Legal protection of fauna and its habitat. Legal regime for the use and protection of wildlife The right to use wildlife and its species

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Federal Agency for Education

NOU VPO "Nizhny Novgorod Institute of Management and Business"

Faculty of Law

Department of Economic and Legal Disciplines

in the discipline "Environmental Law"

Legal protection of wildlife

Completed by: student

Zvonkova Maria Petrovna

Scientific adviser:

Dunaev Igor Ivanovich

Nizhny Novgorod - 2014

Introduction

1. Animal world as an object of legal relations

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

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

Conclusion

Bibliography

Introduction

The animal world, being integral part natural environment, acts as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, biological properties water and the quality of the natural environment in general. At the same time, the animal world has a large economic importance: as a source of receipt food products, industrial, technical, medicinal raw materials and others material assets and therefore acts as a natural resource for hunting, whaling, fishing and other types of fishing. Certain species of animals have great cultural, scientific, aesthetic, educational, and medicinal significance. Each animal species is an irreplaceable carrier of the genetic fund.

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

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

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

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

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

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

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

4. study the legal regulation of hunting and fishing;

5. analyze legal measures for the protection of wildlife.

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

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

legal animal legal legislative

1. Fauna as an object of legal relations

The legal concept of the animal world is defined in the Federal Law “On Animal World”. This is a collection of living organisms of all types of wild animals that permanently or temporarily inhabit the territory Russian Federation and those in a state of natural freedom, as well as those related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation. Thus, legally, animals are considered wild if they: are components environment; are in a state of natural freedom.

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

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

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

In accordance with the Constitution of the Russian Federation, issues of ownership, use and disposal of wildlife on the territory of the Russian Federation fall under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation.

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

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

Living in specially protected areas natural areas federal significance;

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

Subject to international treaties of the Russian Federation;

Classified as specially protected and economically valuable;

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

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

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

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

Preservation of species diversity of the animal world;

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

Preserving the integrity of natural animal communities;

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

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

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

Legal regulation of the use and protection of objects of the animal world is carried out by establishing the types and methods of using the animal world, establishing restrictions and prohibitions on the use of objects of the animal world, and protecting the habitat of objects of the animal world. In particular, the conservation of objects of the animal world can be achieved by changing the type of use of the animal world with the prohibition of the removal of objects of the animal world from the habitat and organizing the use of these objects without removal for cultural, educational, recreational and aesthetic purposes, including the organization of eco-tourism.

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

Fisheries, including harvesting of aquatic invertebrates and marine mammals;

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

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

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

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

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

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

Refusal to use;

Expiration of the established period of use;

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

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

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

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

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

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

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

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

The right to priority use of wildlife includes:

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

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

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

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

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

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

Conduct public environmental assessments;

Exercise public control;

Carry out measures to protect wildlife and their habitats;

Promote the implementation of relevant government programs.

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

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

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

The Ministry plays an important role in protecting wildlife and regulating its use. Agriculture and food of the Russian Federation, performing, along with other tasks and functions, the development and implementation of measures to protect the environment and natural resources in the agricultural, food and processing industries. In particular, it exercises public administration hunting farms, protection and control of game animals and hunting management.

The Ministry of Natural Resources of the Russian Federation plays a significant role in the protection and rational use of wildlife, one of whose tasks is to implement a unified scientific and technical policy in the field of water management, use, protection and restoration water resources, establishment of water protection zones and compliance with economic activities within these zones. Big role In the protection of wildlife and its rational use, the state committees of the Russian Federation on fisheries and environmental protection play a role, which are entrusted with the implementation of state policy in the field of protection and use of wildlife and the natural environment as a whole.

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

Ensuring sustainable existence and use of wildlife;

Supporting activities aimed at protecting wildlife and their habitats;

Using the animal world in ways that do not allow ill-treatment with animals, in accordance with general principles humanity;

The inadmissibility of combining activities for state control over the use of wildlife and the protection of it and its habitat with activities for the use of wildlife objects;

Engaging citizens and public associations to solving problems in the field of protection, reproduction and sustainable use of wildlife;

Separation of the right to use wildlife from the right to use land and other natural resources;

Payment for the use of wildlife;

A priority international law in the field of use and protection of wildlife and their habitat.

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

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

Violation of the procedure for the use of wildlife, as well as illegal import into the Russian Federation of animals or plants recognized as causing damage to objects of the wildlife listed in the Red Book;

Violation of the rules for transportation, storage and use of plant protection products and other drugs that cause damage to the animal world;

Destruction of rare and endangered objects of the animal world, commission of other actions that may lead to death, reduction in numbers or disruption of their habitat;

Violation of the rules of hunting and fishing, as well as the rules for other types of use of wildlife;

Violation of whaling regulations;

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

Violation of requirements to prevent the death of wildlife in the process of economic activity;

Violation of the regime for the protection of wildlife in state natural reserves and sanctuaries, protected areas of national parks and other specially protected natural areas and water areas;

Violation of the established procedure for granting licenses for the use of wildlife and permits for the removal of objects of wildlife from their habitat;

Concealment or distortion of information about the condition and number of objects of the animal world, which has important for the safety of the population and domestic animals, sustainable use of wildlife, their reproduction and the quality of their habitat.

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

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

Conclusion

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

Huge impact on ecological state reservoirs are provided by dams on rivers. They block the way for migratory fish to spawn, worsen the condition of spawning grounds, and sharply reduce the influx nutrients in river deltas and coastal parts of seas and lakes. To prevent negative influence dams on the ecosystems of aquatic complexes, a number of engineering and biotechnical measures are taken (fish passages and fish lifts are built to ensure the movement of fish to spawn). Most effective way reproduction of the fish stock consists in the construction of fish hatcheries and fish hatcheries.

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

List of used literature

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

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

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

4. Kuznetsova, N.V. Environmental Law: tutorial/ N.V. Kuznetsova. - M.: Jurisprudence, 2000. - 168 p.

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

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

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Ownership of wildlife

The fauna of the Russian Federation within its territory is state property. The Russian Federation has sovereign rights and exercises jurisdiction over animals on the continental shelf and in the exclusive economic zone.

This means that the animal world of the Russian Federation has been withdrawn from civil circulation, and transactions for the alienation of objects of the animal world (sale, pledge, etc.), which directly or latently violate the right of state ownership of the animal world, are invalid. The circulation of wild animals is allowed only in certain cases under special permits (administrative licenses) issued by the competent government authorities.

Fauna objects removed from natural environment habitats may be in private, municipal, state or other forms of ownership. Possession, use and disposal of such objects are regulated by civil law.

The rights of the owner in relation to the animal world are exercised jointly by the Russian Federation and its constituent entities.

In accordance with the Federal Law “On Fauna” and the Decree of the President of the Russian Federation “On Federal Natural Resources”, the following objects of fauna are considered federal property:

rare and endangered, as well as listed in the Red Book of the Russian Federation;
living in specially protected areas of federal significance (in nature reserves, national parks, etc.);
inhabiting the territorial sea, continental shelf and exclusive economic zone of the Russian Federation;
subject to international treaties;
classified as specially protected and economically valuable;
migrating across the territory of two or more constituent entities of the Russian Federation.

On behalf of the Russian Federation and its subjects, property rights are exercised by the relevant government bodies - general competence(Federal Assembly, President of the Russian Federation, Government of the Russian Federation, local administrations) and specially authorized bodies. The state, represented by its competent authorities, provides wildlife for the use of various entities.

Concept and types of right to use wildlife

A long-term license must contain information about the user, species, objects, terms, conditions for use of the animal world, boundaries of the territory, water area necessary for use.

The user must also conclude an agreement on the provision of use of the territory (water area) necessary for the use of wildlife with the executive authority of the corresponding territory (water area).

If there are several applicants, a competition may be held.

Wildlife is provided to citizens for short-term use on the basis of a personal one-time license. It is issued by a specially authorized state body for the protection, control and regulation of the use of wildlife at their request or by users of wildlife within the limits established by it.

A personalized one-time license gives the right to use animals for a single time, indicating their types and quantity, place and period of use.

The right to use wildlife is paid. The payment system includes:

payment for the use of wildlife;
fines for excess and irrational use of wildlife.

Payments for the use of wildlife go to the budgets of the Russian Federation and its constituent entities and are spent on purposes related to the protection, reproduction and sustainable use of wildlife and its habitat. Users of wildlife also pay a license fee (Article 53 of the Wildlife Law).

The use of wildlife can be free of charge if it does not require obtaining a license. The user exercises the authority to own and use objects of the animal world on the terms and within the limits established by law, license and agreement (for legal entities). He does not have the right to dispose of objects of the animal world, unless otherwise provided by the Law on Animal World (Article 33). The disposal is carried out on the basis of the so-called management license, which is a special permit that gives the right to persons identified in it to dispose of objects of the animal world in the prescribed manner.

The rights of ownership and use are manifested through the rights and obligations of the user of the animal world, which constitute the content of the right in question. Their specific list depends on the types and subjects of use.

Users of wildlife have the right (Article 40 of the Law on Wildlife):

use the objects of the animal world provided to them;
use without permission objects of the animal world acquired for resettlement on a designated territory in accordance with the established procedure, if these objects are kept in semi-free conditions;
ownership of the obtained objects of the animal world and the products obtained from them;
issue citizens with personalized one-time licenses for the use of fauna within the limits of established standards, quotas and limits;
enter into agreements with legal entities and citizens for their use of wildlife objects with the simultaneous issuance of personalized one-time licenses;
conduct subsidiary farming, including processing of products obtained in the process of carrying out permitted types of use of the animal world, and produce products from objects of the animal world, as well as sell the produced products and products;
on the territories provided for use to receive land for production and other purposes and erect on them permanent or temporary buildings, structures and roads necessary for carrying out activities related to the use of wildlife;
bring claims for damage caused to them by unlawful actions of legal entities and citizens, resulting in the death of animals, deterioration of their habitat, and violation of legal rights related to the use of wildlife;
have an impact on the habitat of wildlife, improving the condition of wildlife objects in agreement with the owners (users) of lands, forest resources and wildlife protection authorities.

Wildlife users are obliged to:

carry out only the types of wildlife use specified in the license;
comply with established rules, norms and terms for the use of wildlife;
use methods when using the animal world that do not violate the integrity of natural communities;
prevent destruction or deterioration of the habitat of wildlife;
carry out accounting and assessment of the condition of the objects of the animal world used, as well as assessment of the condition of their habitat;
carry out the necessary measures to ensure the reproduction of fauna;
provide assistance to government agencies in protecting wildlife;
ensure the protection and reproduction of fauna, including rare and endangered species;
use humane methods when using wildlife.

The grounds for termination of the right to use wildlife are the legal facts listed in Art. 47 of the Law on Animal World:

refusal to use;
violation of legislation on the protection of the natural environment and the conditions for the use of wildlife specified in the license for the use of wildlife;
the emergence of a need to remove wildlife objects from use for the purpose of their protection;
use of territory, water area for state needs, excluding the use of wildlife;
liquidation of an enterprise, organization, or institution that uses wildlife.

The right to use wildlife is terminated by canceling the license for the use of wildlife objects by the relevant authorities.

Legal protection of wildlife

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

Necessary conditions for carrying out activities to protect wildlife are the development and implementation of federal and territorial state programs for the protection of wildlife and its habitat; maintaining state records, state cadastre and environmental monitoring of wildlife objects.

Users of wildlife are required to annually record the wildlife objects they use and the volumes of their removal and submit this data to the competent government bodies that maintain 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 and rational use of wildlife. The organization and implementation of this activity is regulated by the Decree of the Government of the Russian Federation “On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects.” A mandatory measure for the protection of wildlife is the state environmental assessment, which precedes the adoption of economic decisions that can affect the wildlife and its habitat. Fertilizers, pesticides and biostimulants of plant growth, as well as materials that provide volumes (quotas, limits) for the removal of wildlife objects and work on the acclimatization and hybridization of these objects are subject to mandatory state examination. It is carried out by the state body for the protection of the natural environment with the participation of bodies for the protection of wildlife.

In order to ensure compliance by all legal entities and citizens with the requirements of the legislation of the Russian Federation on wildlife, state control is carried out by bodies of general and special competence, special place among which occupy specialized units- hunting inspections, fisheries protection, etc.

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

check from legal entities and citizens documents for the right to use wildlife, the right to be in a specially protected area (water area) and permission from internal affairs bodies to store and carry firearms;
detain violators of wildlife legislation, draw up reports on the offenses they have committed and deliver these violators to law enforcement agencies;
carry out an inspection of things and a personal search of detained persons, stopping and inspecting vehicles, checking weapons and other tools for obtaining objects of the animal world, products received from them;
confiscate from violators illegally obtained products, weapons and other tools for obtaining wildlife, including vehicles, as well as relevant documents;
store and carry official firearms and special means during the performance of official duties;
use physical force and special means in the prescribed manner: handcuffs, rubber truncheons, tear gas, devices for forcibly stopping vehicles, service dogs and firearms.

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

organization of rational use of wildlife, regulation of animal numbers and their reproduction;
preservation of animal species diversity (genetic fund of animal communities);
protection of animal habitats.

1. Regulation of the rational use of wildlife. It is carried out primarily through regulation in the field of protection and use of wildlife, which consists in establishing 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 wildlife. For the purpose of their conservation and reproduction, certain types of use or the use of individual objects of the animal world may be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on Animal World). The issue of implementing these measures was raised in connection with the consideration of the legal regulation of the use of wildlife.

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

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

In particular, during placement, design, construction settlements, enterprises, structures and other objects, improving existing and introducing new technological processes, introducing virgin lands into economic circulation, land reclamation, implementing forest use, conducting geological exploration, mining, determining grazing areas, tourist routes and organizing places of public recreation etc. measures must be envisaged and carried out to preserve the habitat and migration routes of animals.

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

In order to protect the habitats of rare or scientifically or economically valuable animals, protective areas of territories and water areas are allocated that are of local importance, but necessary for the implementation of their life cycle. They are prohibited individual species economic activities or regulate the timing and procedure for their implementation.

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

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

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

5. The Law “On Animal World” provides for special measures to prevent the death of animals during the implementation of production processes. These requirements are specified in the Decree of the Government of the Russian Federation, which approved “Requirements for preventing the death of wildlife during production processes, as well as during the operation of transport highways, pipelines, communication and power lines.” These requirements apply to agricultural, forestry and timber industry activities, operation of transport highways and facilities, transmission and communication lines, industrial and water management processes, irrigation and reclamation works and facilities, etc.

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

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

6. In the interests of protecting the animal world 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. They contain information about the status of rare, endangered and threatened species of animals and plants, necessary measures on their conservation (Article 24 of the Law on Wildlife).

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

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

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

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

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

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

Violations of the provisions of the legislation establishing requirements for the protection and rational use of wildlife may result in legal liability - administrative, criminal, civil (material) and other.

The task of protecting and wisely using the animal world is implemented through a whole range of special measures to preserve the animal world, an important place among which is occupied by its legal regulation.

The subject of this regulation is public relations in the field of protection and rational use of wildlife, as well as related relations in the field of conservation and restoration of its habitat in order to ensure biological diversity, sustainable existence and use of wildlife, conservation of the genetic fund of wild animals as an integral element natural environment.

Necessary conditions for carrying out activities to protect 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 users of wildlife are obliged to annually record the wildlife objects they use and the volumes of their removal and submit these data to the competent government bodies that maintain records and cadastre of wildlife objects. State monitoring of fauna objects is necessary for the timely detection of changes in the state of the fauna, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity and rational use of the fauna*.

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

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

A mandatory measure for the protection of wildlife will be a state environmental assessment, which precedes the adoption of economic decisions that could affect the wildlife and its habitat. Fertilizers, pesticides and biostimulants of plant growth, as well as materials that provide volumes (quotas, limits) for the removal of wildlife objects and work on acclimatization and hybridization of these objects are subject to mandatory state examination. It is worth noting that it is carried out by the state body for environmental protection with the participation of wildlife protection authorities.

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 (the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Environmental Protection, Federal service forestry of Russia, etc.), a special place among which is occupied by specialized units - hunting inspections, fisheries protection, etc.*

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

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

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

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

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

Confiscate from violators illegally obtained products, weapons and other tools for obtaining wildlife, incl. vehicles, as well as supporting documents;

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

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

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

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

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

Animal habitat protection.

1. Regulation of the rational use of wildlife. 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 establishing 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 wildlife. It is worth saying that for their conservation and reproduction, certain types of use or the use of individual objects of the animal world can be limited, suspended or prohibited in certain places or for certain periods (Articles 17, 21 of the Law on Animal World). The issue of implementing these measures was raised in connection with the consideration of legal regulation of the use of wildlife.

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

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

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

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

To protect the habitats of rare or scientifically or economically valuable animals, protective areas of territories and water areas are allocated that are of local importance, but necessary for the implementation of their life cycle. They prohibit certain types of economic activities or regulate the timing and procedure for their implementation.

3. To the greatest extent, complete and effective conservation of animal communities can be ensured in nature reserves, sanctuaries, national parks and other specially protected areas. Within these territories, the use of wildlife is completely prohibited or limited, as well as any activity 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 in natural conditions is impossible, specially authorized bodies are obliged to take measures to create the necessary conditions for breeding them in captivity - in semi-free conditions and in an artificially created habitat (Article 26 of the Law on Animal World) In this case, persons (both legal entities and individuals) who are engaged in keeping and breeding animals are obliged to treat them humanely and comply with appropriate sanitary, veterinary and zoological requirements. Otherwise, they may be prosecuted, and the animals may be subject to confiscation in court.

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

6. In the interests of protecting the animal world 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 about the state of rare, endangered and endangered species of animals and plants, about the necessary measures for their conservation (Article 24 of the Law on Animal World)

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

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

Article 1 of the Law on Fauna (hereinafter referred to as the Law on Animal World) defines it as the totality of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the country and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation Federation, and the animal food object is an organism of animal origin, i.e. a wild animal or a population of wild animals. It also follows from the Law that the use of LM objects is understood as studying, extracting or obtaining in some other way benefits from these objects to satisfy the material and spiritual needs of a person by removing them30 from the environment or without it. At the same time, FM objects removed from their habitat according to the rules established in Russia may be in private, state, municipal or other forms of ownership. The types and methods of use of the Law on Human Resources (Article 34) include the following activities of legal entities and citizens: hunting; fishing (including harvesting of aquatic invertebrates and marine mammals); extraction of FM objects that are not classified as hunting and fishing objects; extraction and use of useful properties of the life activity of LM objects - soil formers, natural environmental health workers, plant pollinators, biofilters, etc.; study, research and other use of liquid materials for scientific, cultural, educational, educational, recreational, aesthetic purposes without removing them from the environment; obtaining waste products of LM objects.

Activities that are aimed at preserving biological diversity, ensuring sustainable existence and creating conditions for the sustainable use and reproduction of LM objects are the protection of LM.

In accordance with Art. 4 of the Law on ZhM the following objects can be classified as federal property:

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

Inhabiting specially protected natural areas of federal significance;

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

Subject to international treaties of the Russian Federation;

Classified as specially protected and economically valuable;

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

Public administration in the field of protection and use of FM, conservation and restoration of its habitat is based on the following basic principles:

Ensuring sustainable existence and use of food resources;

Supporting activities aimed at protecting FM and its habitat;

Prevention of cruelty to animals when using animal feed in accordance with the general principles of humanity;

It is inadmissible to combine activities to implement state control over the use and protection of FM and its habitat with activities to use FM objects;

Involving citizens and public associations in solving problems in the field of protection of LM objects;

Delineation of the right to use natural resources from the right to use other natural resources;

Payment for using ZhM;

The priority of international law in the field of use and protection of FM and its habitat.

Measures of public administration in the field of protection of FM and preservation of its habitat include state environmental assessment, the implementation of which precedes the adoption by executive authorities of the Russian Federation and constituent entities of the Federation of an economic decision that could affect FM objects and their habitat. It is, for example, mandatory for fertilizers, pesticides, biostimulants for plant growth and materials, justification of volumes (limits, quotas) of withdrawal of LM objects and carrying out work on acclimatization and hybridization of these objects.

Another measure of public administration in this area is the establishment of restrictions and prohibitions on the use of LM objects (Article 21 of the LM Law). Thus, the use of liquid minerals, as well as certain of its objects, may be limited, suspended or completely prohibited in certain territories and waters or for certain periods of time.

For example, we can consider the order of the Head of the Odintsovo district of the Moscow region dated April 19, 2002 No. 314-r “On strengthening the protection of fish stocks in the spring of 2002 in the reservoirs of the Odintsovo district”, according to which from April 15 to June 15, 2002 . a two-month period for the protection of fish stocks is established, during which it is prohibited: fishing on Lake Paletskoye, in spawning areas of the Moscow River and in public ponds; carrying out all types of work on fishery reservoirs; holding sports competitions in fishing and other sports in all fishing reservoirs of the Odintsovo region; use of small motor fleet, with the exception of special services vessels that have standard permits issued by authorized organizations; movement of all watercraft, including rowing craft, in specially designated fish spawning areas and in the immediate vicinity of them.

Such decisions can be made by the executive authority of the Russian Federation or a subject of the Federation within its competence upon the proposal of the corresponding specially authorized state body for the protection, control and regulation of the use of liquid metal objects and their habitat. Examples of acts of the subjects of the Federation regulating the protection of human resources objects may be: Law of Moscow dated June 30, 1999 “On regulation of the use of rare and endangered wild animals and plants in the territory of the city of Moscow”, laws of the Yamalo-Nenets Autonomous Okrug dated October 11, 1998 "On reindeer husbandry" and dated June 3, 1998 "On fishing in the Yamalo-Nenets Autonomous Okrug"etc. In addition, the preservation of LM objects can be achieved by changing the type of use of LM with a ban on the removal of objects from the habitat and organizing the use of these objects without removing such objects for cultural, educational, recreational and aesthetic purposes, including the organization of eco-tourism.

Preserving the habitat of LM objects is important. Therefore, any activity that entails a change in it and a deterioration in the conditions of reproduction, feeding, rest and migration routes must be carried out in compliance with the requirements that ensure the protection of FM. Any economic activity, if it is related to the use of LM objects, must be carried out in such a way that the LM objects themselves, permitted for use, do not deteriorate their own habitat and do not cause harm to forestry, agriculture, and water management.

When locating, designing and constructing facilities related to the activities of enterprises or the life of populated areas (Chapter VII of the Law on Environmental Protection), measures must be provided and carried out to preserve the habitat of liquid metal objects and to ensure the inviolability of protective areas of territories and water areas. The Law on FM assigns great importance to measures to ensure the preservation of migration routes of FM objects and places of their constant concentration, especially during the breeding and wintering periods, during the construction of such large structures as airfields, railways, highways, pipelines and other transport routes, communication lines, Power lines, dams, etc. The Government of the Russian Federation has approved relevant documents in this regard.

It is known that protected areas are distinguished in environmental legislation. Within such territories, in order to protect the habitats of rare, endangered valuable LM objects, special measures for their protection are applied, for which protective areas of territories and water areas are allocated that are of local importance, but necessary for the implementation of life cycles FM objects (reproduction, rearing of young animals, feeding, recreation, migration and others). In these protective areas, certain types of economic activities are prohibited or special terms and technologies for their implementation are established. The owner, owner or tenant of the site where protective territories are allocated is paid compensation. Furthermore, in accordance with Art. 24 of the law on FM, rare and endangered FM objects are included in the Red Book of the Russian Federation and (or) the Red Books of the constituent entities of the Federation, which means a prohibition of any actions that could lead to death, reduction in numbers or disruption of the habitat of FM objects. The circulation31 of wild animals listed in the Red Book of the Russian Federation is allowed only in exceptional cases32 with a permit (administrative license), which is issued by a specially authorized state environmental protection agency in a strictly established manner. Specially authorized state bodies for the protection, control and regulation of the use of liquid metal objects and their habitats in the specified protective areas territories and water areas can make proposals for the organization of species reserves. LM objects living in the territories of state reserves, national parks and other protected areas are protected in accordance with the special protection regime for such territories.

Subjects of the Russian Federation, represented by their executive authorities, are obliged to create the necessary conditions for the conservation and breeding of rare and endangered animals, for example, through the organization and specialization of zoos and the creation of nurseries. Cases of keeping these animals in captivity and then releasing them into the natural environment are allowed in exceptional cases, which are also regulated by acts of the Government of the Russian Federation.

The Law on ZhM provides for complete or partial termination of the use of ZhM in the following cases: violation of the legislation on environmental protection and the conditions of use of Zh.M. stipulated by the license; the emergence of a need to withdraw LM objects from use for their protection; use of territory, water area for state needs, excluding the use of liquid minerals; liquidation of the enterprise - user of ZhM.

The protection and use of natural resource objects is also regulated by economic methods, which include: regulation of economic relations in this area between government bodies of the Russian Federation, constituent entities of the Federation and natural resources users, as well as between users of natural resources and users of other types of natural resources; formation of a system of payments for the use of liquid materials; creating a stable economic basis protection, reproduction and sustainable use of LM objects; economic protection of state interests in the field of protection and use of liquid metal objects; economic protection of ZhM users. To ensure the effectiveness of economic methods, a structure for economic regulation of the protection and use of LM objects has been formed, which includes: accounting and economic assessment of LM objects; an economically feasible system of payments for the use of liquid materials; budgetary financing of measures for the protection and reproduction of ZhM objects33; an economically justified system of fines and claims for violation of Russian legislation on the protection and use of liquid materials; targeted use of funds received from the sale of confiscated weapons for the illegal extraction of liquid metal objects, including vehicles and products, in the manner prescribed by the legislation of the Russian Federation, as well as from voluntary contributions from citizens and legal entities.

Another method of economic regulation of the protection and use of LM objects is economic incentives, which consists of establishing tax and other benefits provided to legal entities and citizens who ensure the protection, reproduction and sustainable use of LM objects and their habitats; providing legal entities with preferential loans to carry out work on the protection and reproduction of liquid metal objects; awarding bonuses to officials and citizens involved in the protection of liquid materials for identified violations of Russian legislation on the protection and use of liquid materials.

For violation of Russian legislation on the protection and use of liquid materials, all types of liability are provided: administrative (Article 8.29, 8.35-8.37. Administrative Code of the Russian Federation), civil (Article 1064, 1068 of the Civil Code of the Russian Federation), and criminal (Article 256-8.37). 259 of the Criminal Code of the Russian Federation). The Law on Housing Life establishes the responsibility of legal entities and citizens for:

Violation of the procedure for the use of FM and the illegal import into Russia of animals or plants recognized as causing damage to FM objects listed in the Red Books;

Violation of the rules for protecting the habitat of animals, the rules for creating zoological collections and trade in them, as well as in the unauthorized relocation, acclimatization and crossing of animal life objects;

Violation of the rules for transportation, storage and use of plant protection products and other preparations that caused damage to liquid materials;

Destruction of rare and endangered objects of human resources or commission of other actions that may lead to death, reduction in numbers or disruption of the habitat of these objects;

Violation of the rules of hunting and fishing, as well as the rules for other types of use of natural resources;

Violation of whaling regulations;

Import into Russia and export outside its borders of liquid metal objects, their products and parts without the appropriate permit;

Violation of requirements to prevent the destruction of liquid metal objects in the process of economic activity and during the operation of vehicles;

Violation of the protection regime for LM objects in state natural reserves, wildlife sanctuaries, protected areas of national parks and other protected areas and water areas;

Destruction or damage to notices and other signs installed by LM users or specially authorized state bodies for the protection, control and regulation of the use of LM objects and their habitat, as well as buildings and other structures belonging to these users and bodies;

Violation of the established procedure for granting licenses for the use of FM and permits for the removal of LM objects from their habitat;

Concealment or distortion of information about the condition and number of LM objects, which is important for the safety of the population and domestic animals, the sustainable use of LM objects, their reproduction and the quality of their habitat.

Damage caused to LM objects and their habitat is compensated by legal entities and citizens voluntarily or by a court decision (of general jurisdiction or arbitration) in accordance with the rates and methods for calculating LM damage, and in their absence - at the actual costs of compensation for damage caused to objects FM and their habitat, taking into account losses incurred, including lost profits.34.

If the damage caused as a result of the life activity of LM objects to agriculture, water and forestry cannot be prevented, then if the LM user is a member of the environmental insurance fund, the losses are compensated from the funds of this fund. In case of removal of LM objects from the natural environment in violation of the law, they are confiscated free of charge or confiscated from the owner and returned to the habitat, but if this is impossible, then in accordance with civil law, they are subject to sale with compensation to the state for damage caused to LM by illegal removal .

8. Environmental legislation.

10. Federal Law of the Russian Federation “On Environmental Protection” as the main act of environmental law.

11. Concept and general characteristics of objects of environmental law.

12. The environment as an object of environmental law, its relationship with the concepts of “natural environment”, “natural ecological system”.

13. General characteristics of ownership of natural objects.

14. Natural objects as objects of property rights. Natural resource funds.

15. Subjects of property rights to natural objects, their powers.

16. General characteristics of environmental rights.

17. Economic regulation of environmental protection.

18. Concept and structure of the environmental-legal mechanism for environmental protection.

19. The concept and main directions of greening legislation. Guarantees of compliance with environmental and legal regulations.

20. Concept and principles of environmental management and environmental protection.

21. System of environmental management bodies. Their functions.

22. State accounting of natural resources and maintenance of cadastres.

23. Planning and forecasting of rational use of natural resources and environmental protection.

24. Environmental control and environmental monitoring.

25. Environmental impact assessment. Environmental assessment.

What are the principles of environmental assessment?

What are the types of environmental assessment?

What are the objects of state environmental assessment at the federal level?

Which bodies are specially authorized state bodies in the field of environmental assessment?

26. Standardization of environmental protection.

27. Environmental rights of citizens.

28. The concept and types of legal liability for environmental violations.

29. Concept and types of environmental offenses.

30. Criminal liability for environmental crimes.

31. Administrative liability for environmental violations.

32. Mechanism for compensation for environmental damage.

33. Civil liability for environmental violations.

34. Concept and types of environmental damage.

35. General characteristics of the environmental functions of law enforcement agencies.

36. The relationship between ownership of natural objects and environmental rights.

37. Land as an object of legal regulation.

38. Land Fund. Land categories.

39. Land ownership. Ecological and legal aspects.

40. Rights and obligations of land owners, landowners, land users, tenants.

41. Types of property rights to land. General characteristics.

42. Land Code of the Russian Federation. General characteristics.

43. State management of the land fund. General characteristics.

44. Land monitoring. Land control.

45. State land registration, state land cadastre.

46. Land management.

47. Responsibility for land violations.

48. The concept of subsoil as an object of legal regulation. Subsoil Fund

49. Right to use subsoil.

51. Basic requirements for legal protection of subsoil.

52. Water as an object of legal regulation.

53. Water use rights, its types.

54. State management of water protection and use.

55. Legal protection of waters.

56. Forest as an object of legal regulation.

57. Forest use rights, its types.

58. State management of forest use and protection.

59. Legal protection of forests.

60. Fauna as an object of legal regulation.

62. The right to use wildlife, its types and characteristics.

63. Legal protection of wildlife.

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

64. Atmospheric air as an object of legal regulation.

65. Legal protection of atmospheric air.

66. General characteristics of the legal regime of specially protected natural areas.

67. Legal protection of the environment of cities and other populated areas.

70. International legal mechanism for environmental protection, principles and objects of protection

3. Principles of international environmental law

71. International legislation in the field of environmental protection, international organizations and conferences in the field of protection.

72. Baikal as an object of environmental and legal regulation.

63. Legal protection of wildlife.

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

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

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

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

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

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

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

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

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

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

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

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

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

Animal habitat protection.

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

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

Legal protection of fauna and its habitat. Legal regime for the use and protection of wildlife The right to use wildlife and its species

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