Legal protection of wildlife habitat. Legal regime for the use and protection of wildlife

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

Introduction
The legal protection of wildlife is one of the most developed areas of environmental protection, which is a set (system) of national and international, national and regional, organizational, economic, legal, environmental, educational measures to preserve the population and species composition and maintenance of the number of wild animals at an optimal level for their existence, as well as the preservation of their habitat.
The protection of the animal world is an integral part of the conservation of biological diversity. At present, the need to protect not individual objects, be it species of animals or plants, but a comprehensive, holistic protection of ecosystems, including the animals themselves, their habitats, and other objects, has been substantiated.
At present, the traditional approach to the protection of the animal world, sometimes called faunistic, is being replaced by a broader approach that reflects the modern tasks of legal regulation and its new objects, as well as new means (instruments) of legal influence.
Legal measures for the protection of wildlife consist of: development, adoption and application of legislative acts regulating the protection and use of wildlife; in setting limits on the use of the animal world, as well as standards and norms for the protection and use of the animal world and habitat, in creating a legal framework for the protection of certain categories of animals and their habitat, as well as for regulating the protection of special territories; in establishing a system of measures of legal liability for violation of legislation on the protection of wildlife and its habitat; carrying out law enforcement and law enforcement activities in the field of protection and use of wildlife; legal education and prevention of violations.
1. Objects and subjects of protection and use of wildlife
Russia, due to its vast territory (17 million sq. km) and relatively weak disturbance of natural ecosystems, natural and geographical conditions, has a significant reserve of biodiversity.
The fauna of vertebrates includes 1513 species, of which 320 are mammals, 732 are birds, 80 are reptiles, 29 are amphibians, 343 are freshwater fish, 9 are cyclostomes, and up to 1500 species of marine fish are found in the seas of the Russian Federation. In addition, the fauna of invertebrates includes 130-150 thousand species, of which insects make up 97%. At the same time, almost 60 species of mammals and 70 species of birds are objects of permanent hunting and amateur hunting.
The livestock of reindeer, maral and red deer, sable and beaver is in good condition. In general, the trend that developed in the first half of the 90s and was characterized by a rapid decline in the number of many valuable species of game animals has stabilized in recent years, but the problems of biodiversity conservation, prevention of negative changes in the habitat of animals, protection of rare and endangered species continue to be sharp.
It is rather difficult to give a list of both, if only for the reason that the range of objects and subjects in this case is very wide. So, the object is: the animal world as a whole, hunting animals, animals listed in the Red Book of the Russian Federation or in the International Red Book (CITES / CITEC), Red Books of the constituent entities of the Russian Federation or subject to specially concluded agreements, used by humans as pollinators of plants withdrawn from the environment and not withdrawn from it, habitats and habitats of animals, animals, birds, insects, fish - marine and freshwater, marine mammals inhabiting forests and steppes, the continental shelf, located on the territory of the country permanent or migratory species, etc.
In other words, grouped according to different criteria, animal species in the aggregate represent one of the most important components of the environment for humans, and by no means because of their material value. In addition to wild animals in a state of natural freedom, temporarily or permanently inhabiting the territory of the Russian Federation, Russian legislation protects animals kept in captivity or in semi-free conditions, establishes rules for the maintenance of biological, including zoological, collections.
In recent years, both here and abroad, questions have been raised about the need for legal regulation of the status of domestic and farm animals. In the Republic of Bashkortostan, the law on domestic animals has already been adopted (1997) and contains a number of very interesting and humane norms. In Germany, acts have been adopted on the free grazing of not only livestock, but also poultry, which means, to some extent, their return to natural living conditions and the departure from the concept of keeping farm animals in stalls and cages without movement, feeding them only processed human food.
Such a variety of legal statuses, in general, predetermines the range of subjects for the protection and use of wildlife objects. Everyone can be attributed to them, that is, any person. Of course, special rights and obligations are vested in, for example, hunters, professional fishermen, persons engaged in amateur or sport fishing, containing zoological collections, working in zoos, circuses, etc. Moreover, any zoo visitor - also a user of the animal world, like every city dweller who met a squirrel on a walk in the park. Not without reason, in the preamble of the Federal Law "On the Animal World", the satisfaction of the spiritual needs of people is placed before obtaining material benefits from the use of animals.

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

3. Ownership of wildlife and the right to use wildlife

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

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

Conclusion

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

List of sources used

1. Legislation and official documents

1. Code of the Russian Federation on Administrative Offenses (CAO RF) dated December 30, 2001 No. 195-FZ (as amended and supplemented)
// Consultant Plus.
2. Criminal Code of the Russian Federation. Federal Law No. 63-FZ of June 13, 1996 (with subsequent amendments and additions)
// Consultant Plus.
3. Federal Law "On Environmental Protection" dated January 10, 2002
4. Federal Law "On the Animal World" of April 24, 1995
5. Federal Law "On the territories of traditional nature management of the small peoples of the North, Siberia and the Far East" dated May 7, 2001

2. General and special literature

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

The necessary conditions for the implementation of activities for the protection of wildlife will be the development and implementation of federal and territorial state programs for the protection of wildlife and its habitat; maintaining state records, state cadastre and environmental monitoring of wildlife objects.

It is worth saying that wildlife users are required to annually keep records of the wildlife objects they use and the volumes of their withdrawal and submit these data to the competent state bodies that keep records and cadastre of wildlife objects. State monitoring of wildlife objects is necessary for timely detection of changes in the state of wildlife, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use of wildlife *.

* 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 will be the state ecological expertise, which precedes the adoption of economic decisions that can affect the wildlife 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 withdrawal of objects of the animal world and the work on acclimatization and hybridization of these objects. It is worth noting that 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.

To ensure that all legal entities and citizens comply with the requirements of the legislation of the Russian Federation on wildlife, state control is carried out by bodies of general and special competence (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 them 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 illegally obtained products, weapons and other tools for obtaining wildlife objects from violators, incl. vehicles, as well as supporting 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 ϲᴏᴏᴛʙᴇᴛϲᴛʙii 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 bodies of the Ministry of Agriculture and Food of the Russian Federation, the State Committee 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, wildlife protection measures 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 the rational use of the animal world. It is important to understand that it is carried out primarily through regulation in the field of protection and use of the animal world, which consists in setting limits (volumes, quotas) for the use of animals, as well as standards, norms and rules for their rational use and protection.

Of particular importance is the establishment of prohibitions and restrictions on the use of objects of the animal world. It is worth saying that for 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 placing, designing, building settlements, enterprises, structures and other facilities, improving existing and introducing new technological processes, introducing virgin lands into economic circulation, land reclamation, forest use, geological exploration, mining, determining livestock grazing areas, tourist routes and the organization of places of mass recreation, etc. measures should be envisaged and carried out 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 and places of their constant concentration, incl. during the breeding and wintering season (Article 22 of the Law on the Fauna)

In order to protect the habitats of rare or scientifically or economically valuable animals, protective areas of territories and water areas that are of local importance, but necessary for their life cycle, are allocated. 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 fullest and most 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 restricted, as well as any activity that is incompatible with the goals of animal protection.

4. It is worth saying that in order to preserve rare and endangered species of animals, the reproduction of which is impossible in 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 (art. 26 of the Law on Fauna) When ϶ᴛᴏm, persons (both legal and natural), who are engaged in keeping and breeding 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 prevent the death of animals in the course of production processes. These requirements are specified in the Decree of the Government of the Russian Federation of August 13, 1996 No. 997, which approved the “Requirements for preventing the death of wildlife objects during production processes, as well as during 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 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. It is worth noting that 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 ϲᴏᴏᴛʙᴇᴛϲᴛʙii 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 acquisition of animals for zoological collections (Article 29 of the Law on Fauna) - fund 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 Wildlife also defines other issues related to the protection of wildlife - acclimatization, resettlement and hybridization of animals (Art. 25), regulation of the number of animals in order to protect human health and life, prevent damage to the national economy and the natural environment (Art. 27), etc.

Animal world - the totality of living organisms of all kinds 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 of the Russian Federation.

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

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

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

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

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

Legislatively established two regimes for the protection of animals.

The general regime of protection is established by the Law on Fauna.

According to the criterion of the possibility of being an object of hunting and fishing, this law defines two categories of objects of the animal world with a general regime of legal protection:

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

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

At the same time, the rules apply to all specified categories of objects of the animal world. Among them - the establishment of a system of restrictions and control over the removal of objects of the animal world from their habitat (for example, for acclimatization or hybridization), requirements for users of natural resources in the course of their economic activities (the obligatory use of technologies for conducting agricultural or other work that does not destroy animal objects). world), as well as the creation of specially protected natural areas.

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

The assignment of objects of the animal world to the category of rare and endangered plants, animals and other organisms means that their number and range have sharply decreased and continue to decline as a result of direct extermination, destruction of habitats or for other reasons. These biological species cannot survive without active human intervention.

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

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

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

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

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

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

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

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

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

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

The problem under consideration has another important aspect arising from the provisions of international treaties regulating the import, export and transit of rare and endangered plants and animals. Among these international documents, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (Washington, March 3, 1973), as well as Lists of species of mammals, birds, reptiles, amphibians, fish, invertebrates and plants, export, re-export and import of which, as well as their parts or derivatives, developed in accordance with this Convention.

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

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

Import into the territory of the Russian Federation or foreign states of species of animals and plants falling under the Convention, their parts or derivatives, taken on the high seas by ships flying the flag of the Russian Federation, is allowed if there is a permit (certificate) of the Administrative body under the Convention in the Russian Federation. This body also decides on the legal fate of confiscated and turned into the property of the state wild animals and plants, their parts or products made from them - derivatives that fall under the scope of the Convention.

The administrative authorities for the obligations arising from this Convention in the Russian Federation are the Federal Service for Supervision of Natural Resources, which is under the jurisdiction of the Ministry of Natural Resources of Russia (in relation to species of wild fauna and flora that are endangered, except for sturgeon species), as well as the Federal Agency for Fishery (in relation to sturgeon species of fish) .

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

• Cm.: Malaya T.N. Ownership of the animal world: author. dis. ... cand. legal Sciences. M., 1996. S. 11–13.

Legal protection of wildlife(faunistic law) in a broad sense is a system of legal norms regulating the protection and use of the animal world and its habitat, social relations arising in the process of interaction between a person and society with such a component of the environment as the living world; a set of environmentally significant legal actions and inaction of people (legal environmentally significant behavior) in the field of protection and use of wildlife and its habitat; a system of state bodies exercising law-making, managerial, control and supervisory and other functions, as well as the implementation of legal liability measures for violation of legislation on wildlife; legal ideology, legal views, feelings and emotions as elements of the legal consciousness of society, individual social groups and citizens in relation to the animal world.

In a narrow sense, it is a set of legal norms and legal relations arising in connection with the protection and use of the animal world.

Legal measures for the protection of wildlife include:

– development, adoption and application of legislative and other regulatory legal acts regulating the protection and use of wildlife;

- setting limits on the use of wildlife, as well as standards and regulations for the protection and use of wildlife and habitats;

- creation of a legal framework for the protection of certain categories of animals and their habitat, for regulating the protection of special territories;

– establishment of a system of measures of legal liability for violation of legislation on the protection of wildlife and its habitat;

– carrying out law enforcement and law enforcement activities in the field of protection and use of wildlife and its habitat;

– legal education and prevention of violations.

An important point in the federal law is economic regulation protection and use of wildlife objects. It provides for the establishment and regulation of economic relations in the field of protection and use of objects of the animal world, including between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, as well as between users of the animal world and users of other types of natural resources.

Economic regulation of the protection and use of wildlife includes: accounting and economic evaluation of wildlife objects; an economically justified system of payments for the use of wildlife; budget financing of measures for the protection and reproduction of wildlife objects; an economically justified system of fines and claims for damages for violation of the legislation of the Russian Federation on wildlife; purposeful use of funds received from the confiscation of tools for illegally obtaining wildlife, vehicles and products.

In order to protect the wildlife, a stricter regime for the use of animals in specially protected areas is established. The use of wildlife is prohibited here and stricter liability is established.

For the protection of rare and endangered plants and animals, the Red Book of the Russian Federation, the Red Books of the constituent entities of the Russian Federation are established.

Introduction

The concept of "animal world" as an object of legal protection

Measures for the protection of wildlife

Measures for the protection of wildlife associated with 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. No. 52-FZ "On the animal world".

The animal world is an important part of the biosphere of our planet and is of great importance in the development and life of nature and man. First of all, animals are an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances in nature, actively influencing the functioning of natural communities, structures and natural soil fertility, the formation of vegetation cover, the biological properties of water and the quality of the environment as a whole. Humanity has long been using objects of the animal world with or without their removal from the environment as a source of food, industrial and medicinal raw materials, and other values ​​necessary to meet material and spiritual needs. Animals serve as the object of scientific research, including medical research. In addition, the aesthetic value 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, its diversity is influenced by various natural factors and phenomena, but human activity has a huge impact on the animal world, not only directly using the objects of the animal world and leading to the extermination or resettlement of animals, but also affecting 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, whether it be industry or transport, agriculture or forestry, the economy, 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 state, including biological diversity.

The multilateral impact of man on animals makes the problem of wildlife protection one of the most urgent 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 wildlife objects.

Legal regulation of the protection of wildlife objects is carried out by establishing the types and methods, restrictions and prohibitions on the use of wildlife. The possibility of preserving wildlife objects and their habitat largely depends on the conditions for the implementation of a variety of human economic activities, therefore, each type of use should provide for a certain set of measures that contribute to the protection of wildlife.

The number of normative legal acts relating to the use and protection of wildlife is steadily increasing, however, legislation in this area is in its infancy and needs to be further developed and improved. Moreover, it is necessary to create various mechanisms for the successful application of existing norms, since the effectiveness of their implementation continues to be low.

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

The concept of "animal world" as an object of legal protection

In accordance with Article 1 of the Federal Law "On the Wildlife", the wildlife is understood as the totality of living organisms of all species of wild animals permanently or temporarily inhabiting the territory of the Russian Federation and in a state of natural freedom, as well as 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.

On the basis of these norms, it is possible to single out general features that characterize the concept of "animal world" as an object of environmental and legal protection. First, animals are of 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, untamed, non-domesticated animals. These include mammals, birds, reptiles, amphibians, fish, molluscs, insects and other animals that live on land, in water, atmosphere, soil. On the territory of the Russian Federation there are 320 species of mammals, 789 species of birds, 75 species of reptiles, about 30 species of amphibians, 343 species of fresh water fish, 9 species of cyclostomes and about 1,500 species of marine fish. The composition of the fauna does not include objects of the animal world removed from the habitat in the prescribed manner, that is, objects that may be in private, state, municipal and other forms of ownership. The objects of the animal world are not agricultural, any domestic animals, reptiles, birds, fish, amphibians and other animals that have lost their ecological connection with nature, as well as wild animals kept in captivity.

The Federal Law "On the Fauna" states that the maintenance and breeding of objects of the animal world in semi-free conditions and artificially created habitats are allowed only with permits. Legal entities and citizens engaged in the maintenance and breeding of objects of the animal world are obliged to treat them humanely, to 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 the spatial and territorial boundaries.

The animal world performs the ecological functions of ensuring the biological regime of human life and is of great economic importance. A feature of the animal world is its renewability. However, in the event of extermination, violation of the conditions for their existence, 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 for the protection of wildlife

In accordance with paragraphs "c" and "e" of Part 1 of Article 72 of the Constitution of the Russian Federation, the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation are "issues of ownership, use and disposal of land, subsoil, water and other natural resources"; “nature use; 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. No. 7-FZ "On Environmental Protection", which is of priority importance in the development of Russian environmental legislation, also 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 the animal world and its habitat is based on the Constitution of the Russian Federation, the specified federal law and consists of the Federal Law "On the Animal World", laws adopted in accordance with it and other regulatory legal acts of the Russian Federation, as well as laws and other normative legal acts of the subjects 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 accounting, 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 wildlife protection, state programs for the protection of wildlife objects, state environmental expertise.

Decree of the Government of November 10, 2008 No. No. 843, in accordance with Article 16 of the Federal Law "On the Fauna", the Regulations on State Control in the Field of Protection, Reproduction and Use of Fauna and Their Habitats were approved. This Regulation does not apply to relations on state control in the field of fisheries and conservation of aquatic biological resources. The task of state control is to ensure that all individuals and legal entities comply 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 carried out by the Federal Service for Supervision of Natural Resources Management and authorized executive bodies of the constituent entities of the Russian Federation. It seems to me that this instrument of legal protection of the animal world is the main one, because 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 the Fauna", 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 objects of the animal world are obliged to keep records of the objects they use, the volumes of their withdrawal and annually submit the data obtained to the federal executive authorities responsible for organizing and maintaining records of the corresponding objects of the animal world.

The state cadastre of wildlife objects contains a set of information on the geographical distribution of wildlife objects, their abundance, as well as a description of the habitat, information on their economic use and other necessary data.

State monitoring - a system of regular observations of the distribution, abundance, physical condition of wildlife, structure, quality and area of ​​their habitat. State monitoring of wildlife 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 wildlife objects and their scientifically based use.

Maintaining state records, cadastre and monitoring of wildlife objects is important in order to have an idea about the change and development of the wildlife for more accurate planning of measures for the protection of wildlife and quick response in case of a threat of a decrease in the number or extinction of certain species of animals.

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

Measures for the protection of individual species of the animal world should not cause damage to other objects of the animal world and the natural environment. In order to implement the requirements of the legislation, special state programs are being developed and implemented that provide for specific measures aimed at protecting wildlife and their habitats. Such programs are created at the federal level and at the level of subjects.

A mandatory measure for the protection of wildlife is the state ecological expertise, carried out in accordance with the Federal Law of November 23, 1995 No. 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 plant growth biostimulants, as well as materials substantiating the volumes (limits, quotas) of removal of wildlife objects and work on acclimatization and hybridization of these objects are subject to mandatory state environmental expertise.

Ecological expertise is of fundamental importance in connection with the presumption of potential environmental hazard of any planned economic and other activities. Conducting an environmental review is necessary in order to prevent the negative impact of such activities on wildlife objects.

The main measures for the protection of wildlife, legislatively enshrined at the federal level, may be specified in the legislation of the subjects of the federation, and also differ depending on the type of use of wildlife.

Measures for the protection of wildlife associated with 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 the 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 the Wildlife”. Despite the fact that the blanket rule 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 considered 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 shortcoming of the bill was its declarative nature, isolation from life.

Currently, at the federal level, the legal basis for the regulation of hunting is the Regulations on hunting and game management, approved by the Decree of the Government of the Russian Federation. In some constituent entities of the Russian Federation, special laws have been adopted. In its ruling dated June 20, 2003. The Supreme Court of the Russian Federation pointed out that the normative legal acts of the Government of the Russian Federation adopted earlier and those in force today are binding on the entire territory of 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 regulatory legal acts.

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 reviewed by the Supreme Court, government regulations were adopted long before the modern Law on Animals, and in connection with this, the question arises of 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 needs of the state in hunting products is the main task of the hunting economy, to achieve which hunting grounds are arranged, protection, reproduction and rational use of wild fauna reserves.

Hunting grounds are recognized as all land, forest and water-covered areas that serve as a habitat for wild animals and birds and can be used for hunting. Hunting grounds can be assigned to legal entities-users of the animal world or be in common use. Reserves, sanctuaries and green areas are hunting grounds closed for hunting.

The organizations that are assigned hunting grounds are entrusted with 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 capture and resettle wild animals and birds according to a single plan approved by the territorial body of the Main Directorate of Hunting under the Ministry of Agriculture of the Russian Federation.

Hunting is stalking for the purpose of prey, pursuit and the very prey of wild animals and birds. Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with hunting products obtained is equated 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 for hunting, handling hunting firearms and paid the state fee in the prescribed amount.

The right to hunt is issued in a permissive manner by long-term or nominal one-time licenses. Citizens who have a hunting license are issued nominal one-time licenses. The hunting license contains marks on the passing of tests on the rules of hunting, safety precautions for hunting and handling of hunting firearms. Users of objects of the animal world who receive a license pay fees for the use of objects of the animal world. A state fee shall be paid for consideration of applications for granting long-term licenses for the use of objects of the animal world and for granting said licenses.

Legal requirements for the implementation of hunting activities are determined by indicating the rules, deadlines, a list of tools allowed for use and methods of obtaining wildlife objects classified as hunting objects. These hunting conditions were approved by the 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 objects of the animal world classified as objects of hunting based on the status, abundance, traditions in use, types and quality of the products obtained was approved by Government Decree No. 1289 of December 26, 1995.

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

Persons with the right to hunt may be involved by state bodies in carrying out activities related to the regulation of the number of animals. The 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 number, corresponding to the potential and real possibilities of the natural food ration, so that the existing number of this species does not harm the natural environment, other animals, human health and 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

Fishing is the other most widespread use of wildlife. Relations in the field of fishing and the conservation of aquatic biological resources are regulated on the basis of the Federal Law "On the Fauna" Federal Law of December 20, 2004 No. No. 166-FZ "On fishing and conservation of aquatic biological resources".

Fishing - activities for the extraction (catch) of aquatic biological resources. The Federal Law provides for a closed list of types of fishing. Industrial (fishing) is distinguished, including coastal fishing, amateur and sports. Fishing is also carried out for research and control, educational, cultural and educational purposes, in order to ensure the maintenance of a traditional way of life and the implementation of traditional economic activities of the 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 object of fishing are fish, aquatic invertebrates, aquatic mammals, other aquatic animals and plants in a state of natural freedom. The list of species of aquatic biological resources that are objects of fishing has been developed and approved by the Federal Agency for Fisheries in agreement with the Ministry of Natural Resources and Ecology of the Russian Federation.

The right to withdraw aquatic biological resources from their habitat in the implementation of 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 of processing of aquatic biological resources, including caviar, as well as the parameters and terms of permitted fishing;

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

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

In accordance with Article 43.1 of the Federal Law "On Fishing and the Conservation of Aquatic Biological Resources" by Order of the Federal Fisheries Agency of October 27, 2008. No. 272 ​​approved the fishing rules for the Far Eastern fishery basin. Fishing rules for the Northern fishery region, approved by order of the Federal Agency for Fishery of January 16, 2009 No. 13, provide for a complete ban on the extraction of white seal (a baby harp seal under the age of 1 month) and the harp seal itself in the entire water area of ​​the White Sea, as well as a ban on the extraction of all mammals for industrial purposes. In the Russian Federation, it is forbidden to harvest khokhlushka (shedding baby seal) and serka (calf under the age of one year). 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 significantly declining. Now it is about 200 thousand heads, while in the late 90s it was over 300 thousand. One of the main reasons is hunting. Every year in Russia it was allowed to harvest 35,000 seal pups. Today, their number is about 120 thousand heads - about 1/3 of the number characteristic of a stable population of the late 1990s.

The Federal Law provides for various measures for the protection of aquatic biological resources. One of such activities is the state monitoring of aquatic biological resources, which is a system of regular observations of the distribution, abundance, quality, reproduction of aquatic biological resources, as well as their habitat and fishery and conservation of aquatic biological resources. Decree of the Government of the Russian Federation of December 24, 2008 No. 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 obligated to conduct, at their own expense, fishery reclamation of water bodies that they use to catch aquatic biological resources or are important for the reproduction of these aquatic biological resources. The Federal Law establishes several areas of fishery melioration of water bodies, including measures to improve the indicators of 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 Agency for Fisheries for the implementation of 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 from them caviar, milk (sperm) and the formation of replacement and broodstock;

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

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

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

In order to preserve aquatic biological resources, the water quality of water bodies is regulated. The water quality standards for fishery water bodies, including the maximum permissible concentrations of harmful substances in the waters of fishery water bodies, are developed and approved by the Federal Agency for Fisheries 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 allowable 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. Discharge into water bodies of fishery significance and fish protection zones of harmful substances, the maximum permissible concentrations of which in the waters of water bodies of fishery significance are not established, is prohibited. The conservation of aquatic biological resources should be ensured by limiting the volume of irretrievable withdrawal of surface waters, ensuring an optimal water level and water discharges for fisheries purposes.

Unlike fish protection zones, a stricter regime is established in fish protection zones: economic and other activities are prohibited here. A fishery protected area is a water object of fishery significance or a part thereof with the territory adjacent to them, on which a special regime of economic and other activities is established in order to preserve valuable species of aquatic biological resources and create conditions for the development of fish farming (with the exception of industrial fish farming) and fishing. Fishery protected areas may 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. On the territories of state nature reserves, national parks and state nature reserves of federal significance, fishery protected areas are not established.

In territorial planning, urban zoning, territory planning, architectural and construction design, construction, reconstruction, overhaul of capital construction facilities, introduction of new technological processes and other activities, measures should be taken to preserve aquatic biological resources and their habitat. Decree of the Government of the Russian Federation of 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.

For the purpose of providing information on the state, targeted use and conservation of aquatic biological resources, the Federal Agency for Fisheries maintains a state fishery register. The rules for its maintenance were approved by the Decree of the Government of the Russian Federation of 12.08.2008 No. No. 601.

Other uses of wildlife

The Federal Law "On the Animal World" provides for some other types of use of the animal world. They differ from hunting and fishing both in terms of purposes and objects, and in terms of restrictions, prohibitions and other requirements established by law. Without removal of objects of the animal world from the habitat, the use of the animal world for scientific, cultural, educational, educational, recreational and aesthetic purposes is allowed through various forms of observation, marking, photographing and other research methods. This does not require special permission, and use is free of charge, however, research methods should not harm the animal world or its habitat. It is also allowed to use useful properties and obtain waste products of wildlife objects (respectively, soil formers, natural orderlies of the environment, pollinators of plants; honey, wax of wild bees and others) without removing wildlife objects from the habitat and destroying them.

The animal world lends itself to the transformational activity of man. One of the areas of state regulation in the field of genetic engineering is the conservation of biological diversity, protection and restoration of the environment, including wildlife. Genetically modified organisms obtained in the course of such activities are different from natural organisms, but are capable of reproducing and transferring genetic material. Such organisms are released into the environment. At the same time, biological and physical protection is carried out. These concepts are disclosed in the Federal Law "On the Legal Regulation of Genetic Engineering Activities".

Conclusion

animal world protection fishing

The animal world 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, protected in every possible way and rationally used to meet the spiritual and material needs of the citizens of the Russian Federation.

In the past, when human influence on the abundance and diversity of animals was insignificant, animal protection could be carried out on the basis of intuitive knowledge, by simply prohibiting or restricting hunting. The calculation on the internal hidden forces of nature was justified when, after a decrease in the fishing load, the number of the species was restored. However, over time, these measures became insufficient. A decrease in the number of animal species to a certain level subsequently led to the automatic extinction of the species, despite the efforts of people to preserve it. So there was a need to consolidate measures for the protection of wildlife.

The 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 that regulate the protection and use of wildlife. According to some authors, this system of legal norms constitutes a sub-branch of environmental law - "faunistic law".

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

The most important issue remains the adoption of a federal law regulating relations in the field of hunting. The drafts of such a law do not take into account the specifics of the existing social relations in the field of hunting and the actual procedure for the implementation of hunting activities, do not establish a clear and stable system, but only create the appearance of movement in the development of legislation. The legislation relating to such type of use of the animal world as fishing, in my opinion, has been developed in more detail.

In order to ensure the protection of wildlife, state registration is carried out, the state cadastre and state monitoring are carried out, 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 aimed at protecting the wildlife. A statistical report in the field of nature management and environmental protection for a certain period is contained in state reports on the state of the environment. The main type of accounting work is the winter accounting 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 review is provided. As part of this procedure, the possibility of adverse impacts 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 time limits. Rationing is carried out in the field of use and protection of the animal world. 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 the already fixed norms and carry out specific measures aimed at protecting the wildlife.

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

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

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