract, the following methods were used: analysis and systemic.

legal animal legal legislative

1. Fauna as an object of legal relations

The legal concept of the animal world is defined in the Federal Law “On Animal World”. This is a collection 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. Thus, legally, animals are considered wild if they: are components of the environment; are in a state of natural freedom.

The law “On Animal World” protects not only animals related to hunting and fishing, but also all other animals in conditions of natural freedom. Relations in the field of protection and use of fauna objects kept in semi-free conditions or artificially created habitats for the purpose of preserving the resource and genetic fund of fauna objects and for other scientific and educational purposes are regulated by the said Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and regulatory legal acts of the constituent entities of the Russian Federation. We are talking about objects of the animal world, grown, for example, in fish hatcheries, which at some stage are introduced into the natural environment. Domestic animals, as well as wild animals kept in captivity (in zoos, aquariums, etc.), are not objects of the animal world in the sense of environmental legislation. Relations regarding such species of animals are regulated by agricultural, civil and other legislation.

The animal world has long served people as a source of food products, industrial and medicinal raw materials, and other material assets necessary to meet human needs. In the preamble of the Federal Law “On Animal World,” the animal world is declared the property of the peoples of the Russian Federation, an integral element of the natural environment and biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, fully protected and rationally used to meet the spiritual and material needs of Russian citizens. .

The legislation on the animal world does not provide for private ownership of objects of the animal world. The fauna within the territory of Russia is state property. One of the characteristic features of the animal world is the migration of its objects across the borders of the constituent entities of the Russian Federation and the state border.

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.

The division of state ownership of wildlife into two types - federal property and property of the constituent entities of the Russian Federation - is carried out in the manner established by federal law. The following fauna objects may be considered federal property:

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

Inhabiting specially protected natural areas of federal significance;

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

Subject to international treaties of the Russian Federation;

Classified as specially protected and economically valuable;

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

Based on the international legal concept of biodiversity conservation, the emerging Russian legislation on wildlife is based on the principle of sustainable existence and sustainable use of wildlife. The sustainable existence of the animal world in the Law “On Animal World” means the existence of objects of the animal world for an indefinitely long time. Sustainable use of animal objects is the use of animal objects that does not lead in the long term to the depletion of the biological diversity of the animal world and in which the ability of the animal world to reproduce and exist sustainably is preserved.

The main organizational and legal instruments for regulating the protection and use of wildlife in accordance with the Law “On Wildlife” are state registration, state cadastre (Article 14), state monitoring of wildlife objects (Article 15), regulation in the field of use and protection of animals of the world and its habitat (Article 17), state programs for the protection of wildlife and their habitat (Article 18), environmental assessment (Article 20), state control in this area (Article 16).

The basic requirements for the protection and use of wildlife are aimed at:

Preservation of species diversity of the animal world;

Protection of habitat, breeding conditions and migration routes of animals;

Preserving the integrity of natural animal communities;

Scientifically based, rational use and reproduction of the animal world;

Regulation of animal numbers in order to prevent harm to the environment and the national economy.

2. The right to use wildlife. The procedure for providing wildlife objects for use

Legal regulation of the use and protection of objects of the animal world is carried out by establishing the types and methods of using the animal world, establishing restrictions and prohibitions on the use of objects of the animal world, and protecting the habitat of objects of the animal world. In particular, the 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, educational, recreational and aesthetic purposes, including the organization of eco-tourism.

According to the current legislation (see Article 34 of the Law “On Animal World”), legal entities and individuals can carry out the following types and methods of using the animal world:

Fisheries, including the harvest of aquatic invertebrates and marine mammals;

Extraction of wildlife objects not classified as objects of hunting and fishing;

Using the beneficial properties of the vital activity of the animal world - soil formers, natural environmental health workers, plant pollinators, biofilters and others;

Study, research and other use of the animal world for scientific, cultural, educational, educational, recreational, aesthetic purposes without removing them from their habitat;

Extracting useful properties of vital activity of objects of the animal world.

Laws and other regulatory legal acts of the Russian Federation and its constituent entities may provide for other types of use of wildlife. The fauna on the territory of the Russian Federation is provided for the use of Russian and foreign legal entities, citizens of the Russian Federation, foreign citizens and stateless persons. The provision is carried out in the manner established by the current legislation (Federal Law “On Wildlife”, civil, land, water and forestry legislation of the Russian Federation). Priority in providing wildlife for use in a specific territory or water area is given to Russian legal entities and citizens of the Russian Federation.

The use of wildlife is terminated (in whole or in part) in the following cases:

Refusal to use;

Expiration of the established period of use;

Violations of the legislation of the Russian Federation on the protection of the natural environment and the conditions for the use of wildlife specified in the license for their use;

The need arises to remove objects of the animal world from use for the purpose of their protection;

Use of the territory, water area for state needs, excluding the use of wildlife;

Liquidation of enterprises, institutions, organizations - users of wildlife.

The decision to terminate the use of wildlife may be appealed in court in accordance with the established procedure.

Economic regulation of the protection and use of wildlife includes: accounting and economic assessment of wildlife objects; an economically sound system of payments for the use of wildlife; budgetary financing of measures for the protection and reproduction of wildlife; an economically justified system of fines and claims for violation of the legislation of the Russian Federation on the protection and use of wildlife; targeted use of funds received from the sale of confiscated tools for the illegal extraction of wildlife, including vehicles and products, in the manner prescribed by the legislation of the Russian Federation, as well as voluntary contributions from citizens and legal entities.

Economic stimulation of these activities includes: the establishment of tax and other benefits provided to legal entities and citizens ensuring the protection, reproduction and sustainable use of wildlife, as well as the protection and improvement of their habitat; providing legal entities with preferential loans to carry out work on the protection and reproduction of wildlife; bonuses for officials and citizens involved in the protection of wildlife for identified violations of legislation on the protection and use of wildlife.

Indigenous small peoples and ethnic communities, if their habitat and traditional way of life are connected with the animal world, along with the general rights of citizens in this area, are endowed with special rights. They have the right to use traditional methods of obtaining objects of the animal world and the products of their vital activity, if these do not lead directly or indirectly to a decrease in biological diversity, do not reduce their numbers and sustainable reproduction, do not disturb the habitat and do not pose a danger to humans. Such citizens can exercise this right both individually and collectively, uniting in family, tribal, territorial-economic communities, unions of hunters, gatherers, fishermen, etc. Indigenous peoples and ethnic communities, as well as citizens belonging to these population groups, and their associations have the right to priority use of wildlife in the territories of their traditional settlement and economic activity.

The right to priority use of wildlife includes:

Providing priority choice of fishing grounds to citizens belonging to the specified population groups and their associations;

Benefits in relation to the timing and areas of obtaining objects of the animal world, the sex, age composition and quantity of the objects of the animal world obtained, as well as the products of their vital activity;

Other types of use of the animal world, agreed upon with specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat.

The same right is enjoyed by other citizens who permanently reside in a given territory and are legally included in one of these population groups.

Citizens and legal entities, including public associations and religious organizations, participate in the protection and use of wildlife, conservation and restoration of their habitat in the manner established by the legislation of the Russian Federation. In this regard, they are entitled to the following rights:

Receive relevant information from government authorities, unless otherwise provided by the legislation of the Russian Federation;

Conduct public environmental assessments;

Exercise public control;

Carry out measures to protect wildlife and their habitats;

Promote the implementation of relevant government programs.

The participation of international public organizations in the protection and use of wildlife on the territory of the Russian Federation is regulated by its international treaties.

3. Legal measures for the protection of wildlife. Restrictions and prohibitions on production. Animal habitat protection

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 sustainable existence and use of wildlife;

Supporting activities aimed at protecting wildlife and their habitats;

Carrying out the 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;

The 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 regulations;

Import into the Russian Federation and export outside its borders of objects of the animal world, their products and parts without the appropriate permit;

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;

Concealing or distorting information about the condition and number of wildlife objects that is important for the safety of the population and domestic animals, the sustainable use of wildlife 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.

Conclusion

The development of weapons and vehicles allowed man to penetrate into the most remote corners of the globe. And everywhere the development of new lands was accompanied by the merciless extermination of animals and the death of a number of species. The European steppe horse Tarpan was completely destroyed by hunting. The victims of the hunt were aurochs, spectacled cormorant, Labrador eider, Bengal hoopoe and many other animals. As a result of unregulated hunting, dozens of species of animals and birds are on the verge of extinction. At the beginning of this century, the intensification of whaling (the creation of a harpoon cannon and floating bases for whale processing) led to the disappearance of individual whale populations and a sharp drop in their overall numbers.

Dams on rivers have a huge impact on the ecological state of water bodies. They block the path of migratory fish to spawn, worsen the condition of spawning grounds, and sharply reduce the flow of nutrients into river deltas and coastal parts of seas and lakes. To prevent the negative impact of dams on the ecosystems of aquatic complexes, a number of engineering and biotechnical measures are being taken (fish passages and fish lifts are being built to ensure the movement of fish to spawn). The most effective way to reproduce fish stocks is to build fish hatcheries and fish hatcheries.

Since people’s relationship to nature exists only through production relations, environmental management in each country is associated with significant socio-economic relations in it. The differences in socio-economic systems, which also determine the differences in environmental and legal regulation of different countries, require a careful analysis of law enforcement practice.

List of used literature

1. Bogolyubov S.A. Environmental Law: Textbook. - M.: Yurait-Izdat, 2008. - 485 p.

2. Brinchuk, M.M. Environmental law (environmental law): a textbook for higher legal educational institutions / M.M. Brinchuk. - M.: Yurist, 2001. - 688 p.

3. Dubovik O.L. Environmental law: textbook. - 3rd ed., revised. and additional - M.: Prospekt, 2009. - 720 p.

4. Kuznetsova, N.V. Environmental law: textbook / N.V. Kuznetsova. - M.: Jurisprudence, 2000. - 168 p.

5. Ignatieva I.A. The problem of systematization of legislation on hunting and the law-making experience of the constituent entities of the Russian Federation // Environmental law. - 2006. - No. 5.

6. Kraev N.V., Kraeva V.N., Matveychuk S.P. Conclusion of the State Scientific Institution All-Russian Research Institute of Agriculture of the Russian Agricultural Academy on the draft Federal Law No. 66299-5 // Environmental Law. - 2008. - No. 4.

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Legal protection of wildlife in foreign countries. Legal regime for the use and protection of wildlife

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