Animal world as an object of use. Wildlife as an object of use Wildlife as an object of protection

78. Fauna as an object of use and protection. Legislation on the protection and use of wildlife. (fz about the animal world)

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 related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation; Article 3 Legal regulation of the protection and use of wildlife and its habitat

The legislation of the Russian Federation in the field of protection and use of wildlife and its habitat is based on the provisions of the Constitution of the Russian Federation, federal laws on environmental protection and consists of this Federal Law, laws adopted in accordance with it and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the subjects of the Russian Federation on the protection and use of wildlife.

The legislation of the Russian Federation on the protection and use of wildlife regulates relations in the field of protection and use of wildlife objects living in natural freedom. Relations in the field of protection and use of wildlife objects kept in semi-free conditions or artificially created habitats in order to preserve the resource and genetic fund of wildlife objects and for other scientific and educational purposes are regulated by this Federal Law, other federal laws and other regulatory legal acts. of the Russian Federation, as well as the laws and regulations of the constituent entities of the Russian Federation.

Relations in the field of protection and use of agricultural and other domesticated animals, as well as wild animals kept in captivity, are regulated by other federal laws and other regulatory legal acts of the Russian Federation.

Relations in the field of protection and use of the habitat of wildlife objects are regulated by this Federal Law, other laws and regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Relations in the field of protection and use of objects of wildlife on the continental shelf and the exclusive economic zone of the Russian Federation are regulated by this Federal Law to the extent permitted by federal laws and international law.

Property relations in the field of protection and use of wildlife are governed by civil law, unless otherwise provided by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation.

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

Preservation of the species diversity of the animal world,

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

Preservation of the integrity of natural animal communities;

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

Regulation of the number of animals in order to prevent harm to the environment and the national economy.

Federal Law “On Fishing and Conservation of Aquatic Biological Resources”, A special protection regime is established for wildlife objects listed in the Red Book of the Russian Federation.

79. Management in the field of protection and use of wildlife objects.

Article 11

State management 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, federal state supervision and regulation of the use of wildlife objects and their habitat.

Specially authorized state bodies for the protection, federal state supervision and regulation of the use of wildlife objects and their habitats consist of federal executive bodies exercising powers for the protection, federal state supervision and regulation of the use of wildlife objects and their habitats, as well as executive bodies the authorities of the constituent entities of the Russian Federation exercising the powers of protection, federal state supervision and regulation of the use of wildlife objects and their habitat, their territorial bodies and state institutions that are under the jurisdiction of these bodies and perform the tasks of protection, federal state supervision and regulation of the use of animal objects the world and their environment.

Specially authorized state bodies for the protection, federal state supervision and regulation of the use of wildlife objects and their habitats form a system of state governing bodies that ensures the implementation of comprehensive measures for the protection, reproduction and sustainable use of wildlife objects and their habitats.

Article 12. Basic principles of state administration in the field of protection and sustainable use of wildlife

The main principles in the field of protection and use of wildlife, conservation and restoration of its habitat are:

ensuring the sustainable existence and sustainable use of wildlife;

support for activities aimed at protecting the wildlife and its habitat;

implementation of the use of the animal world in ways that do not allow cruelty to animals, in accordance with the general principles of humanity;

the inadmissibility of combining activities for the implementation of federal state supervision in the field of protection, reproduction and use of objects of the animal world and its habitat with activities for the use of objects of the animal world;

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

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

payment for the use of wildlife;

priority of international law in the field of use and protection of wildlife, protection and restoration of its habitat.

80. Legal measures for the protection of wildlife. Red Book of the Russian Federation

legal protection of the animal world (faunistic law) in a broad sense is a system of legal norms governing the protection and use of the animal world and its habitat, social relations that arise in the process of interaction between man 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 the economic regulation of the protection and use of wildlife. 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; targeted 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.

Types of legal measures:

A mandatory measure for the protection of wildlife is the state ecological expertise, carried out in accordance with legislation of the Russian Federation and preceding the adoption by the executive authorities of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation of an economic decision that can affect wildlife objects and their habitat.

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.

Establishment of restrictions and prohibitions on the use of objects of the animal world. The implementation of certain types of use of the wildlife, as well as the use of certain objects of the animal world, may be limited, suspended or completely prohibited in certain territories and water areas or for certain periods by decision of the federal executive body or the highest executive body of state power of the constituent entity of the Russian Federation within their competence under submission of the relevant specially authorized state body.

Migration and hybridization of objects of the animal world. Acclimatization of wildlife objects new to the fauna of the Russian Federation, relocation of wildlife objects to new habitats, as well as measures for the hybridization of wildlife objects are allowed only on resolution specially authorized state bodies of the Russian Federation for the protection, control and regulation of the use of wildlife and habitats subject to the conclusion of competent scientific organizations, taking into account the requirements of environmental safety.

Maintenance and breeding of wildlife objects in semi-free conditions and artificially created habitat. are allowed only with the permission of specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitat. 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 zoohygienic requirements for their maintenance.

Regulation of the number of objects of the animal world. In order to protect public health, eliminate the threat to human life, protect agricultural and other domestic animals from diseases, prevent damage to the national economy, wildlife and its habitat, measures are being taken to regulate the number of individual objects of the animal world.

Prevention of diseases and death of objects of the animal world in the implementation of production processes, the operation of vehicles and communication and power lines. Legal entities and citizens are obliged to take measures to prevent diseases and death of wildlife in the course of agricultural and other work, as well as in the operation of irrigation and reclamation systems, vehicles, communication lines and power transmission lines.

The state body of veterinary supervision and the state body of sanitary and epidemiological supervision control the occurrence and spread of diseases of wildlife objects, register all detected cases of diseases of wildlife objects and take the necessary measures to prevent the occurrence and spread of diseases and their elimination. In the event of the occurrence of diseases of wildlife objects that are dangerous to human and domestic animal health, state bodies of veterinary and sanitary and epidemiological supervision, as well as specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitat are obliged to notify the authorities state authorities of the constituent entities of the Russian Federation, local governments, as well as the population through the media.

Protection of wildlife and its habitat in specially protected natural areas

In the territories of state nature reserves, national parks and other specially protected natural territories, the protection of wildlife and its habitat is carried out in accordance with the special protection regime for these territories, which is established by the Federal law"On Specially Protected Natural Territories".

Protection of rare and endangered objects of the animal world

Rare and endangered objects of the animal world are listed in Red Book of the Russian Federation and (or) Red Data Books of the subjects of the Russian Federation.

Actions that may lead to the death, reduction in numbers or disturbance of the habitat of objects of the animal world listed in the Red Books are not allowed. Actions that may lead to the death, reduction in numbers or disturbance of the habitat of objects of the animal world listed in the Red Books are not allowed. Legal entities and citizens engaged in economic activities in the territories and water areas where animals listed in the Red Books live are responsible for the conservation and reproduction of these objects of the animal world in accordance with legislation Russian Federation and the legislation of the subjects of the Russian Federation.

The turnover of wild animals belonging to species listed in the Red Book of the Russian Federation is allowed in exceptional cases according to resolution(administrative license) issued by a specially authorized state body for environmental protection in okay, provided by the Government of the Russian Federation. Keeping these animals in captivity and releasing them into the natural environment is also allowed in exceptional cases determined by the Government of the Russian Federation.

Zoological collections

Zoological collections (fund scientific collections of zoological institutes, universities, museums, as well as collections of stuffed animals, preparations and parts of objects of the animal world, living collections of zoos, zoos, circuses, nurseries, aquariums, oceanariums and other institutions), representing scientific, cultural and educational, educational and aesthetic value, individual outstanding collectible exhibits, regardless of their form of ownership, are subject to state accounting.

INTRODUCTION

1. State management and control in the field of protection and use of wildlife.

2. The right to use objects of the animal world.

3. Legal protection of wildlife.

CONCLUSION

LIST OF REGULATIONS AND LITERATURE USED.

Application

INTRODUCTION

The animal world is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality of the environment. the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of trade. Certain types of animals are of great cultural, scientific, aesthetic, educational, and scientific significance.

The objects of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of the country. Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such an object. They are a being owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

A feature of the animal world is that this object is renewable, but for this it is necessary to comply with certain conditions directly related to the protection of animals. In the event of extermination, violation of the conditions for their existence, certain species of animals may finally disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species, contributes to their restoration and renewal. The animal world lends itself to transformative human activity: it is possible to domesticate wild animals, cross and breed new species, grow certain species of animals in artificial conditions and resettle them in their natural habitats.

1. STATE MANAGEMENT AND CONTROL IN THE FIELD OF PROTECTION AND USE OF WILDLIFE

In accordance with the Constitution of the Russian Federation, the issues of ownership, use and disposal of wildlife on the territory of the Russian Federation are within the joint jurisdiction of the Russian Federation and the subjects of the Federation. Issues that are not attributed to the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its subjects are in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the subjects of the Russian Federation.

The area of ​​regulation of relations for the protection and use of the animal world includes: disposal of the animal world; determination of general measures and establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for the state registration of animals and their use and the procedure for maintaining the state cadastre of the animal world (Article 14 of the Federal Law “On the Animal World” of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of wildlife and its habitat (Article 17 of the Law); state control over the protection and use of the animal world and the establishment of the procedure for its implementation (Article 16 of the Law); solution of other issues.

In order to ensure the protection and organization of the rational use of the animal world, in accordance with the Law “On the Wildlife”, a state registration of animals and their use is carried out, and a state cadastre of the animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers , characteristics of the lands they need, modern management, through the use of animals and other necessary data.

The state cadastre of the animal world includes the requirements and data of the state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of the animal world, planning, placement and specialization of hunting and fisheries and other sectors of the national economy, the implementation of other activities, associated with the use of the animal world, resource assessment and forecast of the state of the animal world, organization of measures to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are, in accordance with the established procedure, objects of hunting, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as those located on the territory of state reserves and natural national parks. Along with wild animals, the lands necessary for animals (land, water, forest) are also recognized as an object of the state wildlife cadastre, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary living conditions and, first of all, feed.

For ecological and economic reasons, society is also interested in regulating the number of wildlife. The Law on Fauna provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation, are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. The regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized state bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife is state control. State control over the protection and use of wildlife has as its task to ensure that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, fulfill their duties for the protection of wildlife, compliance with the established procedure for the use of wildlife and other rules established by legislation on protection and use of the animal world.

Along with state control, departmental control is also exercised over the protection and use of the animal world by those bodies in charge of enterprises and institutions that use objects of the animal world.

In the fight against poaching, the internal affairs bodies play an active role. Together with state bodies, control over the protection and use of wildlife is also carried out by fishermen's and hunters' societies, public inspectorates for the protection of wildlife, created under the bodies of hunting supervision and fish protection.

2. RIGHT TO USE ANIMAL OBJECTS

The users of the animal world, in accordance with the law, may be state, public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the catching of invertebrates and marine mammals that are not objects of hunting and fishing); for scientific, cultural, educational, educational and aesthetic purposes; the use of useful properties of the vital activity of animals - soil formers, natural orderlies among pollinators of plants, etc.; for the production of animal waste products.

The most common uses of wildlife are hunting and fishing.

Hunting is defined as a type of activity permitted by law, consisting in the pursuit for the purpose of production and in the extraction (shooting, trapping) of wild animals and birds in a state of natural freedom by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with obtained products is equated to hunting.

The legal regulation of hunting is carried out on the basis of both the Law “On the Fauna” and some special legal acts, including the Regulations on Hunting and Game Management, approved by the Decree of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Model hunting rules in the RSFSR of 1988, etc.

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunters' societies, who have passed tests according to the hunting minimum and paid the state fee in the prescribed amount.

Fishing - commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as amateur and sport fishing and harvesting of aquatic invertebrates - is carried out in the prescribed manner.

The most general special act regulating fisheries is the Regulation on the Protection of Fish Stocks and on the Regulation of Fishing in the Water Bodies of the USSR, approved by a decree of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

Fishing is different commercial, sports and amateur. Moreover, the legislation does not establish formal criteria that distinguish between sports and recreational fishing. There are also no differences in their legal regulation.

All water bodies that are used or can be used for commercial fishing or are important for the reproduction of fish stocks are considered to be fishery. The list of water bodies intended to preserve the reproduction and production of fish resources is determined by the Government of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation.

Fishery production is carried out on fishery sites provided for use under contracts and licenses to legal entities and individuals.

Amateur fishing and sports Fishing is carried out for personal consumption free of charge in all water bodies, with the exception of nature reserves, fish hatcheries, pond and other cultural fish farms, in compliance with the established rules for fishing and water use.

3. LEGAL PROTECTION OF WILDLIFE

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, protecting the habitat of objects of the animal world. In particular, the conservation of wildlife objects can be achieved by changing the type of use of wildlife with the prohibition of the removal of wildlife objects from the habitat and the organization of the use of these objects without withdrawal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of ecological tourism.

Since the possibilities of preserving objects of the animal world and their habitat largely depend on the conditions for the implementation of a variety of human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law “On the Animal World”. Here, a general rule is established, according to which any activity that entails a change in the habitat of objects of the animal world and the deterioration of the conditions for their reproduction, feeding, rest, migration routes, must be carried out in compliance with the requirements that ensure the protection of the animal world. Economic activity related to the use of objects of the animal world must be carried out in such a way that the objects of the animal world permitted for use do not worsen their own habitat and do not cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the Decree of the Government of the Russian Federation of August 16, 1996, which approved the “Requirements for the Prevention of the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmission Lines”. The requirements regulate production activities in order to prevent the death of wildlife objects living in natural freedom as a result of habitat changes and disruption of migration routes; getting into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution regulates the requirements for the protection of wildlife in the implementation of agricultural, forestry and forestry, industrial and water production processes, the operation of transport highways and facilities, pipelines, in the design, construction and operation of communication lines and power transmission.

Thus, in the implementation of agricultural production processes, it is not allowed to use technologies and mechanisms that cause mass death of objects of the animal world or a change in their habitat. In the production of field agricultural work, it is necessary to use technology, specially equipped agricultural machinery, work procedures that exclude the possibility of death of animals.

When creating and operating irrigation and reclamation structures in natural habitats, on migration routes and in places of seasonal concentration of wildlife objects, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake structures and channels of irrigation and drainage systems with special protective devices.

In order to protect the animal world, a stricter regime for the use of animals in reserves, wildlife sanctuaries and other specially protected areas is established. It prohibits the use of wildlife and other activities that are incompatible with the goals of conservation.

Of great importance is the protection of rare and endangered species of animals. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed.

CONCLUSION

If we consider the situation with the protection of animals in the Krasnodar Territory, it can be noted that we have a fairly large number of adverse factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, environmental pollution, deforestation, incl. and on the territory of nature reserves and the national park, continuous plowing of the steppes, planting of monocultures, construction and operation of hydraulic structures, a sharp change in the water level in reservoirs, burning of plant residues in fields and reed beds.

These, as well as the socio-economic conditions that have developed in recent years (including sharply increasing poaching) have led to a decrease in the number of the main species of game animals in the region. Over the past 10 years, the number of wild boar has decreased by 57%, deer by 62%, roe deer by 65%. The issue of prohibition of hunting ungulates in the territory of the region has become topical.

The number of such valuable fur animals as muskrat, raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement fell rapidly, and it is impossible to determine the actual production, because. a significant number of firms and citizens began to engage in this type of activity. It is urgent to consider the issue of licensing this activity.

In recent years, the pressure on hunting grounds has increased significantly. By the beginning of 2001, the number of hunters in the region was over 100 thousand people. The activities of some new public hunting organizations that do not have hunting grounds issue hunting tickets and collect membership fees are alarming. They do not provide any information to state bodies about their activities.

Unfortunately, local environmental services, when such facts are revealed, are far from always able to take effective measures. In this regard, it is necessary to strengthen the coordination of all public services with the involvement of the main hunting users and create a regional council for hunting. State hunting reserves are of great importance for the hunting economy of the region. With an area of ​​reserves of 4.2% of all hunting grounds in the region, about a third of all ungulates are concentrated here.

It is necessary to continue work on increasing the area of ​​reserves, observing the regimes of their activities, and improving financing. In connection with a sharp rise in the price of feed, fuels and lubricants, transport, work on breeding and resettlement of game animals has practically ceased. Significantly reduced the volume of biotechnical and security measures. Work on the fight against harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only game animals are protected, in an outdated legal framework.

As before, in most cases, the catching of animals that are not objects of hunting and fishing, most insects, non-commercial birds, incl. listed in the Red Book of Russia. The industrial harvesting of aquatic invertebrates, the harvesting of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should come under the scrutiny of the work on licensing certain types of activities that began in the committee.

And in conclusion, we can say that the growing threat of environmental catastrophe on a global scale causes an awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international society.

The loss of any biological species of wildlife damages the interests of society, leads to irreparable losses of the gene pool, carries the danger of destroying entire ecosystems, weakening the protective functions of the biosphere.

LIST OF REGULATIONS AND REFERENCES USED

2. On environmental protection: Federal Law of the Russian Federation of December 20, 2001. // Russian newspaper. 2002. January 12.

4. On the continental shelf of the Russian Federation: Federal Law of the Russian Federation of November 30, 1995 No. 187-FZ with amendments and additions of February 10, 1999 // Rossiyskaya Gazeta. 1995. December 7th.

5. On the exclusive economic zone of the Russian Federation: Federal Law of the Russian Federation of December 17, 1998 N 191-FZ // SZ RF. 1998 No. 51. art. 6273.

6. "On specially authorized state bodies for the protection, control and regulation of the use of wildlife and their habitats" Decree of the Government of the Russian Federation of January 19, 1998 N 67 // Rossiyskaya Gazeta 1998. January 31.

7. "On Approval of the Requirements for Preventing the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmission" Decree of the Government of the Russian Federation of August 13, 1996 N 997 // СЗ RF. 1996, N 37, art. 4290.

8. "On the list of objects of the animal world classified as objects of hunting" Decree of the Government of the Russian Federation of December 26, 1995 N 1289 with amendments and additions of November 23, 1996 and dated July 30, 1998 / Rossiyskaya Gazeta 1996. February 15.

9. On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects "Decree of the Government of the Russian Federation of November 10, 1996 N 1342 // SZ RF. 1996, N 47, art. 5335.

10. Erofeev B.V. Land law. M., 1998.

11. Environmental law // Ed. Petrova V.V. M., 1995

12. Land law of Russia // Ed. Petrova V.V. M., 1995

KUBAN STATE AGRARIAN

UNIVERSITY

Faculty of Law

Department of Ecological

and land law

Abstract on the topic:

«ANIMAL WORLD AS AN OBJECT OF PROTECTION AND USE»

Completed: student of LF - 51

Verkhoturov A.Yu.

Checked by: Myagkova Anna Vasilievna

Krasnodar 2002

INTRODUCTION

1.

2.

3.

CONCLUSION

LIST OF NORMATIVE ACTS AND LITERATURE USED.

Application

INTRODUCTION

The animal world is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality of the natural environment as a whole . At the same time, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of fishing. Certain types of animals are of great cultural, scientific, aesthetic, educational, scientific importance.

The objects of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as molluscs, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of the country . Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such an object. They are a being owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state or personal property.

A feature of the animal world is that this object is renewable, but for this it is necessary to comply with certain conditions directly related to the protection of animals. In the event of extermination, violation of the conditions for their existence, certain species of animals may finally disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species, contributes to their restoration and renewal. The animal world lends itself to the transformational activity of man: it is possible to domesticate wild animals, cross and breed new species, grow certain species of animals in artificial conditions and resettle them in their natural habitats.

1. STATE MANAGEMENT AND CONTROL IN THE FIELD OF PROTECTION AND USE OF ANIMAL WORLD.

In accordance with the Constitution of the Russian Federation, issues of ownership, use and disposal of wildlife on the territory of the Russian Federation are under the joint jurisdiction of the Russian Federation and the constituent entities of the Federation. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the subjects of the Russian Federation.

The area of ​​regulation of relations for the protection and use of the animal world includes: the disposal of the animal world; the definition of general measures and the establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection of the rational use of wildlife; establishment of systems for the state registration of animals and their use and the procedure for maintaining the state cadastre of the animal world (Article 14 of the Federal Law "On the Animal World" of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of the animal world and its habitat (Article 17 of the Law); state control over the protection and use of wildlife and the establishment of the procedure for its implementation (Article 16 of the Law); solution of other issues.

In order to ensure the protection and organization of the rational use of the animal world, in accordance with the law "Animal World", a state registration of animals and their use is carried out, and a state cadastre of the animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers, characteristics of the animals they need land, modern management, through the use of animals and other necessary data.

The State Wildlife Cadastre includes the requirements and data of the state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of wildlife, planning, placement and specialization of hunting and fisheries and other sectors of the national economy, the implementation of other activities related to the use fauna, assessment of resources and forecast of the state of the animal world, organization of activities to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are, in the established order, objects of hunting, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and agricultural crops), animals listed in the Red Book, listed in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as those located on the territory of state reserves and natural national parks. Along with wild animals, lands (land, water, forest) necessary for animals are also recognized as an object of the state cadastre of the animal world, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary conditions for existence and, first of all, feed.

For ecological and economic reasons, society is also interested in regulating the number of wildlife. The Law on Animals provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation, are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. Regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized state bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife is state control. State control over the protection and use of wildlife has as its task to ensure that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, comply with the established procedure for the use of wildlife and other rules established by legislation on the protection and use of animals. peace.

Along with state control, departmental control over the protection and use of wildlife is also carried out by those bodies in charge of enterprises and institutions that use wildlife objects.

In the fight against poaching, the internal affairs bodies play an active role. Together with state bodies, control over the protection and use of wildlife is also carried out by fishermen's and hunters' societies, public inspectorates for the protection of wildlife, created under the authorities of hunting supervision and fish protection.

2. RIGHT TO USE ANIMAL OBJECTS

Users of the animal world, in accordance with the law, may be state, public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the extraction of invertebrates and marine mammals that are not objects of hunting and fishing); for scientific, cultural, educational, educational and aesthetic purposes; the use of beneficial properties of the vital activity of animals - soil formers, natural nurses among pollinators of plants, etc.; for the production of animal waste products.

The most common uses of wildlife are hunting and fishing.

Hunting is defined as a type of activity permitted by law, consisting in the pursuit for the purpose of production and in the extraction (shooting, trapping) of wild animals and birds in a state of natural freedom by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Being in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with the obtained products is equated to hunting.

The legal regulation of hunting is carried out on the basis of both the Law "On the Fauna" and some special regulatory legal acts, including the Regulations on Hunting and Game Management, approved by the Decree of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Model Rules for Hunting in the RSFSR 1988 and others.

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunting societies, who have passed the test for the hunting minimum and paid the state fee in the prescribed amount.

Fishing - commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as amateur and sport fishing and harvesting of aquatic invertebrates - is carried out in accordance with the established procedure.

The most general special act regulating fishery is the Regulation on the protection of fish stocks and on the regulation of fishery in water bodies of the USSR, approved by a decree of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

Fishing is commercial, sports and amateur. Moreover, the legislation does not establish formal criteria that distinguish between sports and recreational fishing. There are also no differences in their legal regulation.

All water bodies that are used or can be used for commercial fishing or are important for the reproduction of fish stocks are considered to be fisheries. The list of water bodies intended to preserve the reproduction and production of fish resources is determined by the Government of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation.

Commercial production is carried out on fishery sites provided for use under contracts and licenses to legal entities and individuals.

Amateur fishing and sport fishing is carried out for personal consumption free of charge in all water bodies, with the exception of nature reserves, fish hatcheries, pond and other cultural fish farms, in compliance with the established rules for fishing and water use.

4.

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, protecting the habitat of objects of the animal world. In particular, the conservation of wildlife objects can be achieved by changing the type of use of wildlife with the prohibition of the removal of wildlife objects from the habitat and the organization of the use of these objects without withdrawal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of ecological tourism.

Since the possibilities of preserving wildlife objects and their habitat largely depend on the conditions for the implementation of a variety of human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law "On the Fauna". Here, a general rule is established, according to which any activity that entails a change in the habitat of objects of the animal world and the deterioration of the conditions for their reproduction, feeding, rest, migration routes, must be carried out in compliance with the requirements that ensure the protection of the animal world. Economic activity related to the use of objects of the animal world must be carried out in such a way that the objects of the animal world permitted for use do not worsen their own habitat and do not cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the Decree of the Government of the Russian Federation of August 16, 1996, which approved the “Requirements for the Prevention of the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication and Power Transmission Lines”. The requirements regulate production activities in order to prevent the death of wildlife objects living in natural freedom as a result of changes in the habitat and violation of migration routes; getting into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution regulates the requirements for the protection of wildlife in the implementation of agricultural, forestry and forestry, industrial and water production processes, the operation of transport highways and facilities, pipelines, the design, construction and operation of communication lines and power transmission.

Thus, in the implementation of agricultural production processes, it is not allowed to use technologies and mechanisms that cause mass death of wildlife objects or change their habitat. In the production of field agricultural work, it is necessary to use technology, specially equipped agricultural machinery, work procedures that exclude the possibility of death of animals.

When creating and operating irrigation and drainage facilities in natural habitats, on migration routes and in places of seasonal concentration of wildlife objects, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake facilities and channels of irrigation and drainage systems with special protective devices.

In order to protect the animal world, a more stringent regime for the use of animals in reserves, wildlife sanctuaries and other specially protected areas is established. It prohibits the use of wildlife and other activities that are incompatible with the goals of conservation.

Of great importance is the protection of rare and endangered species of animals. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed.

CONCLUSION

If we consider the situation with the protection of animals in the Krasnodar Territory, it can be noted that we have a fairly large number of adverse factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, environmental pollution, deforestation, incl. and on the territory of nature reserves and the national park, continuous plowing of the steppes, planting of monocultures, construction and operation of hydraulic structures, a sharp change in the water level in reservoirs, burning of plant residues in the fields from reed beds.

These, as well as the socio-economic conditions that have developed in recent years (including sharply increasing poaching) have led to a decrease in the number of the main types of game animals in the region. Over the past 10 years, the number of wild boar has decreased by 57%, deer by 62%, roe deer by 65%. The issue of banning hunting for ungulates in the territory of the region has become topical.

The number of such valuable fur-bearing animals as the muskrat, striped raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement fell rapidly, and it is impossible to determine the actual production, because. This type of activity began to be engaged in a significant number of firms and citizens. It is urgent to consider the issue of licensing this activity.

In recent years, the load on hunting grounds has increased significantly. By the beginning of 2001, the number of hunters in the region was over 100 thousand people. The activities of some new public hunting organizations that do not have hunting grounds issue hunting tickets and collect membership fees are alarming. They do not provide any information to state bodies about their activities.

Unfortunately, local environmental services, when such facts are revealed, are far from always able to take effective measures. In this regard, it is necessary to strengthen the coordination of all public services with the involvement of the main hunting users and create a regional council for hunting. State hunting reserves are of great importance for the hunting economy of the region. With an area of ​​reserves of 4.2% of all hunting grounds in the region, about a third of all ungulates are concentrated here.

It is necessary to continue work to increase the area of ​​zakazniks, observe the regimes of their activities, and improve financing. Due to a sharp rise in the price of feed, fuels and lubricants, transport, work on breeding and resettlement of game animals has been practically stopped. Significantly reduced the volume of biotechnical and security measures. Work on the fight against harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only hunting animals are protected, in the conditions of an outdated legal framework.

As before, in most cases, the production of animals that are not objects of hunting and fishing, most insects, non-commercial birds, incl. listed in the Red Book of Russia. The industrial harvesting of aquatic invertebrates, the harvesting of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should come under the scrutiny of the work on licensing certain types of activities that began in the committee.

And in conclusion, we can say that the growing threat of an environmental catastrophe on a global scale causes an awareness of the urgent need to rationalize environmental management and coordinate efforts in protecting the environment within the entire international society.

The loss of any biological species of wild nature damages the interests of society, leads to irreparable losses of the gene pool, carries the danger of destroying entire ecosystems, weakening the protective functions of the biosphere.

LIST OF REGULATIONS AND LITERATURE USED.

1.

2.

3.

4.

5.

6.

7.

8.

with amendments and additions dated November 23, 1996. and dated July 30, 1998 / Rossiyskaya Gazeta 1996. February 15.

9.

“On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects” Decree of the Government of the Russian Federation of November 10, 1996 No. N 1342 // SZ RF. 1996, N 47, art. 5335.

10.

Erofeev B.V. Land law. M., 1998.

11.

12.

Land Law of Russia // Ed. Petrova V.V. M., 1995

UNIVERSITY

Faculty of Law

Department of Ecological

and land law

Abstract on the topic:

"ANIMAL WORLD AS AN OBJECT OF PROTECTION AND USE"

Completed by: student of the Law Faculty - 51

Verkhoturov A.Yu.

Checked by: Myagkova Anna Vasilievna

Krasnodar 2002

INTRODUCTION

CONCLUSION

LIST OF REGULATIONS AND LITERATURE USED.

Application

INTRODUCTION

The animal world is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality of the environment. the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of trade. Certain types of animals are of great cultural, scientific, aesthetic, educational, and scientific significance.

The objects of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of the country. Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such an object. They are a being owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

A feature of the animal world is that this object is renewable, but for this it is necessary to comply with certain conditions directly related to the protection of animals. In the event of extermination, violation of the conditions for their existence, certain species of animals may finally disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species, contributes to their restoration and renewal. The animal world lends itself to transformative human activity: it is possible to domesticate wild animals, cross and breed new species, grow certain species of animals in artificial conditions and resettle them in their natural habitats.

1. STATE ADMINISTRATION AND CONTROL IN THE FIELD OF PROTECTION AND USE OF ANIMAL WORLD.

In accordance with the Constitution of the Russian Federation, the issues of ownership, use and disposal of wildlife on the territory of the Russian Federation are within the joint jurisdiction of the Russian Federation and the subjects of the Federation. Issues that are not attributed to the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its subjects are in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the subjects of the Russian Federation.

The area of ​​regulation of relations for the protection and use of the animal world includes: disposal of the animal world; determination of general measures and establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for the state registration of animals and their use and the procedure for maintaining the state cadastre of the animal world (Article 14 of the Federal Law "On the Animal World" of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of wildlife and its habitat (Article 17 of the Law); state control over the protection and use of the animal world and the establishment of the procedure for its implementation (Article 16 of the Law); solution of other issues.

In order to ensure the protection and organization of the rational use of the animal world, in accordance with the Law "On the Wildlife", a state registration of animals and their use is carried out, and a state cadastre of the animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers , characteristics of the lands they need, modern management, through the use of animals and other necessary data.

The state cadastre of the animal world includes the requirements and data of the state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of the animal world, planning, placement and specialization of hunting and fisheries and other sectors of the national economy, the implementation of other activities, associated with the use of the animal world, resource assessment and forecast of the state of the animal world, organization of measures to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are, in accordance with the established procedure, objects of hunting, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as those located on the territory of state reserves and natural national parks. Along with wild animals, the lands necessary for animals (land, water, forest) are also recognized as an object of the state wildlife cadastre, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary living conditions and, first of all, feed.

For ecological and economic reasons, society is also interested in regulating the number of wildlife. The Law on Fauna provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation, are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. The regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized state bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife is state control. State control over the protection and use of wildlife has as its task to ensure that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, fulfill their duties for the protection of wildlife, compliance with the established procedure for the use of wildlife and other rules established by legislation on protection and use of the animal world.

Along with state control, departmental control is also exercised over the protection and use of the animal world by those bodies in charge of enterprises and institutions that use objects of the animal world.

In the fight against poaching, the internal affairs bodies play an active role. Together with state bodies, control over the protection and use of wildlife is also carried out by fishermen's and hunters' societies, public inspectorates for the protection of wildlife, created under the bodies of hunting supervision and fish protection.

2. RIGHT TO USE ANIMAL OBJECTS

The users of the animal world, in accordance with the law, may be state, public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the catching of invertebrates and marine mammals that are not objects of hunting and fishing); for scientific, cultural, educational, educational and aesthetic purposes; the use of useful properties of the vital activity of animals - soil formers, natural orderlies among pollinators of plants, etc.; for the production of animal waste products.

The most common uses of wildlife are hunting and fishing.

Hunting is defined as a type of activity permitted by law, consisting in the pursuit for the purpose of production and in the extraction (shooting, trapping) of wild animals and birds in a state of natural freedom by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with obtained products is equated to hunting.

The legal regulation of hunting is carried out on the basis of both the law "On the Fauna" and some special regulatory legal acts, including the Regulations on hunting and hunting facilities, approved by a resolution of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Model hunting rules in the RSFSR of 1988, etc.

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunters' societies, who have passed tests according to the hunting minimum and paid the state fee in the prescribed amount.

Fishing - commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as amateur and sport fishing and harvesting of aquatic invertebrates - is carried out in accordance with the established procedure.

The most general special act regulating fisheries is the Regulation on the Protection of Fish Stocks and on the Regulation of Fishing in the Water Bodies of the USSR, approved by a decree of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

Fishing is commercial, sport and amateur. Moreover, the legislation does not establish formal criteria that distinguish between sports and recreational fishing. There are also no differences in their legal regulation.

All water bodies that are used or can be used for commercial fishing or are important for the reproduction of fish stocks are considered to be fishery. The list of water bodies intended to preserve the reproduction and production of fish resources is determined by the Government of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation.

Commercial production is carried out on fishery sites provided for use under contracts and licenses to legal entities and individuals.

Amateur fishing and sport fishing is carried out for personal consumption free of charge in all water bodies, with the exception of nature reserves, fish hatcheries, pond and other cultural fish farms, in compliance with the established rules for fishing and water 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, protecting the habitat of objects of the animal world. In particular, the conservation of wildlife objects can be achieved by changing the type of use of wildlife with the prohibition of the removal of wildlife objects from the habitat and the organization of the use of these objects without withdrawal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of ecological tourism.

Since the possibilities of preserving wildlife objects and their habitat largely depend on the conditions for the implementation of a variety of human economic activities, the regulation of relevant relations is specifically provided for in Chapter III of the Law "On the Fauna". Here, a general rule is established, according to which any activity that entails a change in the habitat of objects of the animal world and the deterioration of the conditions for their reproduction, feeding, rest, migration routes, must be carried out in compliance with the requirements that ensure the protection of the animal world. Economic activity related to the use of objects of the animal world must be carried out in such a way that the objects of the animal world permitted for use do not worsen their own habitat and do not cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the Decree of the Government of the Russian Federation of August 16, 1996, which approved the “Requirements for the Prevention of the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmission Lines”. The requirements regulate production activities in order to prevent the death of wildlife objects living in natural freedom as a result of habitat changes and disruption of migration routes; getting into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution regulates the requirements for the protection of wildlife in the implementation of agricultural, forestry and forestry, industrial and water production processes, the operation of transport highways and facilities, pipelines, in the design, construction and operation of communication lines and power transmission.

Thus, in the implementation of agricultural production processes, it is not allowed to use technologies and mechanisms that cause mass death of objects of the animal world or a change in their habitat. In the production of field agricultural work, it is necessary to use technology, specially equipped agricultural machinery, work procedures that exclude the possibility of death of animals.

When creating and operating irrigation and reclamation structures in natural habitats, on migration routes and in places of seasonal concentration of wildlife objects, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake structures and channels of irrigation and drainage systems with special protective devices.

In order to protect the animal world, a stricter regime for the use of animals in reserves, wildlife sanctuaries and other specially protected areas is established. It prohibits the use of wildlife and other activities that are incompatible with the goals of conservation.

Of great importance is the protection of rare and endangered species of animals. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed.

CONCLUSION

If we consider the situation with the protection of animals in the Krasnodar Territory, it can be noted that we have a fairly large number of adverse factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, environmental pollution, deforestation, incl. and on the territory of nature reserves and the national park, continuous plowing of the steppes, planting of monocultures, construction and operation of hydraulic structures, a sharp change in the water level in reservoirs, burning of plant residues in fields and reed beds.

These, as well as the socio-economic conditions that have developed in recent years (including sharply increasing poaching) have led to a decrease in the number of the main species of game animals in the region. Over the past 10 years, the number of wild boar has decreased by 57%, deer by 62%, roe deer by 65%. The issue of prohibition of hunting ungulates in the territory of the region has become topical.

The number of such valuable fur animals as muskrat, raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement fell rapidly, and it is impossible to determine the actual production, because. a significant number of firms and citizens began to engage in this type of activity. It is urgent to consider the issue of licensing this activity.

In recent years, the pressure on hunting grounds has increased significantly. By the beginning of 2001, the number of hunters in the region was over 100 thousand people. The activities of some new public hunting organizations that do not have hunting grounds issue hunting tickets and collect membership fees are alarming. They do not provide any information to state bodies about their activities.

Unfortunately, local environmental services, when such facts are revealed, are far from always able to take effective measures. In this regard, it is necessary to strengthen the coordination of all public services with the involvement of the main hunting users and create a regional council for hunting. State hunting reserves are of great importance for the hunting economy of the region. With an area of ​​reserves of 4.2% of all hunting grounds in the region, about a third of all ungulates are concentrated here.

It is necessary to continue work on increasing the area of ​​reserves, observing the regimes of their activities, and improving financing. In connection with a sharp rise in the price of feed, fuels and lubricants, transport, work on breeding and resettlement of game animals has practically ceased. Significantly reduced the volume of biotechnical and security measures. Work on the fight against harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only game animals are protected, in an outdated legal framework.

As before, in most cases, the catching of animals that are not objects of hunting and fishing, most insects, non-commercial birds, incl. listed in the Red Book of Russia. The industrial harvesting of aquatic invertebrates, the harvesting of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should come under the scrutiny of the work on licensing certain types of activities that began in the committee.

And in conclusion, we can say that the growing threat of environmental catastrophe on a global scale causes an awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international society.

The loss of any biological species of wildlife damages the interests of society, leads to irreparable losses of the gene pool, carries the danger of destroying entire ecosystems, weakening the protective functions of the biosphere.

LIST OF REGULATIONS AND LITERATURE USED.

8. with amendments and additions dated November 23, 1996. and dated July 30, 1998 / Rossiyskaya Gazeta 1996. February 15.

9. "On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects" Decree of the Government of the Russian Federation of November 10, 1996 N 1342 // СЗ RF. 1996, N 47, art. 5335.

10. Erofeev B.V. Land law. M., 1998.

12. Land law of Russia // Ed. Petrova V.V. M., 1995

Introduction

The animal world is an integral part of the natural environment and acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively affecting the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality of the environment. the natural environment as a whole. At the same time, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of trade. Certain types of animals are of great cultural, scientific, aesthetic, educational, and scientific significance.

The objects of use and protection of the animal world are only wild animals (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of the country. Agricultural and other domestic animals, as well as wild animals kept in captivity or semi-captivity for economic, cultural, scientific, aesthetic or other purposes are not such an object. They are a being owned by the state, public organizations, citizens, and are used and protected in accordance with the legislation relating to state and personal property.

A feature of the animal world is that this object is renewable, but for this it is necessary to comply with certain conditions directly related to the protection of animals. In the event of extermination, violation of the conditions for their existence, certain species of animals may finally disappear, and their renewal will be impossible. And vice versa, maintaining the conditions for the existence of the animal world, regulating the number of animals, taking measures to breed endangered species, contributes to their restoration and renewal. The animal world lends itself to transformative human activity: it is possible to domesticate wild animals, cross and breed new species, grow certain species of animals in artificial conditions and resettle them in their natural habitats.

1. STATE ADMINISTRATION AND CONTROL IN THE FIELD OF PROTECTION AND USE OF ANIMAL WORLD.

In accordance with the Constitution of the Russian Federation, the issues of ownership, use and disposal of wildlife on the territory of the Russian Federation are within the joint jurisdiction of the Russian Federation and the subjects of the Federation. Issues that are not attributed to the exclusive jurisdiction of Russia and the joint jurisdiction of the Russian Federation and its subjects are in accordance with Part 4 of Art. 76 of the Constitution of the Russian Federation to the subject of their own legal regulation of the subjects of the Russian Federation.

The area of ​​regulation of relations for the protection and use of the animal world includes: disposal of the animal world; determination of general measures and establishment of basic provisions, rules and norms in this area; development and approval of public plans for the protection and rational use of wildlife; establishment of systems for the state registration of animals and their use and the procedure for maintaining the state cadastre of the animal world (Article 14 of the Federal Law "On the Animal World" of April 24, 1995); state monitoring of wildlife objects (Article 15 of the Law); regulation in the field of use and protection of wildlife and its habitat (Article 17 of the Law); state control over the protection and use of the animal world and the establishment of the procedure for its implementation (Article 16 of the Law); solution of other issues.

In order to ensure the protection and organization of the rational use of the animal world, in accordance with the Law "On the Wildlife", a state registration of animals and their use is carried out, and a state cadastre of the animal world is maintained, containing a set of information on the geographical distribution of species (groups of species) of animals, their numbers , characteristics of the lands they need, modern management, through the use of animals and other necessary data.

The state cadastre of the animal world includes the requirements and data of the state registration of animals and their use in terms of quantitative and qualitative indicators, as well as information necessary to ensure the protection of the animal world, planning, placement and specialization of hunting and fisheries and other sectors of the national economy, the implementation of other activities, associated with the use of the animal world, resource assessment and forecast of the state of the animal world, organization of measures to regulate the number of certain species of wild animals.

Animals subject to registration and entry into the cadastre include animals that are, in accordance with the established procedure, objects of hunting, commercial aquatic invertebrates and commercial marine mammals, insects (pests of forests and plants and useful for forests and crops), animals listed in the Red Book, included in the lists approved by the Academy of Sciences of the Russian Federation and the Ministry of Health of the Russian Federation, as well as those located on the territory of state reserves and natural national parks. Along with wild animals, the lands necessary for animals (land, water, forest) are also recognized as an object of the state wildlife cadastre, which is due to the inextricable organic connection of the animal world with its habitat and the interests of providing animals with the necessary living conditions and, first of all, feed.

For ecological and economic reasons, society is also interested in regulating the number of wildlife. The Law on Fauna provides that the objects of the animal world, the number of which is subject to regulation, as well as the procedure for regulation, are determined by specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and habitat. The regulation of the number of individual objects of the animal world should be carried out in ways that exclude harm to other objects of the animal world and ensure the safety of their habitat, taking into account the conclusions of scientific organizations that solve problems in this area, and in agreement with specially authorized state bodies that protect land, water and forest resources.

The most important organizational and legal means of ensuring the rational use and protection of wildlife isstate control.State control over the protection and use of wildlife has as its task to ensure that all ministries, state committees, public enterprises, institutions and organizations, as well as citizens, fulfill their duties for the protection of wildlife, compliance with the established procedure for the use of wildlife and other rules established by legislation on protection and use of the animal world.

Along with state control, departmental control is also exercised over the protection and use of the animal world by those bodies in charge of enterprises and institutions that use objects of the animal world.

In the fight against poaching, the internal affairs bodies play an active role. Together with state bodies, control over the protection and use of wildlife is also carried out by fishermen's and hunters' societies, public inspectorates for the protection of wildlife, created under the bodies of hunting supervision and fish protection.

2. RIGHT TO USE ANIMAL OBJECTS

The users of the animal world, in accordance with the law, may be state, public enterprises, institutions, organizations and citizens. They can carry out the following types of use of the animal world: hunting, fishing (including the catching of invertebrates and marine mammals that are not objects of hunting and fishing); for scientific, cultural, educational, educational and aesthetic purposes; the use of useful properties of the vital activity of animals soil formers, natural orderlies among pollinators of plants, etc.; for the production of animal waste products.

The most common uses of wildlife are hunting and fishing.

Hunting is defined as a type of activity permitted by law, consisting in the pursuit for the purpose of production and in the extraction (shooting, trapping) of wild animals and birds in a state of natural freedom by a person who has the right to hunt. Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with obtained products is equated to hunting.

The legal regulation of hunting is carried out on the basis of both the law "On the Fauna" and some special regulatory legal acts, including the Regulations on hunting and hunting facilities, approved by a resolution of the Council of Ministers of the RSFSR of October 10, 1960 (with subsequent amendments and additions), Model hunting rules in the RSFSR of 1988, etc.

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunters' societies, who have passed tests according to the hunting minimum and paid the state fee in the prescribed amount.

Fishing commercial fishing, harvesting of aquatic invertebrates and marine mammals, as well as amateur and sport fishing and harvesting of aquatic invertebrates is carried out in accordance with the established procedure.

The most general special act regulating fisheries is the Regulation on the Protection of Fish Stocks and on the Regulation of Fishing in the Water Bodies of the USSR, approved by a decree of the Council of Ministers of the USSR of September 15, 1958, with subsequent amendments and additions.

Fishing is different commercial, sports and amateur . Moreover, the legislation does not establish formal criteria that distinguish between sports and recreational fishing. There are also no differences in their legal regulation.

All water bodies that are used or can be used for commercial fishing or are important for the reproduction of fish stocks are considered to be fishery. The list of water bodies intended to preserve the reproduction and production of fish resources is determined by the Government of the Russian Federation and the executive bodies of the constituent entities of the Russian Federation.

Fishery production is carried out on fishery sites provided for use under contracts and licenses to legal entities and individuals.

Amateur fishing and sports Fishing is carried out for personal consumption free of charge in all water bodies, with the exception of nature reserves, fish hatcheries, pond and other cultural fish farms, in compliance with the established rules for fishing and water use.

1. LEGAL PROTECTION OF ANIMAL WORLD.

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, protecting the habitat of objects of the animal world. In particular, the conservation of wildlife objects can be achieved by changing the type of use of wildlife with the prohibition of the removal of wildlife objects from the habitat and the organization of the use of these objects without withdrawal for cultural and educational purposes, recreational and aesthetic purposes, including the organization of ecological tourism.

Since the possibilities of preserving wildlife objects and their habitat largely depend on the conditions for the implementation of a variety of human economic activities, the regulation of the relevant relations is specifically provided for in Ch. III Law "On the Animal World". Here, a general rule is established, according to which any activity that entails a change in the habitat of objects of the animal world and the deterioration of the conditions for their reproduction, feeding, rest, migration routes, must be carried out in compliance with the requirements that ensure the protection of the animal world. Economic activity related to the use of objects of the animal world must be carried out in such a way that the objects of the animal world permitted for use do not worsen their own habitat and do not cause harm to agriculture, water and forestry.

The general rules of the law under consideration are developed in the Decree of the Government of the Russian Federation of August 16, 1996, which approved the “Requirements for the Prevention of the Death of Animal World Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmission Lines”. The requirements regulate production activities in order to prevent the death of wildlife objects living in natural freedom as a result of habitat changes and disruption of migration routes; getting into water intake structures, units of production equipment, under moving vehicles and agricultural machines; collision with wires and electric shock, exposure to electromagnetic fields, noise, vibration.

Taking into account the specificity of harmful effects, the said resolution regulates the requirements for the protection of wildlife in the implementation of agricultural, forestry and forestry, industrial and water production processes, the operation of transport highways and facilities, pipelines, in the design, construction and operation of communication lines and power transmission.

Thus, in the implementation of agricultural production processes, it is not allowed to use technologies and mechanisms that cause mass death of objects of the animal world or a change in their habitat. In the production of field agricultural work, it is necessary to use technology, specially equipped agricultural machinery, work procedures that exclude the possibility of death of animals.

When creating and operating irrigation and reclamation structures in natural habitats, on migration routes and in places of seasonal concentration of wildlife objects, it is necessary to provide conditions for their free and safe movement through these structures, to equip water intake structures and channels of irrigation and drainage systems with special protective devices.

In order to protect the animal world, a stricter regime for the use of animals in reserves, wildlife sanctuaries and other specially protected areas is established. It prohibits the use of wildlife and other activities that are incompatible with the goals of conservation.

Of great importance is the protection of rare and endangered species of animals. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed.

CONCLUSION

If we consider the situation with the protection of animals in the Krasnodar Territory, it can be noted that we have a fairly large number of adverse factors that affect the animal world. These include violations of the rules for the use of pesticides and mineral fertilizers, environmental pollution, deforestation, incl. and on the territory of nature reserves and the national park, continuous plowing of the steppes, planting of monocultures, construction and operation of hydraulic structures, a sharp change in the water level in reservoirs, burning of plant residues in fields and reed beds.

These, as well as the socio-economic conditions that have developed in recent years (including sharply increasing poaching) have led to a decrease in the number of the main species of game animals in the region. Over the past 10 years, the number of wild boar has decreased by 57%, deer by 62%, roe deer by 65%. The issue of prohibition of hunting ungulates in the territory of the region has become topical.

The number of such valuable fur animals as muskrat, raccoon, and marten continues to decline. With the abolition of the state monopoly on furs, the level of procurement fell rapidly, and it is impossible to determine the actual production, because. a significant number of firms and citizens began to engage in this type of activity. It is urgent to consider the issue of licensing this activity.

In recent years, the pressure on hunting grounds has increased significantly. By the beginning of 2001, the number of hunters in the region was over 100 thousand people. The activities of some new public hunting organizations that do not have hunting grounds issue hunting tickets and collect membership fees are alarming. They do not provide any information to state bodies about their activities.

Unfortunately, local environmental services, when such facts are revealed, are far from always able to take effective measures. In this regard, it is necessary to strengthen the coordination of all public services with the involvement of the main hunting users and create a regional council for hunting. State hunting reserves are of great importance for the hunting economy of the region. With an area of ​​reserves of 4.2% of all hunting grounds in the region, about a third of all ungulates are concentrated here.

It is necessary to continue work on increasing the area of ​​reserves, observing the regimes of their activities, and improving financing. In connection with a sharp rise in the price of feed, fuels and lubricants, transport, work on breeding and resettlement of game animals has practically ceased. Significantly reduced the volume of biotechnical and security measures. Work on the fight against harmful predators has been weakened, which in the coming years may lead to an increase in the death of domestic animals. Currently, only game animals are protected, in an outdated legal framework.

As before, in most cases, the catching of animals that are not objects of hunting and fishing, most insects, non-commercial birds, incl. listed in the Red Book of Russia. The industrial harvesting of aquatic invertebrates, the harvesting of snake venom, and the collection of collections of rare and endangered species of birds and insects are developing almost uncontrollably.

These problems deserve close study and should come under the scrutiny of the work on licensing certain types of activities that began in the committee.

And in conclusion, we can say that the growing threat of environmental catastrophe on a global scale causes an awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international society.

The loss of any biological species of wildlife damages the interests of society, leads to irreparable losses of the gene pool, carries the danger of destroying entire ecosystems, weakening the protective functions of the biosphere.

LIST OF REGULATIONS AND LITERATURE USED.

1. Constitution of the Russian Federation of December 12, 1993.
2. On environmental protection: Federal Law of the Russian Federation of December 20, 2001. // Russian newspaper. 2002. January 12.
3. About the animal world: Federal Law of the Russian Federation of April 24, 1995 N 52-FZ // СЗ RF. 1995 No. 17. Art. 1462.
4. On the continental shelf of the Russian Federation: Federal Law of the Russian Federation of November 30, 1995 No. 187-FZ with amendments and additions of February 10, 1999 // Rossiyskaya Gazeta. 1995. December 7th.
5. On the exclusive economic zone of the Russian Federation: Federal Law of the Russian Federation of December 17, 1998 N 191-FZ // СЗ RF. 1998 No. 51. art. 6273.
6. "On specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat" Decree of the Government of the Russian Federation of January 19, 1998 N 67 // Rossiyskaya Gazeta 1998. January 31.
7. "On Approval of the Requirements to Prevent the Death of Animal Objects in the Implementation of Production Processes, as well as in the Operation of Transport Highways, Pipelines, Communication Lines and Power Transmissions" Decree of the Government of the Russian Federation of August 13, 1996 N 997 // СЗ RF. 1996, N 37, art. 4290.
8. "On the list of wildlife objects classified as hunting objects" Decree of the Government of the Russian Federation of December 26, 1995 N 1289with amendments and additions dated November 23, 1996. and dated July 30, 1998/ Russian newspaper 1996. February 15.
9. "On the procedure for maintaining state records, the state cadastre and state monitoring of wildlife objects" Decree of the Government of the Russian Federation of November 10, 1996 N 1342 // СЗ RF. 1996, N 47, art. 5335.
10. Erofeev B.V. Land law. M., 1998.
11. Environmental Law // Ed. Petrova V.V. M., 1995
12. Land Law of Russia // Ed. Petrova V.V. M., 1995