Legal measures for the protection of wildlife. Legal regime of use and protection of wildlife. The right to use wildlife and its types
Introduction
Fauna as an object of the ecological and legal regime
State management of the ecological and legal regime of wildlife
Types of the right to use wildlife
Legal protection of wildlife
Conclusion
Bibliography
Introduction
The first ecological law says: everything is interconnected with everything, which means that you cannot take a step without hitting something. Each step of a person on an ordinary lawn is dozens of destroyed microorganisms, frightened off insects, changing migration routes, and maybe even reducing their natural productivity. Therefore, the rash behavior of human society in natural ecosystems is reminiscent of the behavior of an elephant in a china shop, with the only difference that the dishes broken by the elephant can be replaced with newly made ones, and the destroyed natural objects and the ecological relationships between them are irreversibly violated.
Being an integral part of the natural environment, the animal world acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality of the environment. the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of trade. Certain types of animals are of great cultural, scientific, aesthetic, educational, and medicinal value.
1. Fauna as an object of the ecological and legal regime
The object of use and protection are only wild animals (mammals, birds, reptiles, amphibious fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of the country . Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such an object. They are property owned by the state, cooperative, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.
A feature of the animal world is that it is renewable, however, for this it is necessary to comply with certain conditions directly related to the protection of animals. In case of extermination, violation of the conditions of their existence, certain species of animals may finally disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species contribute to their restoration and renewal. The animal world lends itself to transformative human activity: it is possible to domesticate wild animals, cross and breed new species, grow certain species of animals in artificial conditions and resettle them in their natural habitats.
2. State management of the ecological and legal regime of wildlife
The areas of regulation of relations for the protection and use of the animal world, in accordance with the current legislation, include: disposal of the animal world; determination of general measures and establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for state registration of animals and their use and the procedure for maintaining the state cadastre of wildlife; state control over the protection and use of the animal world and the establishment of the procedure for its implementation; solution of other issues.
State management in the field of the environmental and legal regime for the use of wildlife is carried out by the Council of Ministers of the Russian Federation, the local administration, as well as specially authorized state bodies for the protection and regulation of the use of wildlife and other state bodies.
Specially authorized bodies are:
For terrestrial animals and birds - the Main Directorate of Hunting and Nature Reserves under the Council of Ministers of the Russian Federation (Glavokhota RF),
For fish stocks - the ministries of fisheries of the republics, their bodies of fish protection.
The functions of managing the environmental and legal regime for the use of wildlife are as follows: state registration of animals and their use, state cadastre of wildlife; planning activities in the field of protection and use of wildlife; state control over the protection and use of wildlife; resolution of disputes related to the use of wildlife.
According to Article 31 of the Law, in order to ensure the protection and organization of the rational use of the animal world, the state registration of animals and their use is carried out and the state cadastre of the animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers, characteristics of the lands they need, modern economic use of animals and other necessary data.
On the basis of the Decree of the Council of Ministers of the USSR of April 28, 1984 “On the procedure for state registration of animals and their use and the state cadastre of wildlife”, which provides for the need to ensure measures for maintaining state registration of animals and their use since 1986, and maintaining the state cadastre of wildlife from 1988, the State Wildlife Cadastre includes data from the state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of wildlife, planning, placement and specialization of hunting and fisheries and other sectors of the national economy, and other activities associated with the use of the animal world, resource assessment and forecast of the state of the animal world, organization of measures to regulate the number of certain species of wild animals.
Animals subject to registration and entry into the cadastre include animals that are, in accordance with the established procedure, objects of hunting, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as located on the territory of state reserves and natural national parks. Along with wild animals, the lands they need (land, water, forest) are also recognized as an object of the state wildlife cadastre, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary living conditions and, first of all, feed.
State control over the protection and use of wildlife has the task of ensuring that all ministries, state committees, cooperative and other public enterprises, institutions, organizations, as well as citizens fulfill their duties for the protection of wildlife, compliance with the established procedure for the use of wildlife and other rules established by law. on the protection and use of wildlife.
State control over the protection and use of the animal world is carried out by the relevant executive authorities, as well as by specially authorized bodies.
Along with state control, departmental control is also exercised over the protection and use of the animal world by those bodies in charge of enterprises and institutions that use objects of the animal world.
The functions of state control are performed by the State Hunting Inspection of the Glavokhota of the Russian Federation, its subdivisions in regions, territories, autonomies. State inspection tasks for the protection of forest animals are also carried out by the forest guard.
State control over the protection and reproduction of fish stocks is carried out by the Main Directorate for the Protection and Reproduction of Fish Stocks and Regulation of Fisheries (Glavrybvod) of the Ministry of Fisheries of the Russian Federation, basin departments, fish protection inspections for regions, territories, autonomies, and districts.
In the fight against poaching, the internal affairs bodies play an active role. Together with state bodies, control over the protection and use of wildlife is also carried out by hunters' and fishermen's societies, public inspectorates for the protection of wildlife, created under the bodies of hunting supervision and fish protection.
3. Types of the right to use wildlife
The legal basis for the environmental activities of the state in this area are the Law of the RSFSR "On the Protection and Use of Wildlife", as well as hunting and fishing legislation.
The users of the animal world (Article 10 of the Law) may be state, cooperative and other public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the catching of invertebrates and marine mammals that are not objects of hunting and fishing); for scientific, cultural, educational, educational and aesthetic purposes; the use of useful properties of the vital activity of animals - soil formers, natural orderlies among pollinators of plants, etc.; for the production of animal waste products.
One of the main uses of wildlife is hunting (Article 12 of the Law) - commercial catching of wild animals and birds, amateur and sport hunting. According to the Decree of the Council of Ministers of the USSR of January 5, 1982 “On improving the management of hunting”, all citizens who are members of the hunters’ society, who pass tests according to the hunting minimum, who have paid the state fee with the appropriate marks in the hunting membership card, and who have received permission for the right to hunt, have the right to hunt. the use of hunting weapons, a permit for hunting in certain hunting grounds and a permit for shooting (catching) the specified type and number of animals and birds.
For the organization of sports and amateur hunting, voluntary societies have been created - the republican societies of hunters, the All-Army Military Hunting Society, the Dynamo hunting society, which are endowed with the right to issue hunting tickets and accept tests according to the hunting minimum. In this case, a hunting license, a voucher issued by a hunting society, and a license for shooting (catching) the corresponding type and number of animals with an indication of the period of their shooting (catching) and the place of hunting serve as a hunting certificate.
In case of commercial hunting, such documents are a work plan for shooting a certain type of game animals or an agreement with a hunting farm for shooting animals, a license for the extraction of licensed animal species.
Harvesting of wild animals in the order of research hunting is carried out according to the permits of the wildlife protection authorities and paid licenses for shooting (catching) animals.
Fishing (Article 13 of the Law) - commercial fishing, catching aquatic invertebrates and marine mammals, as well as amateur and sport fishing and catching aquatic invertebrates - is carried out in the prescribed manner.
All water bodies that are used or can be used for commercial production of fish, other species of aquatic animals, or are important for the reproduction of fish stocks, are considered fishery and are under the jurisdiction of the Ministry of Fisheries of the Russian Federation and under its control. The fishing rules for individual fishery reservoirs and water basins determine the places of fishing, the timing of catching fish and other aquatic animals, the list of valuable fish prohibited for catching, the norms for catching valuable species of fish per citizen, the list of permitted and prohibited fishing gear and other requirements.
Commercial production is carried out on fishery sites provided for use under contracts with state, cooperative and other fish procurement organizations. Outside these areas, fishing by these organizations is carried out on the basis of tickets from the fisheries authorities. Research organizations carry out fishing under special permits of fish protection authorities.
Sports and amateur fishing is allowed to all citizens free of charge on public water bodies: on water bodies (or certain sections of these water bodies), where fishing is organized by hunters and fishermen's societies, members of these societies, and on water bodies that are determined by fisheries protection authorities for the organization of cultural fish farms, societies hunters and fishermen - according to permits issued by these societies free of charge or for a fee.
Enterprises, institutions, organizations and citizens (Article 14 of the Law) are allowed to take animals that are not related to hunting and fishing objects. Legislation establishes lists of animals, the extraction of which is carried out only with permits issued by specially authorized state bodies for the protection and regulation of the use of wildlife, as well as lists of those species, the extraction of which is prohibited.
In accordance with Art. 16 of the Law, it is allowed to use the beneficial properties of the vital activity of animals without removing them from the natural environment, with the exception of certain cases. According to Art. 17 of the Law, the use of animals for the purpose of obtaining products of their vital activity is allowed without the removal of animals, as well as without their destruction and without violating their habitat.
Among the grounds for termination of the right to use the animal world (Article 29 of the Law), the following stand out: passing the need for use or refusing to use it; expiration of the established period of use; the emergence of the need to withdraw from the use of objects of the animal world in order to protect animals; liquidation of an enterprise, institution, organization that was granted the right to use; non-compliance by users with established rules, norms and other requirements for the protection and use of wildlife.
4. Legal protection of wildlife
The main requirements that must be observed when planning and implementing measures that may affect the habitat of animals and the state of the animal world are fixed 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 the Habitat, breeding conditions and migration routes of animals; preservation of the integrity of natural animal communities; scientifically substantiated rational use and reproduction of the animal world; regulation of the number of animals in order to protect public health and prevent damage to the national economy. The last requirement is provided for by Art. 18 of the Law, which states that measures to regulate the number of certain animal species must be carried out in humane ways, excluding harm to other animal species and ensuring the safety of the Animal Habitat.
Measures for the protection of wildlife are recorded in Article 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 concretized in relation to economic activity, namely: in the placement, design, construction of settlements, enterprises, structures and other objects, in the improvement of existing and the introduction of new technological processes, the introduction into economic circulation virgin lands, wetlands, coastal and shrublands, land reclamation, forest use, geological exploration, mining, determining grazing and driving farm animals, developing tourist routes and organizing places for mass recreation of the population, as well as when placing, design and construction of railways, highways, pipelines and other transport routes, power transmission and communication lines, canals, dams and other hydraulic structures, the implementation of measures to fulfill these th requirement (art. 23 of the Law).
Article 24 of the Law requires enterprises and citizens 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, it is prohibited to burn dry vegetation, store materials, raw materials and production waste.
To ensure the protection of the animal world, a stricter regime for the use of animals in reserves, wildlife sanctuaries and other specially protected areas is established. Here, types of use of the animal world and other responsibility incompatible with the goals of conservation are prohibited.
Of great importance is the protection of rare and endangered individual species of animals. Such animals (Article 26 of the Law) are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed. In the case when the reproduction of rare and endangered species of animals is impossible in natural conditions, the 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 to freedom for research purposes, for the creation and replenishment of zoological collections is allowed with a special permit issued by specially authorized state bodies for the protection and regulation of the use of wildlife.
Conclusion
Even more than half a century ago, Academician V.I. Vernadsky noted that the power of human activity can be compared with the geological force of the Earth, lifting mountain ranges, lowering continents, moving continents, etc. Since that time, humanity has gone far ahead, and therefore the power of man has increased a thousand times. Now one enterprise - the Chernobyl nuclear power plant has caused irreparable harm to a huge region, which is connected by inextricable eco-ties not only with a separate continent, but is also of great importance for life on Earth, changes in planetary processes.
Because the relation of people to nature exists only through production relations, then environmental management is associated in each country with significant socio-economic relations in it. The difference in socio-economic systems, which also determine the difference in environmental and legal regulation of different countries, requires a careful analysis of law enforcement practice.
Awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international community causes an increase in the threat of environmental catastrophe on a global scale.
In recent years, irreversible changes have taken place in our country - the USSR collapsed and allied structures disappeared. The formation of sovereign states with the heaviest ecological legacy should make us think about creating a single ecological space for overcoming the ecological crisis. It is in association that the way to solving all the environmental problems facing the republics is found.
Bibliography
1. B.V. Erofeev. Environmental law. M., Higher School, 1992.
2. Law of the RSFSR "On the protection and use of wildlife."
3. The Constitution of the Russian Federation.
4. Fundamentals of the legislation of the Russian Federation "On healthcare".
Legal protection of wildlife- this is a system of measures fixed 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 wildlife objects.
The necessary conditions for the implementation of activities for the protection of wildlife are the development and implementation of federal and territorial government programs for the protection of the animal world and its habitat; conducting state accounting, state cadastre and environmental monitoring objects of the animal world.
Users of the wildlife are required to annually keep records of the objects of the animal world used by them and the volumes of their withdrawal and submit these data to the competent state bodies that keep records and cadastre of the objects of the animal world. State monitoring of objects of the animal world is necessary for the timely detection of changes in the state of the animal world, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use of the animal world *.
* For more information about the state cadastre and monitoring of wildlife objects, see chapters 4 and 5 of this manual.
The organization and implementation of these activities is regulated by the Decree of the Government of the Russian Federation “On the procedure for maintaining state records, state cadastre and state monitoring of wildlife objects” dated November 10, 1996 No. 1342.
An obligatory measure for the protection of wildlife is state ecological expertise, prior to the adoption of economic decisions that can affect the animal world and its habitat. Mandatory state expertise is subject to fertilizers, pesticides and plant growth biostimulants, as well as materials that ensure the volumes (quotas, limits) of the removal of objects of the animal world and the work on acclimatization and hybridization of these objects. 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 the animal world, state control bodies of general and special competence (the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection, the Federal Forestry Service of Russia, etc.), a special place among which is occupied by specialized units - hunting inspections, fish 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 objects and their habitats” dated January 19, 1998 No. 67.
The officials of these bodies are endowed with broad powers in the exercise of their control functions (Article 31 of the Law on the Animal World):
Check with legal entities and citizens documents for the right to use the wildlife, the right to be in a specially protected area (water area) and the permission of the internal affairs bodies to store and carry firearms;
Detain violators of the legislation on the animal world, draw up reports on the offenses they have committed and deliver these violators to law enforcement agencies;
To inspect things and personal search of detainees, stop and search vehicles, check weapons and other tools for obtaining objects of the animal world, products received from them;
Seize from offenders illegally obtained products, weapons and other tools for obtaining wildlife, including vehicles, as well as relevant documents;
Keep and carry service firearms and special means while on duty;
Use physical force in the prescribed manner, special means: handcuffs, rubber sticks, tear gas, devices for forced traffic stop, service dogs and firearms.
In pursuance of this article of the Law on the Fauna and in accordance with the Federal Law “On Weapons”, Decree of the Government of the Russian Federation of February 2, 1998 No. 133 approved the rules for the use and use of service weapons and special means by officials of the Ministry of Agriculture and Food of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection and the Federal Forestry Service of Russia and their territorial bodies.
The conservation of the animal world can be achieved both in the process of direct protection of the animals themselves and their populations, and in the protection of their habitat. Therefore, measures for the protection of wildlife are implemented in three main areas:
Organization of the rational use of the animal world, regulation of the number of animals and their reproduction;
Preservation of species diversity of animals (genetic fund of animal communities);
Animal habitat protection.
1. Regulation of rational use animal world. It is carried out primarily through regulation in the field of protection and use of the animal world, which consists in establishing limits (volumes, quotas) use of animals, and standards, norms and rules their rational use and protection.
Of particular importance is the establishment prohibitions and restrictions for the use of wildlife. For the purpose of their conservation and reproduction, certain types of use or the use of individual objects of the animal world may be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on the Animal World). The question of the implementation of these measures was raised in connection with the consideration of the legal regulation of the use of wildlife.
2. Protection of the 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 the deterioration of the conditions for their reproduction, feeding, rest 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, forest use, geological exploration, mining, determination of grazing areas, tourist routes and organization of public recreation areas, etc. should be provided for and measures are taken to preserve the habitat and migration routes of animals.
When placing and constructing highways, power transmission and communication lines, as well as canals, dams and other hydraulic structures, measures must be taken to preserve the migration routes of wildlife objects 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 animals that are rare or valuable in scientific or economic terms, protective areas of territories and water areas, of local importance, but necessary for the implementation of their life cycle. They prohibit certain types of economic activity or regulate the timing and procedure for their implementation.
The norms of land, forest, water legislation, legislation on subsoil and specially protected natural areas are also aimed at ensuring the protection of the habitat of animals from pollution and destruction.
3. The most complete and effective conservation of animal communities can be ensured in reserves, sanctuaries, national parks and other specially protected areas. Within these territories, the use of wildlife is completely prohibited or restricted, 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 is impossible under natural conditions, 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 habitat (Article 26 of the Law on the Fauna). At the same time, persons (both legal and natural) who are engaged in the maintenance and breeding of animals are obliged to treat them humanely, to comply with appropriate sanitary, veterinary and zoological requirements. Otherwise, they may be prosecuted and the animals subject to judicial confiscation.
5. The Law "On the Fauna" provides for special measures to prevention of death of animals in the course of production processes. These requirements are specified in Decree of the Government of the Russian Federation of August 13, 1996 No. 997, which approved the “Requirements for the Prevention of the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmission 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 refers to the prevention of the death of animals as a result of habitat changes and disruption of migration routes, falling into water intake structures, production equipment units, under moving vehicles and agricultural machines, as well as as a result of the construction of production facilities, the extraction, processing and transportation of raw materials, collisions with wires and the action of electric current, exposure to electromagnetic fields, noise and vibration, etc.
Thus, it is forbidden to burn vegetation, store and use pesticides and fertilizers without observing measures for the protection of animals, special warning signs or fences should be installed on highways in places of concentration of animals, transitions for migratory animals should be provided during the construction of pipelines, the use of technologies in agriculture is not allowed. and mechanisms causing mass death of animals, etc.
6. In the interests of protecting wildlife in the Russian Federation, a Red Book of the Russian Federation and Red Data Books of subjects of the Russian Federation. They contain information on the state of rare, endangered and endangered species of animals and plants, on the necessary measures for their conservation (Article 24 of the Law on the Fauna).
The basis for inclusion in the Red Book of one or another species of animals is data on changes in their numbers, living conditions, requiring urgent action. Inclusion in the Book means the universal prohibition of the destruction, trapping, shooting of these species of animals and the destruction of their habitat.
In accordance with 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 listed in the Red Book are prepared and distributed.
7. Legislation regulates the taking of animals for zoological collections(Article 29 of the Law on Fauna) - 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, oceanariums, etc.
All zoological collections of scientific, cultural, educational, educational and aesthetic value, individual outstanding exhibits of collections, regardless of their form of ownership, are subject to state registration.
The procedure for handling zoological collections is established by the Decree of the Government of the Russian Federation of July 17, 1996 "On the procedure for state registration, replenishment, storage, acquisition, sale, shipment, export outside the Russian Federation and import into its territory of zoological collections."
8. The law on the animal world also determines other issues related to the protection of the animal world - acclimatization, resettlement and hybridization of animals (art. 25), regulation of the number of animals in order to protect the health and life of people, prevent damage to the national economy and the natural environment (Article 27), etc.
63. Legal protection of wildlife.
Legal protection of wildlife- this is a system of measures fixed 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 wildlife objects.
The necessary conditions for the implementation of activities for the protection of wildlife are the development and implementation of federal and territorial government programs for the protection of the animal world and its habitat; conducting state accounting, state cadastre and environmental monitoring objects of the animal world.
Users of the wildlife are required to annually keep records of the objects of the animal world used by them and the volumes of their withdrawal and submit these data to the competent state bodies that keep records and cadastre of the objects of the animal world. State monitoring of objects of the animal world is necessary for the timely detection of changes in the state of the animal world, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use of the animal world *.
The organization and implementation of these activities is regulated by the Decree of the Government of the Russian Federation “On the procedure for maintaining state records, state cadastre and state monitoring of wildlife objects” dated November 10, 1996 No. 1342.
An obligatory measure for the protection of wildlife is state ecological expertise, prior to the adoption of economic decisions that can affect the animal world and its habitat. Mandatory state expertise is subject to fertilizers, pesticides and plant growth biostimulants, as well as materials that ensure the volumes (quotas, limits) of the removal of objects of the animal world and the work on acclimatization and hybridization of these objects. 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 the animal world, state control bodies of general and special competence (the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection, the Federal Forestry Service of Russia, etc.), a special place among which is occupied by specialized units - hunting inspections, fish protection, etc. *
The officials of these bodies are endowed with broad powers in the exercise of their control functions (Article 31 of the Law on the Animal World):
Check with legal entities and citizens documents for the right to use the wildlife, the right to be in a specially protected area (water area) and the permission of the internal affairs bodies to store and carry firearms;
Detain violators of the legislation on the animal world, draw up reports on the offenses they have committed and deliver these violators to law enforcement agencies;
To inspect things and personal search of detainees, stop and search vehicles, check weapons and other tools for obtaining objects of the animal world, products received from them;
Seize from offenders illegally obtained products, weapons and other tools for obtaining wildlife, including vehicles, as well as relevant documents;
Keep and carry service firearms and special means while on duty;
Use physical force in the prescribed manner, special means: handcuffs, rubber sticks, tear gas, devices for forced traffic stop, service dogs and firearms.
In pursuance of this article of the Law on the Fauna and in accordance with the Federal Law “On Weapons”, Decree of the Government of the Russian Federation of February 2, 1998 No. 133 approved the rules for the use and use of service weapons and special means by officials of the Ministry of Agriculture and Food of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection and the Federal Forestry Service of Russia and their territorial bodies.
The conservation of the animal world can be achieved both in the process of direct protection of the animals themselves and their populations, and in the protection of their habitat. Therefore, measures for the protection of wildlife are implemented in three main areas:
Organization of the rational use of the animal world, regulation of the number of animals and their reproduction;
Preservation of species diversity of animals (genetic fund of animal communities);
Animal habitat protection.
1. Regulation of rational use animal world. It is carried out primarily through regulation in the field of protection and use of the animal world, which consists in establishing limits (volumes, quotas) use of animals, and standards, norms and rules their rational use and protection.
Of particular importance is the establishment prohibitions and restrictions for the use of wildlife. For the purpose of their conservation and reproduction, certain types of use or the use of individual objects of the animal world may be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on the Animal World). The question of the implementation of these measures was raised in connection with the consideration of the legal regulation of the use of wildlife.
| " |
The legal protection of wildlife is understood as a system of measures fixed by law, which are aimed at preserving biological diversity and ensuring the sustainable existence of wildlife, creating conditions for the continuous use and reproduction of wildlife objects.
For the necessary functioning of wildlife protection activities are the development and implementation of federal and territorial state programs aimed at protecting wildlife and its habitat, as well as maintaining state records, state cadastre and environmental monitoring of wildlife objects. State monitoring of objects of the animal world, first of all, is necessary for the timely detection of changes in the state of the animal world, as well as the prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use of the animal world. protection animal right user
Decree of the Government of the Russian Federation "On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects" dated November 10, 1996 No. 1342 states that all users of wildlife are required to annually keep records of the wildlife objects used by them and the volumes of their withdrawal, provide these data to the competent state bodies that keep records and cadastre of wildlife objects. It should be noted that a mandatory measure for the protection of wildlife is the state ecological expertise, which precedes the adoption of economic decisions that can affect the wildlife and its habitat.
In order to ensure compliance by legal entities and citizens with the requirements of the legislation of the Russian Federation on wildlife, state control is carried out by bodies of general and special competence: the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection, the Federal Forestry Service of Russia, etc. The officials of these bodies are endowed with broad powers in the exercise of their control functions (Article 31 of the Law on the Animal World):
- - verification of documents from legal entities and individuals for the right to use the wildlife, the right to be in a protected area and the permission of the internal affairs bodies to store and carry firearms;
- - detain violators of the law and draw up reports on the offenses they have committed, deliver these violators to law enforcement agencies;
- - to inspect the belongings of detainees, stop and inspect vehicles, check weapons and other tools for obtaining objects of the animal world, products received from them;
- - seize illegally obtained products, tools for obtaining objects of the animal world, including vehicles and relevant documents;
- - use physical force, special means in accordance with the established procedure: handcuffs, rubber sticks, tear gas, service dogs and firearms (service firearms and special means have the right to keep and carry only in the performance of official duties).
The conservation of the animal world can be achieved both in the process of direct protection of the animals themselves, and the protection of their habitat. Measures for the protection of wildlife are characterized in three main areas:
- - organization of the rational use of the animal world, regulation of their numbers and reproduction;
- - preservation of species diversity of animals;
- - protection of the habitat of animals.
- - regulation of the rational use of the animal world: setting limits on the use of animals, standards, norms and rules for their rational use and protection;
- - protection of the habitat, breeding conditions and migration routes of animals: when placing, designing, building settlements, structures and other objects, introducing virgin lands into economic circulation, land reclamation, mining, determining grazing sites and so on.
The Law "On the Fauna" provides for special measures to prevent the death of animals in the course of production work, which are specified in the Decree of the Government of the Russian Federation of August 13, 1996 No. during the operation of transport highways, pipelines, communication and power lines. Also, in the interests of protecting the wildlife in the Russian Federation, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are published in order to protect and popularize wildlife objects that are on the verge of extinction. The Law on Wildlife also defines other issues related to the protection of wildlife - acclimatization, resettlement and hybridization of animals (Article 25), regulation of the number of animals in order to protect the health and life of people, prevent damage to the national economy and the natural environment (Article 27) and etc.
Bulletin of Omsk University. Series "Right". 2017. No. 3 (52). pp. 123-127.
DOI 10.25513/1990-5173.2017.3.123-127
LEGAL PROTECTION OF WILDLIFE: THEORY AND PRACTICE
LEGAL PROTECTION OF WILDLIFE: THEORY AND PRACTICE S. V. IVANOVA
The author considers the main legal measures for the protection of wildlife: conservation, rational use, acclimatization, regulation of the number of wildlife objects. An opinion is expressed about the need for an integrated and systematic approach to the conservation of the animal world. The current legislation on the animal world, aimed at regulating relations for the protection of wildlife objects, is analyzed.
Key words: objects of the animal world; biodiversity; wildlife protection; preservation of natural ecological systems; impact on the animal world.
In article the author considers the principal legal measures of protection of fauna: conservation, sustainable use, acclimatization, regulation of the number of objects of the animal world. The author suggests the necessity of comprehensive and systematic approaches to the conservation of the animal world. The article analyzes the existing legislation on the animal world, aimed at regulation of relations on protection of objects of the animal world.
Key words: nature; biodiversity; wildlife protection; conservation of natural ecological systems; the impact on wildlife.
The animal world is a source of benefit and pleasure for man, the primary source of production and a condition for his biological existence. Wild animals are of great benefit, satisfying various human needs. People use the animal world without much care, without thinking about whether this object of nature must be preserved for present and future generations. Unfortunately, human needs for the use of wildlife are developing much faster than the awareness of the need to protect them. The impact of man on the animal world leads to a decrease in the number of its individual species or their destruction. The animal world is one of the renewable natural resources that, under certain natural conditions, can be constantly restored as they are used. This creates the impression that in nature "some kind of natural
harmony, some kind of natural balance. And it could have been so if a person had not sharply violated this natural balance with his activity. The rate of anthropogenic interference does not correlate with the time of natural restoration of the number of populations of animal species. To restore them and ensure expanded reproduction, it is necessary to create certain conditions. The recovery process has its own time limits. As a result, when the “natural balance” is disturbed, it becomes necessary to take measures to protect the animal world. The protection of wildlife is becoming a task of international and national importance, it requires comprehensive, comprehensive legal regulation.
The main provisions on the protection of wildlife in the Russian Federation are enshrined in the Federal Law "On Environmental Protection" and the Federal Law
© Ivanova S. V., 2017
"About the Animal World". Along with these regulations, there is a fairly developed legislation aimed at the use and protection of wildlife. Under these conditions, there naturally arises the need for a detailed study of the theory and practice of the legal protection of wildlife, a comprehensive analysis of the features of measures for the protection of wildlife in order to form a theoretical basis for the further development of relations for the protection of wildlife.
One of the main tasks of wildlife protection is the protection of wildlife objects from anthropogenic impact. With the development of economic relations, the forms of negative impact on the animal world by humans are becoming more diverse. If in the distant past man “destroyed a number of animal species for various purposes and changed their living conditions by burning vegetation”, then at present the habitat is disturbed due to the drainage of swamps, the creation of reservoirs, and deforestation. The set of anthropogenic factors and forms of their negative impact on the animal world is wide and varied. The whole variety of influences can be conditionally divided into two main groups: direct and indirect. “Direct impacts are aimed at the destruction of animal and plant populations as a result of: excessive production volumes, low fishing culture; illegal fishing, collecting and collecting living organisms; irrational and indiscriminate control of weeds and pests in agriculture and forestry; death of animals on engineering structures; destruction by the population of animals and plants considered dangerous, harmful or unpleasant. Indirect impacts are aimed at the destruction of natural ecosystems as a result of: their transformation into agricultural land, including the plowing of steppes; forest management by irrational methods; various types of construction; mining; draining swamps; anthropogenic water and wind erosion of soils; hydroconstruction, the creation of reservoirs, the destruction of small rivers. Among the reasons for the reduction in the number
the impact on animals of chemicals (pesticides, petroleum products) should be attributed to the stagnation and disappearance of wild animals; vehicles on highways, when mowing; destruction on power lines; in the process of extraction (withdrawal) and special extermination for the protection of hunting resources, aquatic biological resources; introduction of plant and animal species. It should be noted that this list of negative anthropogenic impacts on wildlife is not exhaustive. Great harm is caused to wild animals as a result of floods, forest fires, droughts, landslides and other natural phenomena. Thus, the negative anthropogenic impact occurs both directly on the objects of the animal world, and on natural ecological systems. Therefore, the implementation of measures to protect wildlife objects should acquire a comprehensive character and include measures to protect the animals themselves and their habitat, as well as measures to protect natural ecosystems. Only in the direct combination of these measures is it possible to ensure the effective protection of the animal world.
One of the main elements of wildlife protection is the conservation of biological diversity. Biodiversity conservation is understood as a complex of active actions, including both direct measures for the conservation, restoration and sustainable use of biodiversity, and the use of socio-economic mechanisms that determine the impact on it of various population groups and economic structures.
The animal world is the property of the peoples of the Russian Federation, protected in every possible way and rationally used to meet the spiritual and material needs of the citizens of the Russian Federation. As Professor O. S. Kolbasov rightly noted, “nature protection cannot be ensured outside of relations for its use, because in this area the most significant impact of society on the natural environment occurs” . Therefore, the rational use of the animal world consists in its fullest possible use.
scientific research institutes to meet various human needs at the lowest cost. However, the use of natural resources “with a focus on immediate individual needs, without taking into account the reserves of these resources and the indirect consequences of their exploitation, can bring irreparable or difficult to eliminate harm in the long term. Therefore, such use of natural goods is not rational and cannot be allowed. An example is the active harvesting of certain species of wild animals in violation of the maximum established production volumes. Rational use also includes the use of wildlife objects in such ways and means that exclude the mass death of wild animals (for example, the extraction (seizure) of fish using an electric fishing rod).
The rational use of the animal world should be carried out on the basis of sustainable use. "Sustainable use of wildlife is the use of wildlife that does not lead to the depletion of the biological diversity of the animal world in the long term and which preserves the ability of the animal world to reproduce and sustainably exist" . Thus, the rational use of the animal world has economic and environmental aspects. The economic aspect is manifested in the satisfaction of the material needs of man in the animal world. The ecological aspect is to maintain the optimal number of different species of wild animals.
Along with the rational use and conservation, an important element in the protection of wildlife is its restoration. Restoration of wildlife includes a set of measures aimed at maintaining the optimal number of wildlife objects (decrease or increase in their number) and their habitat in cases where its area decreases.
The number of animals is restored through natural reproduction. In cases where there is a decrease or destruction of habitats of wild animals,
animals, such restoration measures are used as the relocation of wildlife to new habitats, reproduction in an artificially created habitat.
Acclimatization of objects of the animal world, new for the fauna of the Russian Federation, as well as measures for the hybridization of objects of the animal world, should be attributed to the improvement of the animal world. "Science-based acclimatization of animals is a useful activity and is widely used as a means of enriching the animal world". However, if hybridization, relocation, acclimatization is carried out without scientific justification, such actions can upset the biological balance among the species of a certain ecosystem and cause harm. Therefore, acclimatization of wildlife objects, their resettlement to new habitats, as well as measures for the hybridization of wildlife objects are allowed only with the permission of the specially authorized state bodies of the Russian Federation for the protection, control and regulation of the use of wildlife objects and habitats, if there is a conclusion of competent scientific organizations, taking into account the requirements of environmental safety.
In our opinion, the protection of wildlife is the activity of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public associations and non-profit organizations, legal entities and individuals, aimed at the conservation, restoration, rational use and improvement of the animal world , its habitats and natural ecological systems through technical and legal measures. The technical aspect of wildlife protection is the material and technical activity of civil servants, members of public organizations, citizens, aimed at studying and implementing the protection of wildlife objects. The legal aspect of wildlife protection is expressed in the activities of the competent state bodies for the preparation, adoption
and publication of normative legal acts in the field of wildlife protection.
One of the most important areas for improving wildlife protection is the creation of effective and efficient incentives. Stimulation of activities for the protection of wildlife should serve as the organizational mechanism that would allow to combine the interests of further development of relations for the use of wildlife and relations for its protection. The incentive system for this activity involves increasing the interest of legal entities, individual entrepreneurs, citizens in the implementation of measures to protect wildlife. In accordance with the Federal Law "On the Fauna", the promotion of the protection, reproduction and sustainable use of wildlife objects includes: the establishment of tax and other benefits provided to legal entities and citizens that ensure the protection, reproduction and sustainable use of wildlife objects, as well as the protection and improving the state of their habitat; provision of preferential loans to legal entities for the performance of work on the protection and reproduction of wildlife objects; bonuses to officials and citizens involved in the protection of wildlife for revealed violations of the legislation of the Russian Federation on the protection and use of wildlife. The operation of the economic incentive system is provided by special legislation of the Russian Federation. This should include, first of all, tax, banking, budget legislation.
According to Art. 473 of the Tax Code of the Russian Federation, certain categories of taxpayers are exempt from paying a fee for the right to use wildlife and aquatic biological resources. Thus, tax incentives in the form of exemption from paying fees for the right to use wildlife and aquatic biological resources are provided only to citizens and legal entities whose activities are directly related to the use of wildlife.
However, for legal entities and citizens whose activities are not directly related to the use of animal objects, but have an impact on them, tax benefits are not provided for by law. The activity of industrial enterprises, agricultural organizations causes great harm to the animal world, their habitat, as well as natural ecological systems. “According to its intrinsic nature, the commodity producer is not interested in protecting nature, because economically and technically he can produce more products at lower costs if he does not spend money on environmental protection. Therefore, the task of introducing benefits for environmental taxes is to stimulate the enterprise to change the technological process in favor of the environmental friendliness of production. Increasing the environmental friendliness of production can be achieved, firstly, through the acquisition of treatment facilities. For the enterprise, both fees and the purchase of treatment facilities lead to an increase in costs. Tax incentives in this case compensate for the additional costs associated with financing measures to reduce emissions. Second, for a manufacturing process in which a harmful substance is a necessary by-product, tax incentives can provide an incentive to replace the production of a “non-green” product with a more environmentally friendly one. Noting the importance of economic incentives for the protection of wildlife, we consider it necessary to develop a mechanism for providing tax benefits to legal entities and citizens whose activities are not related to the use of animal objects.
Among the measures of economic incentives, the Federal Law "On the Wildlife" includes the provision of soft loans to legal entities. However, there is no mechanism for implementing this provision in the banking legislation. Providing legal entities with preferential loans for the performance of work on the protection and reproduction of wildlife objects involves the provision of funds on certain conditions, at reduced interest rates. In credit institutions, commercial
There are no programs for the provision of soft loans for the performance of works on the protection and reproduction of wildlife objects in the banks. It should be assumed that in connection with the economic crisis, which directly affected the banking system, one should not expect the development and implementation of a provision on the provision of preferential loans to legal entities in the near future. Thus, the provisions of Art. 54 of the Federal Law "On the Wildlife" are declarative, refer to special legislation that does not provide for a legal mechanism for the implementation of the provision of economic incentives
Consequently, at present there is no complete system of measures to stimulate activities for the protection of wildlife, and individual measures, for example, encouraging employees, without combination with a set of others, do not give a positive result. In our opinion, given the relevance and importance of the use of economic incentives for the protection of wildlife, it is advisable to develop a mechanism for the implementation of forms of incentives enshrined in legislation. It is also advisable to use the rich practical experience of foreign countries in the application of economic incentives. “Taking into account the experience of foreign countries, we can propose the following ways to create an integrated system for stimulating environmental activities. It is necessary to develop a scientific concept for a phased reduction in the level of adverse environmental manifestations (emissions, pollution, etc.), including the entire set of adverse environmental factors, taking into account the characteristics of
neck of the country, as well as its individual regions.
1. Stainoye P. Legal issues of nature protection / ed. Dr. jurid. Sciences O. S. Kolba-owl. - M. : Progress, 1974. - S. 25.
2. Laptev I. P. Scientific foundations of environmental protection. - Tomsk, 1970. - S. 63.
3. Fifth national report "Conservation of biodiversity in the Russian Federation". -M. : Min. resources and ecology of the Russian Federation, 2015. - P. 30.
4. National Strategy for the Conservation of Biological Diversity in Russia. Moscow, 2002. - P. 23. - URL: http://www.caresd.net/pdf (date of access: 05.05.2017).
5. On the Fauna: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.
6. Kolbasov O. S. Nature protection // Soviet state and law. - 1972. - No. 2. - S. 16.
7. Konstantinidi S. S. Protection of the animal world: (Legal issues). - Alma-Ata: Kai-nar, 1975. - S. 65.
8. On the animal world: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.
9. Kolbasov O. S. Nature protection according to Soviet legislation. - M.: Publishing house of legal literature, 1961. - S. 49.
10. About the animal world: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.
11. Part two of the Tax Code of the Russian Federation dated August 5, 2000 No. 117-FZ // SZ RF. - 2000. - No. 32. - Art. 3340.
12. Kireenko A. P., Baturina O. V., Golovan S. A. The use of tax benefits in regulating the state of the environment: foreign experience and prospects in Russia. Izvestiya Irkutsk State Economic Academy. - 2014. - No. 1. - S. 25-33.
13. Rostovshchikova E. A. Nature protection activities in the Russian Federation: incentives for development // Young scientist. - 2014. - No. 21. -S. 77-79.