The object of legal protection of the animal world is. Legal regulation of the use and protection of wildlife

Bulletin of Omsk University. Series "Law". 2017. No. 3 (52). pp. 123-127.

DOI 10.25513/1990-5173.2017.3.123-127

LEGAL PROTECTION OF WILDLIFE: THEORY AND PRACTICE

LEGAL PROTECTION OF WILDLIFE: THEORY AND PRACTICE S. V. IVANOVA

The author examines the main legal measures for the protection of wildlife: conservation, rational use, acclimatization, regulation of the number of wildlife objects. An opinion is expressed about the need for an integrated and systematic approach to the conservation of wildlife. The current legislation on wildlife, aimed at regulating relations for the protection of wildlife objects, is analyzed.

Keywords: objects of the animal world; biological diversity; protection of wildlife; conservation of natural ecological systems; impact on fauna.

In article the author considers the principal legal measures of protection of fauna: conservation, sustainable use, acclimatization, regulation of the number of objects of the animal world. The author suggests the necessity of comprehensive and systematic approaches to the conservation of the animal world. The article analyzes the existing legislation on the animal world, aimed at regulation of relations on protection of objects of the animal world.

Key words: wildlife; biodiversity; wildlife protection; conservation of natural ecological systems; the impact on wildlife.

The animal world is a source of benefit and pleasure for humans, the primary source of production and the condition of its biological existence. Wild animals provide great benefits by satisfying various human needs. People use the animal world without much caution, without thinking about whether this natural object must be preserved for present and future generations. Unfortunately, human needs for the use of animal objects are developing much faster than awareness of the need for their protection. Human impact on the animal world leads to a decrease in the number of its individual species or their destruction. The fauna is one of the renewable natural resources that, under certain natural conditions, can be constantly restored as they are used. This creates the impression that in nature “some kind of natural

harmony, some kind of natural balance. And this could have been the case if man, through his activities, had not sharply disrupted this natural balance.” The pace of anthropogenic intervention does not correlate with the time it takes for natural populations of animal species to recover. To restore them and ensure expanded reproduction, it is necessary to create certain conditions. The recovery process has its own time limits. As a result, when the “natural balance” is disturbed, it becomes necessary to take measures to protect the animal world. The protection of wildlife is becoming a task of international and national importance and requires comprehensive, integrated legal regulation.

Basic provisions on the protection of wildlife in Russian Federation enshrined in the Federal Law “On the Protection environment» and Federal Law

"About the animal world." Along with the above regulations, there is quite developed legislation aimed at the use and protection of wildlife. Under these conditions, the need naturally arises for a detailed study of the theory and practice of legal protection of wildlife, a comprehensive analysis of the features of measures for the protection of wildlife in order to form theoretical basis further development of relations for the protection of wildlife.

One of the main tasks of wildlife conservation is the protection of wildlife objects from anthropogenic impact. With the development of economic relations forms negative impact Human influence on the animal world is becoming more and more diverse. If in the distant past people “destroyed a number of animal species for various purposes and changed their living conditions by burning vegetation,” then at present, habitat disturbance occurs due to the draining of swamps, the creation of reservoirs, and deforestation. The range of anthropogenic factors and the forms of their negative impact on the animal world is wide and varied. The whole variety of impacts can be divided into two main groups: direct and indirect. “Direct impacts are aimed at destroying animal and plant populations as a result of: excessive production volumes, low fishing standards; illegal fishing, collection and collection of living organisms; irrational and indiscriminate control of weeds and pests in agriculture and forestry; death of animals on engineering structures; destruction by the population of animals and plants considered dangerous, harmful or nuisance. Indirect impacts are aimed at the destruction of natural ecosystems as a result of: their transformation into agricultural land, including the plowing of steppes; conducting forestry using irrational methods; various types construction; mining; draining swamps; anthropogenic water and wind soil erosion; hydraulic construction, creation of reservoirs, destruction of small rivers." Among the reasons for the reduction in the number

infestation and disappearance of wild animals should include the impact on animals chemicals(pesticides, petroleum products); vehicles on highways, during haymaking; destruction on power lines; in the process of extraction (seizure) and special extermination for the protection of hunting resources, aquatic biological resources; introduction of plant and animal species. It should be noted that this list of negative anthropogenic impacts on wildlife is not exhaustive. Great harm to wild animals is caused by floods, forest fires, drought, landslides and other natural phenomena. Thus, negative anthropogenic impact occurs both directly on objects of the animal world and on natural ecological systems. Therefore, the implementation of measures to protect wildlife must become comprehensive and include measures to protect the animals themselves and their habitat, as well as measures to protect natural ecosystems. Only in direct combination of these measures is it possible to ensure effective protection of wildlife.

One of the main elements of wildlife conservation is the conservation biological diversity. The conservation of biodiversity is understood as a complex of active actions, including both direct measures for the conservation, restoration and sustainable use of biodiversity, and the use of socio-economic mechanisms that determine the impact of various population groups and economic structures on it.

The fauna is the property of the peoples of the Russian Federation, fully protected and rationally used to satisfy the spiritual and material needs of citizens of the Russian Federation. As Professor O. S. Kolbasov rightly noted, “nature protection cannot be ensured without relations regarding its use, because in this area the most significant impact of society on the natural environment occurs.” Therefore, the rational use of the animal world consists in its fullest use.

research to meet various human needs at the lowest cost. However, the use natural resources“with a focus on immediate individual needs, without taking into account the reserves of these resources and the indirect consequences of their exploitation, can bring long term irreparable or difficult to eliminate harm. Therefore, such use of natural resources is not rational and cannot be allowed.” An example is the active hunting of certain species of wild animals in violation of the maximum established production volumes. Rational use also includes the use of fauna in such ways and means that eliminate the mass death of wild animals (for example, catching fish using an electric fishing rod).

The rational use of wildlife must be carried out on the basis of sustainable use. “Sustainable use of wildlife is the use of wildlife that does not lead in the long term to the depletion of the biological diversity of wildlife and in which the ability of wildlife to reproduce and sustainably is preserved.” Thus, the rational use of wildlife has economic and environmental aspects. The economic aspect is manifested in the satisfaction of human material needs in the animal world. The ecological aspect is to maintain the optimal numbers of various species of wild animals.

Along with rational use and conservation, an important element of protecting the animal world is its restoration. Restoration of wildlife includes a set of measures aimed at maintaining the optimal number of wildlife objects (reducing or increasing their number) and their habitat in cases where its area decreases.

The number of animals is restored through natural reproduction. In cases where there is a reduction or destruction of wild life habitats,

species, restoration measures such as relocation of fauna to new habitats and reproduction in an artificially created habitat are used.

Acclimatization of fauna objects new to the Russian Federation, as well as measures for the hybridization of fauna objects should be considered an improvement in the animal world. “Scientifically based acclimatization of animals is a useful activity and is widely used as a means of enriching the animal world.” However, if hybridization, relocation, or acclimatization is carried out without scientific justification, such actions can disrupt the biological balance among the species of a certain ecosystem and cause harm. Therefore, the acclimatization of objects of the animal world, their relocation to new habitats, as well as measures for the hybridization of objects of the animal world are allowed only with the permission of specially authorized state bodies of the Russian Federation for the protection, control and regulation of the use of objects of the animal world and habitat, in the presence of a conclusion from the competent scientific organizations, taking into account environmental safety requirements.

In our opinion, the protection of the animal world is the activity of organs state power of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations and non-profit organizations, legal and individuals aimed at the conservation, restoration, rational use and improvement of wildlife, their habitats and natural ecological systems through technical and legal measures. The technical aspect of wildlife protection represents the material and technical activities of government officials, members public organizations, citizens, aimed at studying and implementing the protection of wildlife objects. The legal aspect of the protection of wildlife is expressed in the activities of the competent state bodies in preparing, adopting

and publication of regulatory legal acts in the field of wildlife protection.

One of the most important areas for improving wildlife conservation activities is the creation of effective and efficient incentives. Stimulating activities for the protection of wildlife should serve as an organizational mechanism that would allow combining the interests of further development of relations on the use of wildlife and relations on its protection. The incentive system for these activities involves increasing the interest of legal entities, individual entrepreneurs, citizens in carrying out measures to protect wildlife. In accordance with the Federal Law “On Wildlife,” encouraging the protection, reproduction and sustainable use of wildlife objects includes: the establishment of tax and other benefits provided to legal entities and citizens ensuring the protection, reproduction and sustainable use of wildlife objects, as well as the protection and improving the condition of their habitat; providing legal entities with preferential loans to carry out work on the protection and reproduction of wildlife; awarding bonuses to officials and citizens involved in the protection of wildlife for identified violations of the legislation of the Russian Federation on the protection and use of wildlife. The operation of the economic incentive system is ensured by special legislation of the Russian Federation. This includes, first of all, tax, banking, and budget legislation.

According to Art. 473 Tax Code Russian Federation from paying a fee for the right to use objects of the animal world and aquatic biological resources certain categories of taxpayers are exempt. Thus, tax benefits in the form of exemption from paying fees for the right to use wildlife and aquatic biological resources are provided only to citizens and legal entities whose activities are directly related to the use of wildlife.

However, for legal entities and citizens whose activities are not directly related to the use of animal objects, but have an impact on them, tax benefits are not provided for by law. The activities of industrial enterprises and agricultural organizations cause enormous harm to the animal world, their habitat, as well as natural ecological systems. “In its internal essence, a commodity producer is not interested in environmental protection, because economically and technically he can produce more products at lower costs if he does not spend money on environmental protection. Therefore, the task of introducing environmental tax benefits is to stimulate the enterprise to change the technological process in favor of environmentally friendly production. Increasing the environmental friendliness of production can be achieved, firstly, through the acquisition of treatment facilities. For the enterprise, both fees and the acquisition of treatment facilities lead to increased costs. Tax benefits in this case compensate for additional costs associated with financing measures to reduce emissions. Second, for a production process in which a hazardous substance is a necessary by-product, tax incentives may encourage the substitution of a greener product for production of a non-green product. Noting the importance of economic incentives for the protection of wildlife, we consider it necessary to develop a mechanism for providing tax benefits legal entities and citizens whose activities are not related to the use of animal objects.

Among the economic incentive measures, the Federal Law “On Wildlife” includes the provision of preferential loans to legal entities. However, banking legislation does not have a mechanism for implementing this provision. Providing legal entities with preferential loans to carry out work on the protection and reproduction of wildlife objects involves the provision cash under certain conditions, at reduced interest rates. In credit institutions, commercial

There are no programs in commercial banks to provide preferential loans for work on the protection and reproduction of wildlife. It should be assumed that due to the economic crisis, which directly affected the banking system, one should not expect the development and implementation of a provision on providing preferential loans to legal entities in the near future. Thus, the provisions of Art. 54 of the Federal Law “On Wildlife” are declarative, referential in nature to special legislation that does not provide for a legal mechanism for the implementation of the provision of economic incentive measures

Consequently, at present there is no comprehensive system of measures to stimulate activities for the protection of wildlife, and individual measures, for example, employee incentives, without combination with a set of others, do not give a positive result. In our opinion, given the relevance and significance of the use of economic incentives for the purpose of protecting wildlife, it is advisable to develop a mechanism for implementing forms of incentives enshrined in legislation. It is also advisable to use rich practical experience foreign countries on the application of economic incentive measures. “Taking into account the experience of foreign countries, we can propose the following ways to create a comprehensive system for stimulating environmental activities. It is necessary to develop a scientific concept for a gradual reduction in the level of unfavorable environmental manifestations (emissions, pollution, etc.), including the entire set of unfavorable environmental factors, taking into account the characteristics of the

our country, as well as its individual regions."

1. Stainoe P. Legal issues of nature protection / ed. Doctor of Law Sciences O. S. Kolbasova. - M.: Progress, 1974. - P. 25.

2. Laptev I. P. Scientific Basics nature conservation. - Tomsk, 1970. - P. 63.

3. Fifth national report"Conservation of biodiversity in the Russian Federation." -M. : Ministry of Natural Resources. resources and ecology of the Russian Federation, 2015. - P. 30.

4. National Strategy for the Conservation of Biological Diversity of Russia. Moscow, 2002. - P. 23. - URL: http://www.caresd.net/pdf (access date: 05/05/2017).

5. On the animal world: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.

6. Kolbasov O. S. Nature conservation // Soviet state and law. - 1972. - No. 2. - P. 16.

7. Konstantinidi S.S. Protection of the animal world: (Legal issues). - Alma-Ata: Kai-nar, 1975. - P. 65.

8. On the animal world: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.

9. Kolbasov O. S. Nature conservation according to Soviet legislation. - M.: Publishing house of legal literature, 1961. - P. 49.

10. On the animal world: Federal Law of April 24, 1995 No. 52-FZ // SZ RF. - 1995. - No. 17. - Art. 1462.

11. Part two of the Tax Code of the Russian Federation of August 5, 2000 No. 117-FZ // SZ RF. - 2000. - No. 32. - Art. 3340.

12. Kireenko A. P., Baturina O. V., Golovan S. A. The use of tax incentives in regulating the state of the environment: foreign experience and prospects in Russia // News of the Irkutsk State Economic Academy. - 2014. - No. 1. - P. 25-33.

13. Rostovshchikova E. A. Environmental protection activities in the Russian Federation: incentives for development // Young scientist. - 2014. - No. 21. -S. 77-79.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Animal habitat protection.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Since ancient times, the animal world has been a subject of economic interest for people, an object of hunting and fishing, and a source of industrial, technical, and medicinal raw materials. However, destruction of animal habitats as a result of expanding economic activity, land development, deforestation, environmental pollution, as well as predatory exploitation of the animal world lead to a reduction in the number of many animal species and a decrease in the diversity of living organisms.

The protection and rational use of wildlife, which constitutes the heritage of the peoples of the Russian Federation, is an important state task, the implementation of which is aimed at meeting the economic, environmental and spiritual needs of society (Article 1 of the Federal Law “On Wildlife”). And, first of all, legal regulation of this problem is important here.

The fauna as an object of legal regulation is a collection of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the country and are in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation (Article 1 of the Federal Law “On Animals”) world").

From this concept of the animal world it follows that animals that are objects of legal protection must have a number of characteristics.

Firstly, we're talking about only about wild animals and, secondly, about those that live in a state of natural freedom (on land, in water, in the atmosphere and in soil). Relations regarding agricultural and other domesticated animals, as well as animals kept in captivity, are regulated not by environmental law, but by civil and other branches of legislation. Thirdly, animals can be in the country temporarily or permanently. This sign takes into account the characteristics of the life activity of migrating animal species.

Animals mean all organisms of animal origin: animals, birds, fish, reptiles, amphibians, insects, etc. The natural resources of the continental shelf and the exclusive economic zone of the Russian Federation include all types of fish, shellfish, marine mammals, crustaceans, as well as living organisms of “sessile” species of the seabed and its subsoil and other aquatic biological resources.

Thus, the concept of fauna does not cover all living organisms located on the territory of the country, but is quite broad, since it applies not only to the most valuable economically part of the wild fauna - objects of hunting and fishing (wild animals, birds and fish) - but also on many other representatives.

Ownership of wildlife

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

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

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

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

In accordance with the Federal Law “On Fauna” and the Decree of the President of the Russian Federation “On federal natural resources» federal property includes the following fauna:

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

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

Concept and types of right to use wildlife

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

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

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

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

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

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

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

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

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

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

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

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

Wildlife users are obliged to:

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

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

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

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

Legal protection of wildlife

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Federal Service for Supervision of Natural Resources.

Chapter III. Protection of fauna and their habitats

Article 18. State programs for the protection of wildlife and their habitats

Article 19. Organization of protection of wildlife and its habitat

A mandatory measure for the protection of wildlife is the state environmental assessment, carried out in accordance with the 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 the objects of the animal world and their habitat.

Fertilizers, pesticides and biostimulants for plant growth, as well as materials justifying the volumes (limits, quotas) of removal of fauna objects and carrying out work on acclimatization and hybridization of these objects are subject to mandatory state environmental examination.

Article 21. Establishment of restrictions and prohibitions on the use of wildlife objects

In order to preserve and reproduce objects of the animal world and their habitat, the implementation of certain types of use of the animal world, as well as the use of certain objects of the animal world, may be limited, suspended or completely prohibited in certain territories and waters or for certain periods by decision of the federal executive body or the highest executive body of state power of a constituent entity of the Russian Federation within the limits of their competence on the proposal of the corresponding specially authorized state body for the protection, federal state supervision and regulation of the use of wildlife and their habitats in accordance with the division of powers provided for in Articles 5 and 6 of this Federal Law.

Article 22. Conservation of the habitat of fauna

When locating, designing and constructing settlements, enterprises, structures and other objects, improving existing and introducing new technological processes, introducing wetlands, coastal and bush-occupied virgin lands into economic circulation, land reclamation, using forests, conducting geological exploration work, mining, determining places for grazing and running farm animals, developing tourist routes and organizing places for mass recreation of the population and carrying out other types of economic activities, measures must be envisaged and carried out to preserve the habitat of fauna and the conditions for their reproduction, feeding, recreation and migration routes , as well as to ensure the inviolability of protective areas of territories and water areas.

In protective areas of territories and water areas, certain types of economic activities are prohibited or the timing and technologies for their implementation are regulated if they violate life cycles objects of the animal world.

When allocating protective areas of territory with restrictions on economic activity on them, the owner, owner or tenant of these areas is paid compensation in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 23. Protection of fauna and its habitat in specially protected natural areas

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

Article 24. Protection of rare and endangered fauna

Rare and endangered objects of the animal world are included in the Red Book of the Russian Federation and (or) the Red Books of the constituent entities of the Russian Federation.

Actions that could lead to death, reduction in numbers or disruption of the habitat of fauna listed in the Red Books are not permitted. Legal entities and citizens carrying out economic activity in the territories and water areas where animals listed in the Red Books live, bear responsibility for the conservation and reproduction of these objects of the animal world in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Article 25. Relocation and hybridization of fauna objects

Acclimatization of fauna objects new to the fauna of the Russian Federation, relocation of fauna objects to new habitats, as well as measures for the hybridization of fauna objects are permitted only with the permission of specially authorized state bodies of the Russian Federation for the protection, control and regulation of the use of fauna objects and habitats in the presence of a conclusion from competent scientific organizations, taking into account environmental safety requirements.

Article 26. Maintenance and breeding of fauna in semi-free conditions and artificially created habitats

Keeping and breeding of objects of the animal world in semi-free conditions and artificially created habitats is permitted only with permits from specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat, issued in accordance with the division of powers provided for in Articles 5 and 6 of this Federal Law.

Article 27. Regulation of the number of fauna objects

Article 28. Prevention of diseases and death of wildlife during production processes, operation of vehicles and communication and power lines

State veterinary supervision authority and government agency sanitary and epidemiological surveillance monitors the occurrence and spread of diseases of animal objects, registers all identified cases of diseases of animal objects and takes the necessary measures to prevent the occurrence and spread of diseases and their elimination.