Hunting is the oldest form of use of the animal world. The legal regulation of hunting, hunting management is assigned one of the central places in the system of legislation on the animal world. Relations in the field of hunting and hunting are governed by the Federal Law "On the Wildlife", a special federal law and other federal laws adopted in accordance with it, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Federation.
The list of wildlife objects classified as hunting objects, based on their status, number, traditions in use, types and quality of products obtained, is compiled by a specially authorized state body for the protection, control and regulation of the use of wildlife objects in agreement with the executive authorities of the constituent entities of the Federation and approved by the Government of the Russian Federation (Article 41 of the Law on the Wildlife).
The list of wildlife objects classified as hunting objects was approved by the RF Government Decree of December 26, 1995 No. 1289 (as amended on July 30, 1998). "Thus, mammals that are objects of hunting include: wolf, jackal, fox, corsac, arctic fox, raccoon dog, raccoon, bears, lynx, wolverine, badger, martens, sable, harza, wild cats, weasel, ermine, mink, otter, hares, wild rabbit, beavers, marmots, flying squirrel, squirrels , wild boar, musk deer, wild reindeer, roe deer, elk, red deer, sika deer, fallow deer, musk ox, mouflon, saiga, chamois, Siberian mountain goat, rounds, bighorn sheep, etc.
Birds - objects of hunting - include: geese, brants, ducks, capercaillie, black grouse, hazel grouse, partridges, quail, partridge, pheasants, ulars, corncrake, moorhen, coot, lapwings, shawls, curlews, snipe, great snipe, hornbeam, woodcock, saja, pigeons, turtle doves, etc.
The species, subspecies and populations listed in the Red Data Book of the Russian Federation and the Red Data Books of the constituent entities of the Federation cannot be classified as objects of hunting. For the traditional needs of the indigenous peoples of the North, Siberia and the Far East, loons, cormorants, skuas, gulls, terns,
1 SZ RF. 1996. No. 2. Art. 120; 1998. No. 32. Art. 3904.
other, except for the species, subspecies and populations included in the Red Book of the Russian Federation and the red books of the subjects of the Federation.
In the decree of the Council of Ministers - the Government of the Russian Federation of July 26, 1993 No. 728 "On amateur and sport hunting in the Russian Federation" the procedure for the implementation of amateur and sport hunting is determined. Amateur and sport hunting with permitted hunting tools, as well as hunting dogs and birds of prey can be carried out by all Russian citizens who have passed tests in accordance with the rules of hunting, hunting safety, handling hunting weapons and having paid the state fee in the established amount. Amateur and sport hunting in compliance with the established rules in the grounds in which the hunting economy is conducted by public hunting organizations, other legal entities and individuals, is carried out with their permission, and in other hunting grounds - with the permission of the state hunting management bodies.
Hunting tickets issued by state hunting management bodies, or membership hunting tickets issued by public hunting organizations, with a mark of these organizations about passing tests according to the rules of hunting, hunting safety, handling hunting weapons and paying state duty, and a voucher (license) issued in accordance with the established procedure. Hunting is allowed if there is a permit to store and carry hunting weapons. The form of membership hunting tickets is determined by the hunting management body.
The procedure for issuing hunting tickets is governed by the Instruction on the procedure for issuing hunting tickets and accounting for hunters in the Russian Federation, approved by order of the Ministry of Agriculture of Russia dated May 23, 1998 No. 302. A hunting ticket is a certificate for the right to hunt for Russian citizens. For foreign citizens, such a certificate is a hunting ticket of a foreign hunter.
Hunting tickets for the right to hunt with firearms are issued to Russian citizens who have reached the age of 18. This is due to the fact that the Federal Law of December 13, 1996, No. 130-FZ "On Weapons" (as amended on August 8, 2001) secures the right to purchase hunting weapons only in relation to Russian citizens who have reached the age of 18 , after obtaining a license for the acquisition of a specific type of weapon in the internal affairs bodies at the place of residence (Article 13) 1. In the constituent entities of the Federation, where the legislative (representative) bodies have lowered the age, upon reaching which the use of hunting firearms is permitted, hunting tickets for the right to hunt with firearms are issued upon reaching the age established for possession of a firearm.
The issue of issuing a hunting ticket is considered on the basis of an application by a Russian citizen in the established form and a document confirming citizenship. A hunting ticket of a foreign hunter is issued at the request of the party organizing the hunt, a copy of a contract or an invitation to hunt and permission from the Ministry of Internal Affairs of Russia to import weapons into Russia. After the expiration of the validity period, the hunting ticket is subject to replacement upon application of the established form and the availability of a hunting ticket. When changing the place of residence, the hunter must be deregistered with the organization that issued the ticket, and within two weeks be registered at the new place of permanent residence.
The basis for the issuance of a hunting ticket (a hunting ticket for a foreign hunter) is the passing of tests according to the rules of hunting, hunting safety and handling hunting weapons. Before the issuance of a hunting license, a state fee is paid. A hunting ticket is issued at the place of permanent residence for a period of five years and is subject to mandatory annual registration with the authorities that issued it until March 31. The hunting ticket is invalidated without the registration mark. A hunting ticket of a foreign hunter is issued at the place of hunting for the duration of the contract or invitation to hunting.
Hunting tickets and hunting tickets of a foreign hunter are issued by the Department for the Protection and Rational Use of Hunting Resources of the Ministry of Agriculture of Russia and its territorial divisions.
I The order of granting hunting grounds for use is stipulated by the order of the Government of the Russian Federation of October 23, 1993 No. 1434-r 2. In order to stimulate the implementation by game users of measures for the protection and reproduction of wild animals by attracting their own funds to the state
- 1 SZ RF. 1996. No. 51. Art. 5681; 2001. No. 33. Part 1. Art. 3435.
- 2 SZ RF. 1996. No. 44. Art. 4210.
the authorities of the constituent entities of the Federation are recommended to provide hunting users with grounds for hunting for a period of at least 25 years. Hunting farms should be allocated land plots and hayfields free of charge, including from the composition of forest lands, at the rate of one hectare per 10 thousand hectares of hunting grounds assigned to them. Hunting users are issued free permits (licenses) for the use of those species of wild animals in the hunting grounds assigned to them, which they raised and settled in these grounds at their own expense and brought their number to the commercial level.
The legislation of the subjects of the Federation also reflects the issues of hunting regulation. For example, Art. 6 of the Law of the Moscow Region of July 12, 2000 No. 43 / 2000-03 "On hunting and hunting in the Moscow region" recognizes as hunting animals objects of the animal world (wild birds and mammals), assigned in the prescribed manner to objects of hunting, living in the state natural freedom, as well as released for breeding in hunting grounds. The list of species of game animals classified as objects of hunting on the territory of the region is established by the executive state authority of the Moscow region on the basis of the list approved by the Government of the Russian Federation, taking into account the species of game animals inhabiting the territory of the region.
The legal regime of hunting grounds is defined in Art. 7 of the Law. The hunting grounds of the Moscow Region include all territories used for agriculture and forestry, reserve lands, forest fund or forest areas not included in the forest fund, as well as water bodies (water areas) that are the habitat of hunting animals and can be used for hunting and hunting management. Hunting grounds do not include territories, special-purpose waters, territories of settlements, industrial facilities, transport and other territories where hunting and hunting is impossible or prohibited in the prescribed manner.
The hunting grounds of the Moscow Region are divided into grounds provided for use by the hunting user for organizing and maintaining the hunting economy; common areas not provided for use; grounds closed for hunting (specially protected natural areas). The procedure for the use of hunting animals in areas closed for hunting is determined by the provisions on them, approved in the prescribed manner.
The right to use hunting animals is separated from the right to use lands, waters and forests, which are hunting grounds, for purposes not related to hunting. The assignment of the right to use the hunting grounds provided to the hunting user, their sale, lease, pledge and other transactions are not allowed.
Hunting is a type of use of hunting animals in a state of natural freedom, with their removal from their habitat. Hunting includes tracking, pursuit for the purpose of prey and the actual production of game animals using hunting tools. Hunting is equivalent to being in hunting grounds with an uncovered, assembled and / or loaded firearm (including a covered loaded weapon, the disassembly of which is not provided for by the manufacturer), hunting tools or with hunting products (Article 8).
Hunting animals that are in a state of natural freedom in the hunting grounds of the region are, according to Art. 9 of the State Property Law. The delimitation of state ownership of game animals into federal property and property of the Moscow Region is carried out in the manner prescribed by federal legislation. The issues of possession, use, disposal of hunting animals in the Moscow region are under the joint jurisdiction of the Russian Federation and the region and are regulated by the legislation of the Russian Federation and the Moscow region.
Protection of hunting animals and hunting grounds should provide conditions for reproduction, sustainable use of hunting animals, preservation and improvement of the quality of hunting grounds. The tasks of protecting hunting animals and hunting grounds are solved through the development and implementation of special state programs and a set of administrative, economic, economic, operational and other measures.
The organization of the protection of hunting animals and hunting grounds is carried out by the state authorities of the Russian Federation and the Moscow Region within the limits of their powers established by legal acts that determine the status of these bodies. The protection of hunting animals and hunting grounds in the region is carried out by specially authorized state bodies, as well as by internal affairs bodies within their competence. In specially protected natural areas, in green zones, the protection of hunting animals is carried out in accordance with the provisions on them. In hunting grounds provided for use, ensuring the protection of hunting animals, including rare and endangered species, and rendering assistance to state bodies in the implementation of the protection of the animal world is assigned to game users.
In the performance of their duties for the protection of game animals and hunting grounds, officials of state bodies have the rights determined by the relevant federal laws. When protecting hunting animals and hunting grounds, full-time employees of hunting users in the manner prescribed by the legislation of the Russian Federation and the Moscow region have the right:
wearing a personal hunting weapon with a rifled barrel as a service one in the respective hunting grounds while on duty, following to the place of work and participating in joint activities of state bodies and game users to protect hunting animals;
check documents for the right to hunt, inspect hunting tools and hunting products from persons in hunting grounds;
draw up protocols for violators of the hunting rules with their subsequent transfer to the Moscow Regional Department of Hunting, and in cases where the identity of the violator cannot be established at the place of violation, take measures to find out the identity and draw up a protocol;
take measures to transfer illegally obtained hunting products and prohibited hunting tools to the Moscow Regional Department of Hunting, and firearms (if the offender does not have a permit to store and carry it) - to the internal affairs bodies.
Staff members of the Rosokhotrybolovsoyuz Association and its member organizations, including the Dynamo All-Russian Physical Culture Sports Society and the Military Hunting Society and other organizations duly recognized as organizations with special statutory tasks, also have the right to carry personal hunting weapons.
Persons involved in the protection of hunting animals on a voluntary basis (public hunting inspectors) have the right to be with their personal hunting weapons in hunting grounds during the implementation of measures for the protection of animals, having with them the written permission of the Office for the Protection, Control and Regulation of the Use of Hunting Animals of the Moscow Region or its regional authority and under their control. Within the boundaries of the relevant hunting economy, public huntsmen have such a right when carrying out the above activities if there is a written permission from the hunting user and a fixed detour, and in the absence of such permission - only in conjunction with the regular employees of hunting users (Article 14 of the Law).
The use of hunting animals and hunting grounds must be carried out in compliance with federal and regional rules, standards, regulations and limits; with the provision of measures for the protection and reproduction of hunting animals, the preservation and improvement of the quality of hunting grounds; with the involvement of citizens and public associations in solving problems in the field of hunting and hunting economy; in humane ways.
The procedure for hunting is governed by the Hunting Rules on the territory of the Moscow Region, developed by the Moscow Regional Department of Hunting and approved by the executive body of the Moscow Region in the manner prescribed by the legislation of the Russian Federation (Article 16)
According to Art. 17 of the Law, all citizens of the Russian Federation have the right to hunt in the Moscow Region who have passed tests according to the Hunting Rules, hunting safety precautions, handling hunting weapons (hunting minimum), paid the state fee in the established amount and received a certificate for the right to hunt. It is also required that the person has reached the age of 18. Hunting firearms must be authorized for circulation on the territory of Russia. The right to hunt may be held by persons who have reached the age of 16 and have passed the hunting minimum tests with permitted hunting tools, except for hunting firearms.
Unarmed hunting for certain types of game animals, determined by the Moscow Regional Department of Hunting, can be carried out by citizens regardless of age and without obtaining a hunting license.
Hunting tickets issued by the Moscow Regional District Administration, or membership hunting tickets issued by public hunting organizations that are part of all-Russian public organizations (associations) of hunters and fishermen, with a mark from these organizations about passing the tests on the hunting minimum and paying the state duty ...
The procedure for conducting tests on the hunting minimum is determined by the Moscow Regional District Administration, and in agreement with it, the boards of the relevant public hunting organizations (associations). Tests on the hunting minimum are carried out by special commissions created under the Moscow Regional Hunting Administration and its structural divisions, as well as under the boards of all-Russian public hunting organizations (associations) and their territorial organizations. The composition of the examination committee is approved by the decision of the organization issuing a certificate for the right to hunt. Every citizen has the right to take an exam according to the minimum hunting program after independent preparation or after completing special courses created at the Moscow Regional Department of Hunting, or public hunting organizations (associations).
All hunters receive the right to hunt in the Moscow Region if they have a hunting or hunting membership card; permission of the internal affairs bodies for the right to keep and carry hunting weapons when hunting with the use of hunting firearms; a registered one-time license, as well as vouchers for services issued to the hunting grounds provided for use. Foreign citizens and stateless persons receive the right to hunt in accordance with the legislation of the Russian Federation. Hunting without proper documents is considered illegal.
According to Art. 19 of the Law, the provision of hunting animals and hunting grounds for use by the hunting user is carried out in the manner prescribed by the Federal Law “On the Animal World”, as well as the civil, land, water and forest legislation of the Russian Federation, specified by the Law and other regulatory legal acts of the Moscow region.
Hunting grounds in the Moscow region are provided to the hunting user for a period of at least 25 years for a fee or free of charge in accordance with the legislation of the Russian Federation and the region. The right to use hunting animals and hunting grounds is exercised by the hunting user on the basis of a long-term license for the use of the animal world issued by the Moscow Regional District Administration on the basis of the decision of the executive body of state power of the Moscow Region; an agreement on the provision of hunting grounds for use, concluded with the executive body of state power of the region.
Priority in the provision of hunting grounds for the use of hunting animals and hunting management is given to a hunting user located in the territory of the Moscow Region, who previously used hunting animals in the prescribed manner within certain boundaries of hunting grounds; to the owner of land, landowner and owner of the forest fund plot, having the appropriate funds and specialists. If there are several candidates of equal priority for the same hunting grounds, hunting animals are provided for use on the basis of tenders. The procedure for making a decision on the issuance of a long-term license for the use of wildlife and the provision of the declared hunting grounds, including on a competitive basis, is determined by the executive body of state power of the Moscow Region.
In accordance with the Federal Law "On Wildlife", civil, land, water and forestry legislation PCD, territories used for agriculture and forestry, as well as water bodies (water areas) that make up hunting grounds may be burdened with the necessary conditions to ensure the use of hunting animals, hunting and other types of use of the animal world. At the request of hunting users, within the boundaries of certain areas of hunting grounds, in agreement with the owners, owners and users of lands, waters and forests, the executive bodies of the Moscow Region may restrict or prohibit, in the prescribed manner, certain types of economic activities that damage hunting animals and worsen the quality of the habitat , conditions for breeding, rest, feeding and migration routes. Corresponding restrictions can be established on the basis of acts of the state authority of the Moscow region or a court decision in the manner prescribed by the legislation of the Russian Federation.
The right to use hunting animals and hunting grounds is terminated, respectively, in full or in part in the following cases: refusal from long-term use; expiration of the established period of use; systematic violations of the legislation of the Russian Federation and the legislation of the Moscow region on the animal world and on hunting, as well as the conditions for the use of hunting animals stipulated in a long-term license and agreement for the provision of hunting grounds; seizure of land for state needs, excluding hunting and hunting; in other cases provided for by the legislation of the Russian Federation.
The right to use hunting animals is terminated by canceling the long-term license for the use of wildlife objects by the Moscow Regional District Administration or by terminating the agreement on the provision of hunting grounds for use. With the complete termination of the right to use hunting animals and hunting grounds, their provision for use is carried out in accordance with the legislation of the Russian Federation and the Moscow region.
For the rational use of animal resources and their protection, hunting rules are developed and approved. Hunting rules are approved at the level of the subjects of the Federation. For example, the Rules for hunting on the territory of the Chelyabinsk region were approved by the decree of the government of the Chelyabinsk region of June 26, 1997 No. 37-p 1. The rules provide that hunting is recognized as hunting for the purpose of prey, pursuit and the prey itself of animals and birds in a state of natural freedom. Being in hunting grounds with firearms, traps and other hunting implements, as well as with dogs and birds of prey, or with hunted hunting products or hunting weapons assembled on public roads is equivalent to hunting.
Wild animals and birds that live in a state of natural freedom and are objects of hunting constitute the state hunting fund. Hunting grounds are land and forest areas, as well as water bodies that serve as habitats for wild animals and birds that can be used for hunting. Hunting grounds are subdivided into grounds assigned to legal entities (users of the animal world), in which hunting is carried out under permits issued to these users within the limits established by them, common grounds, in which hunting is allowed to citizens in the manner prescribed by the hunting rules, and grounds closed for hunting (reserves, protected areas of national parks, reserves, green areas). In reserves, national parks, wildlife sanctuaries, green zones, the procedure for the possible use of the state hunting fund is determined by the provisions on them.
The production of wild animals and birds can be carried out both in the order of commercial hunting (for the delivery of products under contracts with
- 1 Collection of laws and other regulatory legal acts of the Chelyabinsk region.
- 1997. № 6.
the purpose of processing and (or) sale), as well as in the order of amateur and sports hunting and the use of the obtained products for personal consumption of the hunter.
The right to hunt with hunting firearms, other permitted hunting weapons, as well as hunting dogs and birds of prey is enjoyed by all citizens of the Russian Federation who have passed tests in accordance with the rules of hunting, safety in hunting, handling hunting firearms and have paid the state fee in the established amount. The right to hunt with a hunting firearm is granted to persons who have reached the age of 18. The right to carry out amateur and sport hunting can be granted to persons who are not citizens of the Russian Federation, according to vouchers issued in accordance with the established procedure.
A hunter is obliged to have a hunting ticket or a hunting membership card, other necessary documents for the right to hunt and present them at the first request of persons authorized for inspection (employees of the body in charge of state management of the hunting economy, state supervision over the observance of hunting rules, protection of reserves and other special protected natural areas, protection of fishing, sports and other hunting farms, police, forest protection, fisheries supervision, state inspectors of the Committee for Ecology and Nature Management, public hunting inspectors and nature conservation inspectors, members of specialized voluntary people's guards) during the hunting period, when following the land or return from them, when transporting hunting products, selling or handing them over to procurement organizations. When checking, the hunter is obliged to present for inspection the firearms he has, hunting tools and hunting products, vehicles.
11 rules of hunting determine the procedure for carrying personal hunting weapons and service (service) weapons while on duty, the conditions for hunting (the presence of a certificate for the right to hunt, a special permit for the production of hunting animals, when hunting with hunting weapons - the permission of the Ministry of Internal Affairs of Russia for storage and carrying a hunting weapon). The hunter is obliged to comply with the norms of hunting for animals and the hunting periods specified in the voucher (license), he is obliged to return the vouchers (licenses) to the place of issue, making a note of the results of the hunt.
Prohibited tools and hunting methods have been established. So, throughout the territory of the Chelyabinsk region, the use of small-caliber weapons chambered for side fire is prohibited for any hunt; hunting for wild ungulates and brown bears when crossing water bodies or using traps; the use of hooks, pneumatic weapons, bows, crossbows, trapping pits, guarded rifles and other generally dangerous trailers for hunting; shooting with shot at wild ungulates and brown bear, as well as shooting with buckshot at brown bear, elk, red deer; the use of nets, vents, loops, tents for amateur and sport hunting, as well as the use of loops when hunting bears and wild ungulates; the use of any types of chemicals, explosives in the extraction of wild animals, with the exception of baits; the collection of eggs and the destruction of nests of wild birds, the destruction of beaver dams, the destruction and excavation of permanent dwellings of fur-bearing animals and badgers.
It is stipulated that the hunter bears administrative responsibility for finding a loaded weapon in populated areas; shooting at a distance closer than 100 m from housing; participation in a hunt or being with a collected weapon in a state of alcoholic intoxication; shooting on a round-up hunt along the shooting line, in which the projectile passed closer than 10 m from another shooter; being on any motorized vehicles with a loaded weapon (except for hunting from boats, boats with the engine off) and other administrative offenses.
The rules regulate the order of hunting with dogs, training, driving and attaching dogs, hunting wild ungulates. The extraction of wild ungulates is regulated by the current instructions and the specified Rules. Hunting is carried out under licenses, which during the hunt must be with the person responsible for the shooting (senior team, foreman). The terms of harvesting wild ungulates have been established: moose; Siberian roe deer; wild boar. The list of species of ungulates permitted for hunting and specific hunting periods are established before each hunting season by order of the head of the hunting supervision body - the department for the protection and rational use of hunting resources of the administration of the Chelyabinsk region.
The conditions for hunting brown bear have been specially regulated. Brown bear hunting is carried out under a license, which during the hunt must be with the person responsible for shooting (senior team, foreman). The deadlines for harvesting brown bears in the autumn-winter period are set from August 1 to February 28 (29). Specific terms are determined before each hunting season by order of the head of the regional hunting resources department. It takes two days to collect the wounded animal, not counting the day of injury. It is forbidden to shoot female bears who have cubs of the current year of birth before laying in the den. When hunting in a den, if there are several animals in one den, the hunter can shoot all the animals, with the subsequent registration of additional licenses.
The following conditions have been established for hunting fur-bearing animals, badgers and hares. The document certifying the right to produce licensed species of fur-bearing animals is a permit (license) issued in accordance with the established procedure. When hunting licensed species of fur-bearing animals, it is allowed to hunt all other types of fur-bearing animals, hares and game birds, which are allowed for shooting at a given time. The extraction of these animals can be carried out only within the established time frame. The list of species of fur-bearing animals allowed for hunting and specific hunting periods are set before each hunting season by order of the head of the regional hunting resources department. Badger hunting is permitted from September 1 to October 31; for hares - from November 1 to February 28 (29); for hares and foxes with hounds and greyhounds with a certificate or certificate of origin - from 13 October.
The production of unlicensed species of fur-bearing animals is not limited by the norms of production per hunter per day or hunting season. This type of hunting is also not regulated by the number of hunting days per week. The possibility of catching unlicensed species of fur-bearing animals is limited only by the duration of the hunting season for a particular type of animal. In hunting farms, users have the right to establish, when hunting for a hare, days closed for hunting, as well as the maximum norms for hunting hares per hunter on the day of hunting. On the territory of a plot of hunting grounds for general use, the maximum norms for hunting hares per one hunter on the day of hunting are established by order of the head of the department of hunting resources of the region.
All citizens are allowed year-round catching with small traps and other traps of ferrets and foxes on the territory of rural settlements (in outbuildings and on personal plots). Hunting for moles, gophers (except for sandstone ground squirrels), and hamsters is allowed without a hunting ticket, a hunting membership card and a permit.
The rules govern the order of hunting game birds. Thus, spring hunting may be permitted for a period not exceeding 10 days for all types of hunting at the same time. In spring, the following types of hunting are permitted: for male wood grouses on the current; on leaking black grouse males from cover and approach; for woodcocks on the evening draft; on the drakes of ducks from the shelter; on the geese from the shelter.
In hunting farms, the administration of the farm has the right to establish days closed for hunting, as well as the maximum norms for the production of feathered game per hunter per day. On hunting grounds of general use, the maximum norms for the production of game birds per hunter per day are established by the order of the head of the regional hunting resources department, depending on the game reserves and local conditions. From September 15, all norms of catching migratory birds will be canceled, with the exception of places where there are mass migration routes of waterfowl.
The rules regulate the conditions for hunting with birds of prey. All citizens of Russia who have reached the age of 16 enjoy the right to hunt with birds of prey on the territory of the Chelyabinsk Region. The certificate for the right to hunt with birds of prey is a hunting ticket or a membership hunting card with a mark on the payment of the state fee and a voucher issued in accordance with the established procedure. Hunting with birds of prey is permitted from July 20 to February 28 (29). In this hunt, production rates and days closed for hunting are not established. Permits for catching and keeping birds of prey are issued by the territorial bodies of the Regional Ministry of Natural Resources in accordance with the established procedure.
The Rules establish the procedure for regulating the number of animals that cause damage to the hunting economy, and the procedure for using hunting products, as well as measures of responsibility for violation of the Rules. The annexes to the hunting rules provide for: a scale of indices to determine the amount of damage caused to the state hunting fund; taxes for calculating the amount of the penalty for damage caused by legal entities and individuals by illegal acquisition or destruction of terrestrial mammals, birds, reptiles, amphibians and terrestrial invertebrates; the rates for calculating the amount of the penalty for damage caused by legal entities and individuals by illegal acquisition or destruction of animals listed in the Red Book of the Russian Federation and living in the region; a list of objects of the animal world classified as objects of hunting on the territory of the region; a list of licensed species of fur animals living in the region; a list of valuable species of fur-bearing animals, the skins of which are subject to mandatory delivery under agreements with hunting organizations; calculation of the cost of products from illegally obtained animals classified as objects of hunting; list of hunting areas of the Chelyabinsk region.
- SAPG1 RF. 1993. No. 31. Art. 2991.
- 1 1odmoskovnye Izvestia. 2000.3 eng.
The most important in characterizing the legal regime for the use of the animal world is the legal regulation of hunting and fishing.
The current hunting legislation recognizes hunting for the purpose of hunting, pursuing and hunting wild animals and birds by a person who has the right to hunt.
Being in habitats of wild animals and birds with weapons, dogs, birds of prey, traps and other hunting implements or with obtained products is equated to hunting.
The object of hunting is wild animals in a state of natural freedom. The extermination of domestic animals, farm animals, and wild animals in captivity is considered as destruction of property and other illegal actions.
The list of specific species of animals classified as objects of hunting, based on their species, number, traditions in the use of products obtained, is approved by the Government of the Russian Federation. So, in accordance with the List of objects of the animal world classified as objects of hunting, approved by the Decree of the Government of the Russian Federation of December 26, 1995 No. 1289, the objects of hunting are: wolf, fox, bear, hare, mink, sable, squirrel, deer, geese, ducks, partridges, etc.
There are two types of hunting - commercial and sports (amateur).
Commercial hunting is mainly a professional activity of hunter-traders, which is carried out on the basis of orders for shooting animals or contracts with hunting farms for the procurement of hunting products (skins, meat, fur, etc.).
Sports or amateur hunting can be carried out by citizens who have reached the age of 18, who have passed tests on the rules of hunting, hunting safety, handling hunting firearms and having paid the state fee in the established amount.
Citizens inhabiting areas of the Far North and equivalent areas enjoy the right to hunt with a hunting firearm from the age of 14 (clause 14 of the Regulations on Hunting and Hunting Economy of the RSFSR as amended on October 10, 1993)
According to the Decree of the Government of the Russian Federation "On amateur and sports hunting in the Russian Federation" dated July 26, 1993 No. 728, documents certifying the right to carry out hunting are (p. I):
Hunting tickets issued by state hunting management bodies, or membership hunting tickets issued by public hunting organizations, with a mark of these organizations on passing tests according to the rules of hunting, hunting safety, handling hunting weapons and on paying the state fee;
A voucher or license issued in accordance with the established procedure for shooting (catching) the corresponding species and number of animals with an indication of the timing of their shooting (catching) and the hunting place.
Hunting is allowed if there is a permit to store and carry hunting weapons, which is issued by the internal affairs bodies.
When hunting, hunters must comply with the requirements established by the Hunting Rules adopted by the executive authorities of the constituent entities of the Russian Federation, which relate to the norms, terms, places, tools and methods of hunting.
The rates of harvesting (shooting, trapping) of wild animals are determined in accordance with their number and the calculation of the preservation of their livestock.
Hunting, as a rule, is carried out in hunting grounds assigned to hunting societies and hunting farms. Amateur and sport hunting in the lands where the hunting economy is conducted by public hunting organizations, other legal entities and individuals, is carried out with their permission, and in other hunting grounds - with the permission of the state hunting management bodies. Hunting is prohibited in nature reserves, national parks, green areas of cities and other specially protected areas.
The timing of the hunt is set depending on the type of animals, the conditions of their habitat and reproduction.
The issues of the use of hunting tools and means are regulated by the RF Government Decree "On the rules, terms and lists of tools and methods of obtaining wildlife objects permitted for use", standard hunting rules in force in different regions, and other regulations.
Hunting tools include guns, traps and other items for tracking and hunting animals and birds. The use of hunting tools and methods leading to the mass extermination of animals is prohibited; hazardous to the environment; using the plight of animals (for example, those fleeing from storms, floods, snowfalls, fires, etc.), as well as ruining nests and burrows. Prohibited items and hunting techniques, in particular, include: small-bore rifles, military weapons, pesticides, trapping pits, burning vegetation, the use of vehicles, helicopters, etc.
Hunting is completely prohibited on animals that belong to rare and endangered species of animals listed in the Red Book. In the Russian Federation, for example, it is not allowed to hunt tiger, bison, snow leopard, polar bear, swan, stork, etc.
Hunters are also obliged to actively participate in the protection of fauna and animal habitats, to assist in their reproduction.
57. Forestry legislation. General characteristics.
The legislation of the Russian Federation in the field of forest protection and use consists of the Forest Code of the Russian Federation, other federal laws and laws of the constituent entities of the Federation adopted in accordance with them and regulatory legal acts of the Government of the Russian Federation, federal executive bodies, executive bodies of the constituent entities of the Federation and local self-government bodies issued by them within the limits of their authority.
The main regulatory legal act of forest legislation is the Forest Code of the Russian Federation. For almost ten years, forestry relations were regulated by the Forest Code of the Russian Federation of January 29, 1997, No. 22-FZ, during this time numerous amendments and additions were made to it, in addition, dozens of by-laws were adopted to develop its provisions. New Forest Code of the Russian Federation of December 4, 2006 No. 200-FZentered into force on January 1, 2007 and applies to relations arising after its entry into force, in accordance with the Federal Law of December 4, 2006 No. 201-FZ "On the Enforcement of the Forest Code of the Russian Federation" (hereinafter - Federal Law of 4 December 2006 No. 201-FZ). Prior to bringing federal laws and other regulations into line with the Forest Code of the Russian Federation, the latter shall be applied insofar as they do not contradict the Forest Code of the Russian Federation. In addition, this Law amended the Civil Code of the Russian Federation, the Budget Code of the Russian Federation, the Criminal Code of the Russian Federation, the Code of the Russian Federation on Administrative Offenses, the Water Code of the Russian Federation, the Merchant Shipping Code of the Russian Federation, Federal Laws of December 21, 1994 No. 69- Federal Law "On Fire Safety", dated March 14, 1995 No. 33-FZ "On Specially Protected Natural Areas", dated November 23, 1995 No. 174-FZ "On Environmental Expertise" and many other federal laws (Art. 16- 38 of the Federal Law of December 4, 2006 No. 201-FZ).
Each branch of Russian legislation regulates its own specific independent area of \u200b\u200bpublic relations. This means that forest legislation regulates forest relations, land - land relations, water - water relations, etc. But it must be borne in mind that these spheres of public relations relate to natural objects and therefore are inextricably linked. The lands of the forest fund are simultaneously part of the State Land Fund, where they act as part of the unified land balance of the country, and as part of the State Forest Fund, as an indispensable part of a single natural and economic object, which is a forest.
Forest legislation regulates forest relations, and property relations associated with the circulation of forest plots and forest plantations are regulated by civil legislation, as well as the Land Code of the Russian Federation, unless otherwise established by the Forest Code of the Russian Federation and other federal laws. Thus, property relations in the Forest Code of the Russian Federation are based on the concept of forest plots as land plots.
The main principles of forestry legislation are:
1) sustainable forest management, conservation of biological diversity, increasing the ecological and resource potential of forests;
2) preservation and strengthening of the environment-forming, water protection, protective, sanitary-hygienic, health-improving and other functions of forests in the interests of ensuring the right of everyone to a favorable environment;
3) use of forests, taking into account their global ecological significance, duration of cultivation and other properties of forests;
4) ensuring multipurpose, rational, continuous, sustainable use of forests to meet the needs of society in forests and forest resources;
58. The right to forest use: concepts, grounds and procedure for occurrence and termination.
According to clause 35 of Article 4 of the LC RK, forest ownership is the right to own and use plots of the state forest fund, provided by the Government of the Republic of Kazakhstan to state forest owners for forestry and forest management, the functioning of specially protected natural areas, as well as the right to own, use and dispose of a private forest fund provided to private forest owners in the manner prescribed by this Code.
Forest use is understood as a legally and economically regulated activity on the use of forest resources and useful properties of forests (clause 36, article 4 of the LC RK).
Grounds for the emergence of the right to forest use
In accordance with the Forest Code of the Russian Federation, the grounds for the emergence of the right to forest use are:
- acts of state bodies (logging ticket (order) or forest ticket);
- contracts (lease, concession, gratuitous use, establishment of a forest easement);
- court decisions (in case of a dispute over forest use rights);
- others (for example, the protocol of a forest auction) (Article 23 of the RF LC).
The right to forest use can also be transferred from one person to another (except for a concession):
- in the order of succession - in the event of reorganization of legal entities, inheritance of property of citizens, etc .;
- under an agreement between the forest user and another person who is not his legal successor, in cases and in the manner established by legislation and with the consent of the owner of the forest fund.
Regardless of the type of legal rights granted, forest use is allowed only on the basis of special permits - a logging ticket (order) and / or a forest ticket (Article 42 of the RF LC).
Logging and forestry tickets are issued to the forest user for short-term use of the forest fund (for a period of up to 1 year), as well as annually - for the implementation of types of forest use specified in the lease, concession, and free use agreements.
These documents provide the forest user with the right to carry out only the type of forest use specified in them in the established volume (amount) and on a specific site of the forest fund. A logging ticket entitles its owner to harvest and haul timber, resin and minor forest resources. It determines the location of the forest fund, the quantitative and qualitative characteristics of the released forest resources, their cost, terms of work, conditions and methods of forest restoration and cleaning of felling sites.
The felling permit is issued by the forestry enterprise, and the felling order is issued by the forestry for small-scale release of standing timber and secondary forest resources. The forest permit gives the right to carry out secondary forest uses (issued by the forestry for one season), as well as other types of use, except for those provided by the felling permit (issued by the forestry).
The basis for issuing a logging permit and (or) a forest permit may be lease agreements, concessions, gratuitous use agreements, as well as the protocol of a forest auction or a decision of the authority of a constituent entity of the Russian Federation.
MINISTRY OF EDUCATION AND SCIENCE OF THE RUSSIAN FEDERATION
Federal state budgetary educational institution
higher professional education
"SARATOV STATE LEGAL ACADEMY"
LEGAL INSTITUTE OF LEGAL ADMINISTRATION
Dusmukhambetova Aigul Khasanovna
LEGAL REGULATION OF HUNTING
Saratov - 2014
Introduction
1.1 Concept and types of hunting
Conclusion
Introduction
The hunting economy is an independent branch of the Russian economy, an integral part of integrated nature management, which is based on the sustainable use of wild animals. Hunting activity has a direct or indirect impact on the socio-economic and cultural living conditions of a significant part of the population of Russia, contributes to the preservation and reproduction of the country's fauna. Hunting, as the main process of hunting activities, is a traditional established form of using hunting resources, serves as a source of citizens' satisfaction in the implementation of their legal rights and interests.
The resources of the modern hunting economy in Russia include 224 species of game animals, with a total number of at least two hundred million individuals, temporarily or permanently living on 1.48 billion hectares of hunting grounds. This creates conditions for the functioning of 6 thousand hunting farms. For residents of sparsely populated regions of Russia, including indigenous and small peoples, hunting remains the main or important source of livelihood. Until recently, there was no uniform law governing hunting. This gap was filled in 2009 with the adoption of such an act. However, initially it had flaws that were made up for by numerous changes. The legislation is still being improved, and by-laws are being adopted, provided for by the Law on Hunting. All this determines the relevance of considering the issues of legal regulation of hunting.
The purpose of the course work is to study the legal problems of hunting regulation in the Russian Federation.
The theoretical significance of the results of the course work lies in the fact that the study of the problems of legal regulation of hunting made it possible to expand knowledge on the problem and formulate proposals and recommendations aimed at improving legislation and law enforcement practice.
Chapter 1. Fundamentals of legal regulation of hunting in the Russian Federation
1.1 Concept and types of hunting
Hunting is one of the most important uses of the animal world.
Hunting in the everyday sense implies the capture of wild animals, large fish and birds by killing or catching them, as well as catching, keeping and breeding animals.
In the legal sense, hunting in accordance with clause 5 of article 1 of the Federal Law of July 24, 2009 No. 209-FZ (as amended on December 28, 2013) "On hunting and on the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation "(hereinafter referred to as the Law on Hunting) means activities related to the search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation.
Based on the above definition, hunting, as a type of use of the animal world, carried out in accordance with the procedure established by the Law and for certain purposes, is a complex type of activity. Hunting is a special type of activity associated with the extraction of hunting resources, and traditionally includes a fairly wide range of activities associated with this - search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation. Hunting is one of the most common types of use of objects of the animal world, enshrined in Article 34 of the Federal Law of 24.04.1995 No. 52-FZ (as amended on 07.05.2013) "On the animal world". At the same time, despite the mention of this concept in the Law on the Animal Kingdom, its legislative definition did not exist for a long time. The definition of the concept of "hunting" was contained only in paragraph 10 of the Regulation on hunting and hunting economy of the RSFSR, approved. Decree of the Council of Ministers of the RSFSR dated October 10, 1960 No. 1548, according to which hunting was recognized as hunting for the purpose of prey, pursuit and the prey of wild animals and birds.
To understand the content of the term "hunting" it is necessary to give a definition to the concepts of "hunting resources" and "extraction of hunting resources".
Hunting resources in accordance with paragraph 1 of Article 1 of the Law on Hunting include only those objects of the animal world that are used or can be used for hunting purposes in accordance with the said law and (or) the laws of the constituent entities of the Russian Federation.
An object of the animal world in accordance with Article 1 of the Law on the Animal World is an organism of animal origin (wild animal).
This concept is revealed in two ways: as an organism of animal origin and as a wild animal. As a rule, the definition of "wild" is disclosed as a species that has not been subjected to domestication, or as an individual of any species, in whose behavior aggressiveness or fear towards humans is clearly expressed. They do not depend on humans at all stages of the animal life cycle. Nowadays, given the development of legal and other measures for protecting the environment in general and the animal world in particular, these criteria for classifying animals as wild need to be clarified. In any case, an object of the animal world is an individual individual.
legal regulation hunting protection
Thus, the term "hunting resources" is narrower in relation to the term "objects of the animal world" and relates to it as a part and a whole. From the analysis of this definition, two main criteria for classifying the objects of the animal world as objects of hunting can be distinguished:
) target, which means that a particular type of object of the animal world is used for hunting purposes or can be used in them. This provision is designed in such a way that any kind of animal objects can be included in the list of objects of hunting, for example, a species that is prohibited from hunting due to its rarity may fall into hunting objects if its number is restored to such a state in which it is possible hunting for him without a threat to the population;
) the legal criterion according to which the classification of objects of the animal world as objects of hunting is established either by the commented Law or by the laws of the constituent entities of the Russian Federation.
For example, on the territory of the Saratov region, hunting resources include birds that are not provided for by the Law on hunting - hooded crows.
In turn, the extraction of hunting resources is an activity aimed at removing objects of the animal world, referred to as objects of hunting, from their habitat using hunting tools and hunting methods specified in the provisions of the commented article. It should be noted that the concept of "extraction of hunting resources" is somewhat already fixed by the provisions of this article of the concept of "hunting", since hunting is associated not only with shooting and catching hunting resources, but also with their search, tracking, pursuit, as well as with primary processing and transportation of already obtained hunting products.
It should be noted that it is equivalent to hunting being in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools, or with obtained products.
In accordance with Article 12 of the Law on Hunting, the types of hunting in accordance with the intended purpose are:
) commercial hunting;
) amateur and sport hunting;
) hunting for the purpose of carrying out research activities, educational activities;
) hunting in order to regulate the number of hunting resources;
) hunting for the purpose of acclimatization, resettlement and hybridization of hunting resources;
) hunting for the maintenance and breeding of hunting resources in semi-free conditions or in an artificially created habitat;
) hunting in order to ensure the conduct of a traditional way of life and the implementation of traditional economic activities of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, hunting carried out by persons who do not belong to these peoples, but permanently reside in places of their traditional residence and traditional economic activities and for whom hunting is the basis of their existence.
The list of types of hunting is closed. The established subdivision of types of hunting according to their intended purpose corresponds to the general principle of the targeted use of natural resources, which is applied in natural resource legislation. The targeted approach allows you to determine the legal regime of certain types of hunting and regulate in more detail one or another type of use of hunting resources.
It is believed that scientists, starting with the founders of hunting, for a century have not been able to distinguish, differentiate between sports, amateur and commercial hunting. The concepts of the field of sports are loaded with vague meanings and cannot be defined with the accuracy required for legal regulation, therefore, it seems expedient to abandon their use in the law.
Despite this, in the Law on Hunting in Article 1, the concepts of "commercial hunting", "amateur and sport hunting" are fixed.
Commercial hunting in accordance with paragraph 10 of Article 1 of the Law on Hunting is hunting carried out by legal entities and individual entrepreneurs in order to procure, produce and sell hunting products. Based on this definition, the following criteria for this type of activity can be distinguished.
Subjects of implementation: legal entities; individual entrepreneurs.
Implementation objectives: procurement of hunting products; production of hunting products; sale of hunting products.
Thus, commercial hunting is a type of commercial activity, that is, an activity aimed at making a profit. Commercial hunting is one of the most common types of hunting.
Amateur and sport hunting in accordance with paragraph 11 of Article 1 of the Law on Hunting is hunting carried out by individuals for personal consumption of hunting products and for recreational purposes.
The subjects of this type of activity are only individuals.
The purposes of amateur and sport hunting are exclusively personal consumption of hunting products and recreation. It should be noted that with all the variety of types of hunting for the majority of the population, it remains a kind of leisure, with the goal not so much of the extraction of hunting resources as a pleasant pastime.
Based on the above, the Law on Hunting contains an exhaustive definition of the concept of "hunting", and also establishes a closed list of types of hunting. Each of these types of hunting is carried out for a specific purpose and has its own specifics, reflected in the norms of the law.
Chapter 2. Features of regulation of certain legal relations in the field of hunting and preservation of hunting resources. Hunting management
2.1 Grounds for the emergence of the right to use hunting resources. Hunting ticket. Legal regime of hunting grounds
The use of wildlife is a legally determined activity of citizens, individual entrepreneurs and legal entities in the use of objects of the animal world. Legal entities and individual entrepreneurs exercise their right to use the animal world through hunting (this is the field of activity for the conservation and use of hunting resources and their habitat, for the creation of hunting infrastructure, the provision of services in this area, as well as for the purchase, production and sale of products hunting).
The hunting law abolished the long-term licensing that had existed for 80 years. Now the animals are provided for use on the basis of a "hunting agreement". However, it was not a simple renaming that took place, but the essence of this phenomenon changed. All this was done with a very prosaic purpose, which is indicated directly in the first paragraph of the article devoted to hunting agreements - in order to attract investment in hunting.
Investments are understood as monetary funds, securities, other property, including property rights, other rights that have a monetary value, invested in objects of entrepreneurial and (or) other activities in order to make a profit and (or) achieve another useful effect. In compulsory investment, the legislator included the costs of preserving hunting resources and creating a hunting infrastructure, rent, auction costs. On the one hand, there is a positive moment - replenishment of the budget, on the other hand - the user assumes the responsibility of the state for the maintenance and protection of hunting resources and their habitat, but also pays the state for this "pleasure". Moreover, such financial expenses will never be covered by the profit from hunting.
The legislator classified the hunting economic relations as civil and thus created many conflicts in the legislation, namely that the norms of administrative and civil law constantly collide and contradict each other. The hunting law provides for the obligation of hunting users to carry out biotechnical and reproductive measures, to create a hunting infrastructure, but since the hunting agreement is a civil law contract, these relations are covered by Article 623 of the Civil Code of the Russian Federation, according to which the tenant has the right of ownership to the improvements made by him. property. In addition, a constituent entity of the Russian Federation, as a lessor, is obliged at its own expense to overhaul the hunting infrastructure in accordance with the requirements provided for by Article 616 of the Civil Code of the Russian Federation. However, the Law on Hunting does not provide for how to implement all this in practice.
A positive change in public relations in this area can be called the fact that now the procedure for obtaining the right to use the animal world has been simplified, namely: at present, one body (executive body of a constituent entity of the Russian Federation) provides a land (as well as a forest) plot with one document, and the animal world for use. Due to the fact that the land plot and the animal world were provided by different authorities for different periods, then, for example, in the Rostov region there was an incident - the territory (water area) was provided for a period of no more than 5 years, and the animal world was provided for a period of no more than 25 years ... It was not clear how, on legal grounds, the hunting user had to carry out hunting management in the territory, the provision of which had expired. However, due to the fact that the animal world and land plots have a different legal regime, the combination of different legal regimes in one document, in practice, leads to collisions.
Taking into account the opinion of the population living near the hunting grounds or on the territory of the corresponding municipalities is necessary when holding auctions for the right to conclude a hunting agreement. As M.I. Vasiliev, the results of public hearings on environmental and social conditions may be included in the subject of the auction as part of encumbrances on land and forest plots located within the boundaries of the hunting area, restrictions on the use of forests and other natural resources, and parameters for hunting.
We also agree with it on the problem of the quality of hunting grounds for general use as a sphere of free (non-contractual) exercise by citizens of their right to hunt, as well as with the collection of fees for hunting in the assigned grounds. The absence in the Law on Hunting of correlated requirements regarding the quality characteristics of public and fixed hunting grounds, criteria for the selection of public hunting grounds leads in practice to the fact that low-value for hunters, for example, far from water bodies, grounds are provided for such, and the most convenient hunting grounds are provided entrepreneurs. In the context of the active involvement of natural resources in commercial turnover, the interests of the local population suffer, which is forced to buy tickets to the assigned hunting grounds. At the same time, additional services are imposed on them by legal entities, individual entrepreneurs who have concluded hunting agreements, or hunters are charged for services that are not provided at all. This problem is especially relevant for low-income citizens. In connection with the above, it is proposed to introduce into the Law on Hunting the rules on granting certain advantages to local residents for access to the assigned hunting grounds, for example, preferential terms of payment for vouchers. Vouchers to socially significant publicly available types of hunting resources can be made free of charge. It is necessary to create conditions to ensure access to hunting resources for all social groups of hunters and to conduct hunting for a wide range of people.
Article 37 of the Federal Law on the animal world provided that in the event there were several candidates of equal priority for the same territory or water area, the animal world was provided for use on the basis of a competition.
The form of providing the animal world for use by legal entities has also changed. Before the entry into force of the law on hunting, such a right was granted on the basis of a special permit (long-term license), now - on the basis of a civil contract concluded at an auction.
The Law on Hunting provides only three grounds for terminating a hunting agreement: upon the expiration of its validity; by agreement of the parties; based on a court decision.
In accordance with paragraph 1 of Article 27 of the Law on Hunting, the hunting agreement is concluded for a period of twenty to forty-nine years. Due to the fact that the hunting agreement is a civil law agreement, the term of this agreement is determined by Article 425 of the Civil Code of the Russian Federation, according to which the agreement comes into force from the moment of its conclusion. A law or an agreement may provide that the end of the term of the agreement entails the termination of the obligations of the parties under the agreement. An agreement that does not contain such a condition is recognized as valid until the moment of completion of the fulfillment by the parties of the obligation specified in it. Thus, if the hunting agreement does not provide for (and this is not provided in the approximate form of the hunting agreement) that at the end of the term of the agreement, the obligations of the parties to the agreement are terminated, the agreement will continue to operate until one of the parties declares its termination.
The second basis for the termination of the hunting agreement is the agreement of the parties. In accordance with Article 452 of the Civil Code of the Russian Federation, an agreement on termination of an agreement is made in the same form as the agreement.
The third reason is a court decision. In the amended article 47 of the Federal Law on the animal world, it is indicated that a forced termination of the right to use the animal world is carried out in court. Such grounds include: violation of the legislation of the Russian Federation on environmental protection and the conditions specified in the documents on the basis of which the use of the animal world is carried out; the emergence of the need to withdraw from use objects of the animal world in order to protect them; use of the territory, water area for state needs, excluding the use of wildlife.
When analyzing the Law on Hunting, it was found that its original version contains provisions directly aimed at infringing on the legal rights and freedoms of citizens, limiting mass hunting, eliminating the public from participation in decision-making, weakening public environmental control, significantly narrowing management, including control and supervisory powers of sectoral government bodies.
Despite the negative conclusions of scientists from different branches of science, the Law on Hunting in this edition was nevertheless adopted. However, the development of the hunting economy is unthinkable without scientific research, including legal research, and the introduction of scientifically grounded methods of protecting the reproduction and use of the animal world. Ignoring sound scientific conclusions can lead to depletion of natural resources, and the state can lead to additional financial costs for the restoration of the hunting fund.
Another document certifying the right to extract hunting resources is a permit for the extraction of hunting resources.
In accordance with clause 1, part 3, article 20 of the Hunting Law, a hunter must have a hunting ticket. A hunting ticket certifies a person's right to hunt.
Taking into account the fact that the activity of extracting hunting resources is associated with a certain risk for others, it is necessary to establish an obligation for persons who first receive a hunting ticket of a single federal standard to undergo training in order to study the requirements of the hunting minimum and pass the appropriate exam. At present, the law has established a rule only on familiarization with the requirements of the hunting minimum (Article 21 of the Law on Hunting) - which is insufficient. As the Chairman of the Central Board of the Association "Rosokhotrybolovsoyuz" E.V. Bendersky, this is similar to the fact that a person requires the issuance of a driver's license, indicating that he is familiar with the rules of the road. In order to avoid unnecessary bureaucratization of the process, the responsibility for conducting training and receiving documents should be assigned to public organizations of hunters.
The judicial practice also points to the danger of the simplified procedure for issuing a hunting ticket, indicating that the implementation of hunting activities by a person holding a hunting ticket creates a threat of harm by a person who has the ability to use hunting weapons.
In accordance with paragraph 15 of Article 1 of the Law on Hunting, hunting grounds are territories within the boundaries of which it is allowed to carry out activities in the field of hunting. The boundaries of hunting grounds include lands, the legal regime of which allows the implementation of activities in the field of hunting. Hunting grounds are subdivided into hunting grounds that are used by legal entities, individual entrepreneurs on the grounds provided for by the specified law (fixed hunting grounds), and hunting grounds in which individuals have the right to freely stay for hunting purposes (public hunting grounds). Public hunting grounds must constitute at least 20% of the total area of \u200b\u200bhunting grounds of the constituent entity of the Russian Federation. Hunting grounds can be used for one or more types of hunting.
It is noteworthy that in one of the decisions of the Supreme Arbitration Court of the Russian Federation it was noted that from the norms of Articles 128-129 of the Civil Code of the Russian Federation and the Law on Hunting it follows that hunting grounds are a special object of civil rights. At the same time, the court further noted that the Law on Hunting does not contain a procedure for determining the area of \u200b\u200bhunting grounds. Since the hunting grounds have not passed the state cadastral registration, the use of an indicator of the area of \u200b\u200bgrounds in the calculation of payment rates is contrary to the law. Note that the Law on Hunting does not contain provisions on the conduct of state cadastral registration of hunting grounds.
Thus, the Law on Hunting changed the grounds for the emergence of rights to use hunting resources, replacing licensing with a hunting agreement and permission for the extraction of hunting resources.
2.3 Measures of legal regulation of activities for the protection of hunting resources and their habitat
Chapter 10 of the Hunting Act contains measures aimed at preserving hunting resources and their habitat. These include the protection of hunting resources from diseases, prevention of the death of hunting resources during agricultural and other activities, measures to preserve hunting resources in the event of natural and man-made emergencies, reproduction of hunting resources, biotechnical measures, regulation of the number of hunting resources, maintenance and breeding. hunting resources in semi-free conditions and in an artificially created habitat, acclimatization, resettlement, hybridization of hunting resources, the establishment of zones for the protection of hunting resources, as well as requirements for the preservation of hunting resources and their habitat in the implementation of urban planning activities.
Let us dwell on some of them, in the regulation of which there is legal uncertainty.
In accordance with Part 3 of Article 43 of the Law on Hunting, measures to protect hunting resources from diseases in assigned hunting grounds are provided by legal entities and individual entrepreneurs who have entered into hunting agreements. Nevertheless, it should be borne in mind that such events cannot be carried out without the involvement of the relevant specialists of the veterinary services, who conduct special tests to identify and confirm the corresponding diseases, and also issue recommendations for the implementation of appropriate measures.
In accordance with Part 1 of Article 48 of the Law on Hunting, in order to maintain the number of hunting resources, prevent the emergence and spread of diseases of hunting resources, damage the health of citizens, objects of the animal world and their habitat, measures are taken to regulate the number of hunting resources. However, the concept of "regulation of the number of hunting resources" is not disclosed in any normative legal act.
The number of objects of the animal world referred to as objects of hunting should be understood as the number of individuals of a given species living in a certain territory. In a number of situations, the number of certain types of hunting resources must be reduced through the implementation of special measures in order to reduce the density of objects in a given territory and should be limited by the desired lower limit of the number, i.e. provide for a specific planned seizure amount. Thus, the complete extermination of this or that hunting resource is not allowed.
It should be noted the importance of such a goal as maintaining the number of hunting resources. Hunting grounds have a certain capacity for each species of animals, and therefore, where the number of any species of animals exceeds the natural capacity of the lands, it is necessary to increase the shooting rates and, conversely, reduce them if the density of animals is below the natural capacity. If the capacity of the lands corresponds to the optimal density of animals, it is necessary to annually withdraw from the population such a quantity of game that corresponds to the economic growth.
With the rational exploitation of stocks of game animals, both excessive and low density are unprofitable. The population cap is used to set the maximum percentage of animals to be killed. A careful annual record of hunting resources allows you to determine how much of each species can be removed from nature.
Regulation of the number of wildlife is one of the methods of administrative and legal protection of the animal world.
Among other things, the Law on Hunting stipulates that the regulation of the number of objects of the animal world is one of the types of hunting. It seems that the concept of hunting contradicts the very idea of \u200b\u200bregulating the number of the animal world, and in this regard, regulation of the number cannot be a type of hunting. Hunting is an activity associated with the search, tracking, pursuit of the animal world, their production, primary processing and transportation. Thus, the goal in hunting is the prey itself, and in population regulation, the goal is to protect health, human life, domestic animals and agriculture. Hunting is one of the types of use of the animal world, and population regulation is a way of protecting the animal world.
In accordance with article 27 of the Federal Law on the animal world, the procedure for regulating the number of objects of the animal world is determined by the federal executive authorities.
In accordance with Article 27 of the Federal Law on the animal world, the regulation of the number 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. Article 258 of the Criminal Code of the Russian Federation provides for criminal liability for hunting with the use of a power-driven vehicle or aircraft, explosives, gases or other methods of mass destruction of birds and animals. From the meaning of this article it follows that the use of a vehicle, an aircraft is a method of mass destruction of animals.
Thus, in violation of the Federal Law on the animal kingdom, the Order provided for a case when, by decision of one body, animals will be shot throughout the year by means of mass destruction of animals.
Some legislative uncertainty and unsettled law enforcement are observed in relation to the zones of protection of hunting resources. Thus, Part 1 of Article 51 of the Law on Hunting establishes that in order to preserve hunting resources in accordance with the Forest Code of the Russian Federation and other federal laws, specially protected areas of forests and other zones of protection of hunting resources are created, in which their use is limited. In development of the provisions of this norm, the Ministry of Natural Resources of Russia adopted Order No. 503 dated November 12, 2010 "On Approval of the Procedure for Establishing the Borders of Hunting Resource Protection Zones on the Terrain". However, neither from the content of the article of the said Law, nor from the text of the Order, it is impossible to draw an unambiguous conclusion about the legal regime of zones for the protection of hunting resources. The provisions of these acts do not define their location and configuration. In this case, the key point, in our opinion, is the lack of content of their legal regime. Such legal uncertainty leads to the possibility of different interpretations of legislative norms, which is unacceptable in relation to protected zones. Therefore, it seems advisable to amend the Law on Hunting or to adopt a decree of the Government of the Russian Federation clarifying these issues.
Thus, the protection of hunting resources from diseases, regulation of their number, the establishment of protective zones are effective measures to preserve hunting resources, however, the considered contradictions of the legislation cannot contribute to the effective implementation of protection goals.
Chapter 3. Responsibility for violations of hunting legislation
In accordance with Part 1 of Article 57 of the Law on Hunting, persons guilty of violating the legislation in the field of hunting and the preservation of hunting resources are liable in accordance with the legislation of the Russian Federation. In particular, criminal and administrative liability is provided. Let's consider some formulations of practical interest.
Article 258 of the Criminal Code of the Russian Federation provides for liability for illegal hunting. In particular, liability for illegal hunting under clause "a" of part 1 of article 258 of the Criminal Code of the Russian Federation comes only in the presence of major damage. However, the Criminal Code of the Russian Federation does not contain a norm fixing the amount of large damage in relation to the named article. In order to ensure the unity of judicial practice, the Plenum of the RF Armed Forces issued Decree No. 21 of 18.10.2012. According to clauses 8-9 of this Decree, hunting in violation of the requirements of the hunting legislation is illegal, including hunting without an appropriate permit to extract hunting resources, outside the designated places, outside the terms of its implementation, etc. The damage caused is large, based not only on the number and value of the killed, damaged and destroyed animals, but also taking into account other circumstances of the deed, in particular the environmental value, significance for a specific habitat, number population. Major damage is caused, for example, by shooting elk, red deer (red deer, red deer), musk ox, brown and white-breasted (Himalayan) bear.
Also in 2013, significant changes were made to the articles of the Code of Administrative Offenses of the Russian Federation regulating environmental offenses related to hunting.
The disposition of Article 8.37 before the introduction of the amendments was formulated by the legislator very succinctly as violations of the rules of hunting. At the present time, the article has been supplemented with three parts containing qualifying teams. But it should be noted that the innovations suffer from a number of significant shortcomings, which, most likely, will not simplify law enforcement practice.
Criminal liability under Article 258 of the Criminal Code of the Russian Federation, it seems, should occur in cases where there are qualifying signs, such as: causing major damage, etc. If such signs are absent, the subject is brought to administrative responsibility.
In controversial cases of competition between criminal law and administrative law, the latter should be given preference. This conclusion is based on the principled provision of criminal law that all doubts should be interpreted in favor of the perpetrator.
However, from the analysis of both norms, it is clear that the Code of Administrative Offenses of the Russian Federation establishes responsibility for violation of the Hunting Rules, while the Criminal Code of the Russian Federation uses the broader concept of "illegal hunting", i.e. hunting in violation of the law. With a literal approach, the Hunting Rules are not even a legislative act, therefore, it can be concluded that in cases of violation of the Rules, administrative responsibility should be applied, and in cases of violation of other hunting legislation - the norms of the Criminal Code of the Russian Federation.
It seems that it is necessary to amend Part 1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation and replace the wording "violation of hunting rules" with "violation of the rules of hunting legislation."
Part 1.2 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation, which is an innovation, establishes responsibility for hunting in violation of the hunting timeframes established by the hunting rules, except for cases where hunting outside the established timeframes is allowed, or for hunting inappropriate hunting tools or hunting methods. The meaning of the introduction of this norm is completely incomprehensible. Liability is established for violation of the terms of hunting, as well as responsibility for the implementation of hunting using hunting tools or hunting methods that are already enshrined in the Hunting Rules. It is not clear why a more severe punishment has been established for violation of these particular points of the Rules, because, for example, the capture of game animals in larger quantities than is allowed is no less dangerous social act.
It should be noted that it is equivalent to hunting being in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools, or with obtained products. This provision is contained in part 2 of article 57 of the Law on hunting.
That is, there is hunting itself, and there is equating certain actions with hunting, which facilitates the fight against violations. Equating the above actions to hunting may cause difficulties in practice in the process of qualifying actions under Part 1 of Article 8.37 of the Administrative Code of the Russian Federation, which provides for liability for violation of hunting rules.
Let us make a reservation that based on the definition of hunting, the presence of a person with a weapon on the territory of a hunting area is not hunting and, accordingly, cannot form a completed criminal offense under Article 258 of the Criminal Code of the Russian Federation. These actions can only be regarded as preparation for a crime, but by virtue of Part 2 of Article 30 of the Criminal Code of the Russian Federation, they are not criminally punishable, since illegal hunting is not one of the grave and especially grave crimes. That is why it is possible to qualify the act exclusively as an administrative offense.
It should be noted that difficulties in the qualification of acts existed even before the adoption in 2009 of the Law on Hunting.
So, the norm of clause 10 of the Regulation on hunting and hunting economy of the RSFSR dated 10.10.1960 No. 1548 contained a provision that being in hunting grounds with weapons, dogs, hunting birds, traps and other hunting tools or with the obtained hunting products is equated to hunting ... (This provision continues to operate despite the adoption of the Hunting Rules in 2010).
Such a norm was not unambiguously perceived neither in the literature nor in judicial practice. This can be illustrated by the following examples.
The legislation of a number of subjects of the Russian Federation contained similar norms, but with some clarifications. So, part 2 of article 4 of the Law of the Kamchatka region "On hunting and hunting in the Kamchatka region" of August 3, 2001 established that hunting is equivalent to being in hunting grounds with an uncovered hunting weapon. That is, the circle of offenses was narrowed.
Such a norm was found by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation to be contrary to federal legislation, since the latter is not specified, being in hunting grounds with a weapon in what form (sheathed or otherwise) is equated to hunting.
On the positive side, after the adoption of the new Law on Hunting in 2009, the relevant regulatory acts of the subjects became invalid.
At present, the practice is on the path of equating hunting with finding on hunting grounds with weapons, both covered and uncovered, both assembled and disassembled.
Thus, citizen V. was prosecuted for being in the hunting grounds with 2 dogs of hunting breeds with a sheathed hunting rifle and 20 cartridges for it without permission to extract hunting resources. The fact that the weapon is disassembled does not affect the qualifications either.
However, it is essential for qualification to find cartridges for weapons. Thus, citizen R. was prosecuted for illegal hunting under Part 1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation for hunting geese and drake ducks with an uncovered, ready-to-fire hunting firearm in the car without a permit (permit) to obtaining objects of the animal world for the purposes of amateur and sport hunting, with an expired hunting ticket. However, by a court decision, the above decision was canceled, the proceedings against R. were terminated due to the absence of an administrative offense in his actions. Canceling the decision in the case of an administrative offense, the judge of the district court, on the basis of the evidence examined, reasonably concluded that R. under the circumstances set out in the decision did not hunt, since his gun was not loaded. This conclusion was confirmed by the materials of the case, including the protocol on the seizure of things and documents dated March 27, 2010, according to which the cartridges were not seized from R. along with the gun, by the testimony of the interrogated witnesses P., B., who explained that the gun was really a person which the proceedings are pending, was not charged.
Thus, for the qualification of a person's actions as equated to hunting, the state of readiness of the weapon (sheathed or in analysis) does not matter, however, the absence of cartridges excludes liability.
In general, it should be noted that the legal regulation of liability, in particular administrative, for violation of hunting legislation suffers from a number of significant shortcomings that cannot be eliminated without making changes to the current legislation.
Conclusion
Summing up the considered problem, we can briefly outline some conclusions.
For a long time, relations in the field of hunting and hunting management of the Russian Federation were regulated by a variety of regulatory legal acts, mainly of a subordinate nature. The law on hunting was adopted only in 2009, after which the current legal framework for the hunting industry was almost completely updated. Simultaneously with the adoption of new by-laws stipulated by the Law on Hunting, the process of improving the previously adopted acts and introducing the necessary amendments to them is currently underway. So, to date, more than 10 amendments and additions have been adopted to the Law on Hunting. Without diminishing the positive aspects of the Law on Hunting, it should be noted that it turned out to be not ideal in its structure and content, despite the fact that the work on the project has been going on since the mid-nineties of the last century.
Hunting is a special type of activity associated with the extraction of hunting resources, and traditionally includes a fairly wide range of activities associated with this - search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation. The Hunting Law not only contains an exhaustive definition of the concept of "hunting", but also establishes a closed list of types of hunting. Each of these types of hunting is carried out for a specific purpose and has its own specifics, reflected in the norms of the law.
Legal entities and individual entrepreneurs exercise their right to use the animal world through hunting. Animals are provided for use on the basis of a "hunting agreement". The legislator, having transferred the hunting economic relations into the category of civil law, created many conflicts in the legislation, namely that the norms of administrative and civil law constantly collide and contradict each other.
A positive change in public relations in this area can be called the fact that now the procedure for obtaining the right to use the animal world has been simplified, namely: now one body (executive authority of the constituent entity of the Russian Federation) provides both a land (as well as a forest) plot and an animal in one document world for use. The Law on Hunting has changed the basis for the emergence of rights to use hunting resources, replacing licensing with a hunting agreement and a permit for the extraction of hunting resources.
The timely, complete and legally justified performance of the functions of state administration is called upon to promote the protection of hunting objects and the preservation of hunting resources.
Protection of hunting resources from diseases, regulation of their number, establishment of protective zones are effective measures to preserve hunting resources, however, the considered contradictions of the legislation cannot contribute to the effective implementation of protection goals.
As for the legal regulation of liability, it is worth noting that, in particular, administrative liability for violation of hunting legislation suffers from a number of significant shortcomings that cannot be eliminated without amending the current legislation.
List of used literature and sources
Regulations
1. The Civil Code of the Russian Federation (part two) dated 26.01.1996 No. 14-FZ (as amended on 28.12.2013) // Sobr. legislation of the Russian Federation. 1996. No. 5, article 410; 2013. No. 52 (part I), art.6981.
Code of the Russian Federation on Administrative Offenses of 30.12.2001 No. 195-FZ (as amended on 02.04.2014) // Collected. legislation of the Russian Federation. 2002. No. 1 (part 1), article 1; 2014. No. 14, article 1561.
Forest Code of the Russian Federation of 04.12.2006 No. 200-FZ (as amended on 12.03.2014) // Sobr. legislation of the Russian Federation. 2006. No. 50, art.5278; 2014. No. 11, article 1092.
The Criminal Code of the Russian Federation "dated 13.06.1996 No. 63-FZ (as amended on 03.02.2014) // Collected Legislation of the Russian Federation. 1996. No. 25, Art.2954; 2014. No. 6, Art.556.
Federal Law of 24.04.1995 No. 52-FZ (as amended on 07.05.2013) "On the animal world" // Sobr. legislation of the Russian Federation. 1995. No. 17, article 1462; 2013. No. 19, article 2331.
Federal Law of 24.07.2009 No. 209-FZ (as amended on 28.12.2013) "On hunting and on the preservation of hunting resources and on amending certain legislative acts of the Russian Federation" // Sobr. legislation of the Russian Federation. 2009. No. 30, article 3735; 2013, No. 52 (part I), article 6961.
Decree of the Government of the Russian Federation of October 31, 2013 No. 978 "On approval of the list of especially valuable wild animals and aquatic biological resources belonging to species included in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation, for the purposes of Articles 226.1 and 258.1 of the Criminal Code Russian Federation "// Sobr. legislation of the Russian Federation. 2013. No. 45, article 5814.
Order of the Ministry of Agriculture of the Russian Federation No. 23 dated 20.01.2009. "On approval of the Procedure for regulating the number of wildlife objects classified as hunting objects" // Bulletin of normative acts of federal executive bodies. No. 10.09.03.2009.
Order of the Ministry of Natural Resources of Russia of November 12, 2010 No. 503 "On Approval of the Procedure for Establishing the Borders of Hunting Resource Protection Zones on the Terrain" // Bulletin of Normative Acts of Federal Executive Bodies. No. 3, January 17, 2011.
Order of the Government of the Russian Federation of March 26, 2013 No. 436-r "On approval of the State program of the Russian Federation" Reproduction and use of natural resources "// SZ RF. 2013. No. 13. Art. 1601.
Regulation on hunting and hunting economy of the RSFSR dated 10.10.1960 No. 1548 (revised from 03.05.1994) // SP RSFSR. 1960. No. 34, article 164; Coll. legislation of the Russian Federation. 1994. No. 3, article 221.
Law of the Saratov region of July 29, 2010 No. 125-ЗСО "On hunting resources on the territory of the Saratov region" // Collected. the legislation of the Saratov region. No. 21, July-August, 2010.
Monographs
16. Vinnitskiy A.V. Public property. M., 2013.
E.A. Vystorobets Hunting and Law: Peace, Russia, Altai-Sayan Ecoregion. M., 2007.
A.P. Kaledin Essays on the history of hunting. M., 2010.
Regional and municipal control in the Russian Federation / E.V. Kovtun, A.V. Chaplinsky, A.V. Knutov et al. M., 2012.
Textbooks and tutorials
20. Brinchuk M.M. Environmental law. Textbook for higher educational institutions. GARANT system, 2010.
Commentary to the Federal Law of July 24, 2009 N 209-FZ "On hunting and on the preservation of hunting resources and on amending certain legislative acts of the Russian Federation" (itemized) / I.G. Iutin, N.V. Kichigin, G.V. Pakhareva et al. M., 2011.
Commentary to the Federal Law of July 24, 2009 N 209-FZ "On hunting and on the preservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" (article by article) / edited by O.L. Dubovik // SPS ConsultantPlus. 2011.
Environmental law: textbook / A.Yu. Vinokurov, Yu.E. Vinokurov, S.A. Fomin. M., 2006.
Articles
24. Andreev M.N., Kraev N.V., Kraeva V.N. Federal state policy in the field of hunting and hunting economy // Environmental law. 2013. No. 3.
Anisimov A.P. Legal regime of hunting grounds // Legal Science. 2013. No. 1.
Vasilyeva M.I. The right of citizens to access natural resources (implementation problems) // Journal of Russian law. 2012. No. 8.
Vinokurov A.Yu. Administrative and legal regulation of state environmental control // Administrative and municipal law. 2009. No. 5.
Gurov V. Law on hunting is reigning // Russian hunting newspaper. 2012. No. 47.
Ovdienko V.V. Modern trends in public administration in the field of hunting // Problems of legality. 2011. No. 115.
Okhotnikov A. Wildlife under protection // EZh-Lawyer. 2013. No. 30.
O.G. Shchedrina Regulation of the number of objects of the animal world (administrative and legal aspect) // Business in law. 2010. No. 1.
L.V. Shcherbakova Types of administrative and contractual obligations: the main classification criteria // Administrative and municipal law. 2013. No. 3.
33. Belykh L.A. Administrative and legal regulation of the protection and use of wildlife in the Russian Federation: author. dis. Cand. jurid. sciences. Ekaterinburg. 2005.
Law enforcement materials (archival, current)
34. Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 18, 2012 No. 21 "On the application by courts of legislation on liability for violations in the field of environmental protection and nature management" // Bulletin of the Supreme Court of the Russian Federation. No. 12.2012.
The decision of the Voronezh Regional Court of 01/25/2011 in case No. 21-13 // ATP "ConsultantPlus" (date of access: 04/12/2014).
Electronic resources
36. Extract from the minutes No. 4 of the open meeting of the Academic Council of the State Scientific Institution VNIIOZ im. Professor B.M. Zhitkov Rosselkhozak-demii from 23.06.2009. [Electronic resource] // URL: # "justify"\u003e. Rosokhotrybolovsoyuz: results of work and main tasks. Interview of the Chairman of the Central Board of the Association "Rosokhotrybolovsoyuz" E.V. Bendersky "Russian hunting newspaper" February 28, 2012 [Electronic resource] // URL: http://rors.ru/ru/press/detail. php? ID \u003d 4370 (date of access: 20.04.2014).
According to Article 1 of the Federal Law of July 24, 2009 No. 209-FZ "On hunting and on the preservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" (hereinafter - the Law on hunting), "hunting" is defined as activities associated with the search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation. "Conservation of hunting resources" - activities to maintain hunting resources in a state that allows to provide species diversity and maintain their numbers within the limits necessary for their expanded reproduction. In turn "Hunting resources" - objects of the animal world, which in accordance with the Law on hunting and (or) the laws of the constituent entities of the Russian Federation are used or can be used for hunting purposes.
It is necessary to show the terminological connection and continuity in terms of concepts and principles of legal regulation between the Federal Law "On the Wildlife" (hereinafter referred to as the Law on the Wildlife) and the Law on Hunting.
Among the basic concepts formulated in Art. 1 of the Law on the Animal Kingdom, there are five definitions related to the use of the animal world: “use of objects of the animal world”, “sustainable use of objects of the animal world”, “protection of the animal world”, “use of the animal world”, “users of the animal world”. All of them have both an independent meaning and a connection with the right to use the animal world - one of the types of natural resources related to the biological component of the environment.
It is clearly seen that along with the concept of "use of the animal world" in Art. 1 of the Law on the Wildlife defines the concept of "use
naming objects of the animal world ”, and in the definition of the first term the second was used.
So, "Use of the animal world" - legally conditioned activities of citizens, individual entrepreneurs and legal entities on the use of objects of the animal world. In turn, "the use of objects of the animal world" is the study, extraction of objects of the animal world or obtaining in other ways the benefits of these objects to meet the material or spiritual needs of a person with or without their removal from the habitat.
Comparison of the above definitions clearly shows that in the terminology of the Law on the Animal Kingdom there is a tautology that could have been avoided by combining them into one definition - “use of the animal world (its objects)”. In our opinion, such a terminological solution would allow to get away from the existing problem of incorrectness and ambiguity of concepts and would find conformity with civil law terminology, namely, with the right to use.
Such an approach would also ensure the implementation of the right of state ownership of objects of the animal world (Article 4 of the Law on the Animal World), when the state - owner grants the right to use such to other subjects - citizens and legal entities, as well as the realization of the right to objects of the animal world of persons who do not who are their owners (Article 33 of the Law on the Wildlife).
In the above definitions: 1) use is understood as an activity permitted by law; 2) the subjects of this activity are named; 3) the types and methods of using the animal world are summarized.
The concept of "the right to use the animal world" in Art. 1 of the Law on the animal world is not given, its content is disclosed in Ch. V of this Law, which is called "Use of the animal world."
It is specially stipulated that objects of the animal world are provided for use by individuals and legal entities on the grounds established by the Law on the Animal World and the Law on Hunting (Article 33). Legal entities and citizens can carry out such types of use of the animal worldlike: hunting; fishing, including the capture of aquatic invertebrates and marine mammals; extraction of objects of the animal world, not classified as hunting resources and aquatic biological resources; the use of useful properties of the vital activity of objects of the animal world - soil formers, natural orderlies of the environment, plant pollinators, biofilters and others; study, research and other use of the animal world for scientific, cultural, educational, educational, recreational, aesthetic purposes without removing them from the environment; obtaining waste products of objects of the animal world.
Concerning ways of using the animal world, then, based on the interpretation of Art. 34, the use of the animal world is carried out through the removal of objects of the animal world from their habitat or without it.
The list of objects of the animal world, the removal of which from their habitat without permission is prohibited, is determined by specially authorized state bodies of the Russian Federation 1.
Hunting is one of the most widespread uses of the animal kingdom.
Legal regulation in the field of hunting and the conservation of hunting resources is carried out by the above-mentioned Law on Hunting, other federal laws, other regulatory legal acts of the Russian Federation, as well as laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation.
The law on hunting regulates relations arising in connection with the implementation of activities in the field of hunting (they are also relations in the field of hunting and the preservation of hunting resources). Property relations associated with the circulation of hunting resources and hunting products are regulated by civil law. The Hunting Law does not apply to relations related to the use and protection of wild animals kept in captivity.
Article 1 of the Law on Hunting defines concepts that are closely related to the concept of "hunting": for example, "methods of hunting" are methods and techniques used in the implementation of hunting, including the use of hunting facilities, hunting dogs, hunting birds, and "hunting tools" - firearms, pneumatic and cold weapons classified as hunting weapons in accordance with the Federal Law of December 13, 1996 No. 150-FZ "On Weapons", as well as ammunition, traps and other devices, devices, equipment, used for hunting.
See Order of the Ministry of Natural Resources and Ecology of April 30, 2010 No. 138 (as amended on June 17, 2014 No. 267) “On approval of standards for the permissible withdrawal of hunting resources and standards for the number of hunting resources in hunting grounds” // Rossiyskaya Gazeta. June 25, 2010.
Basic principles of legal regulation in the field of hunting and the conservation of hunting resources, enshrined in Art. 2 of the Law on Hunting, comply with the basic principles in the field of protection and use of wildlife, conservation and restoration of its habitat. These are the principles: ensuring sustainable existence and sustainable use of hunting resources, preserving their biological diversity; establishment of a differentiated legal regime of hunting resources, taking into account their biological characteristics, economic value, availability for use and other factors; the use of hunting resources with the use of hunting tools and hunting methods that meet the requirements of humanity and the prevention of cruelty to animals, and others.
The principles established in faunal laws demonstrate a characteristic feature of the legal protection of the animal world, including hunting resources, according to which their protection is carried out, first of all, through legislatively established requirements for their rational use.
It should be noted that the Law on the Wildlife (Art. 39), as well as the Law on Hunting (Art. 10), establish antimonopoly requirements regarding the acquisition and implementation of the right to use the wildlife, and, accordingly, in the field of hunting and conservation of natural resources. Despite the fact that such requirements are absent in the articles of laws directly devoted to the principles of legal regulation, in our opinion, the protection of competition, in particular, in relations arising in connection with the implementation of activities in the field of hunting, is important, and fundamental, value. Thus, the principle of protection of competition has been established, according to which monopolistic activities and unfair competition in the field of hunting and conservation of hunting resources are not allowed.
Federal executive bodies, state authorities of the constituent entities of the Russian Federation, local self-government bodies, other bodies or organizations performing the functions of these bodies are prohibited from adopting acts and (or) taking actions (inaction), concluding agreements or carrying out concerted actions in the field of hunting and preservation of hunting resources that lead or may lead to the prevention, restriction or elimination of competition, including by creating more favorable conditions for the activities of one natural person, legal entity in comparison with other individuals, legal entities.
The authorized federal executive body may establish the maximum area of \u200b\u200bhunting grounds in respect of which hunting agreements can be concluded by one person, a group of persons 1.
State control over the economic concentration in the field of hunting and conservation of hunting resources is carried out in accordance with the Federal Law of July 26, 2006 No. 135-FZ "On Protection of Competition".
- SZ RF. 2009. No. 30. Art. 3735 ..
Hunting is one of the main types of special use of the animal world, which satisfies the material, recreational and other needs of citizens and farms. The legal regulation of the emerging public relations in this area is based on the Law of Ukraine of February 22, 2000 "On hunting and hunting", x the relevant Resolutions of the Cabinet of Ministers, regulations of the Ministry of Environmental Protection (Ministry of Natural Resources) and the State Forestry Committee (Goskomleskhoz) of Ukraine ... Goskomles-khoz is legally defined by a specially authorized state body in the field of hunting.
It is considered a huntcatching wild animals and birds that are classified as objects of hunting and are in a state of natural freedom or semi-free conditions within the boundaries of hunting grounds. Hunting grounds- these are areas of the earth's surface (territory and water area), which are the habitat of wild animals and where it is possible to catch them. The peculiarity of hunting grounds as a legal category is that they do not form an independent natural object, like land, bowels, waters, forests. Hunting grounds reflect only the special functional properties of natural objects - to be a habitat for wild animals. If there are animals and birds in certain areas, but a permanent ban on their capture is established, then this excludes these areas from the composition of hunting grounds, since the main goal of hunting management is not achieved - obtaining certain material values, products of the hunting economy. Therefore, territories and waters are not considered hunting grounds, the functional purpose of which is incompatible with such a type of special use of the animal world as hunting 2. These include:
1 JV of Ukraine.- 1996.- No. 16.- Art.397.
2 V.S. Shakhov. The right to use hunting grounds. - K., 1993.
In order to protect wildlife and its reproduction, local government administrations or hunting farms may temporarily restrict or stop hunting in a certain area of \u200b\u200bthe land. However, given the temporality of the prohibition of hunting, such grounds do not lose their hunting status.
In Ukraine, the area of \u200b\u200bhunting grounds is about 50 million hectares. The main organizational and legal form of their use is the provision of land for paid use to hunting societies and farms, legal entities, the statutory legal capacity of which provides for the conduct of hunting. Owners and permanent users of land plots (subject to the above condition), as well as previous users of hunting grounds, have the preferential right to use the lands.
Lands are provided by regional councils on the proposal of forestry and hunting management bodies, agreed with the relevant authorities, for a period of at least 15 years. The provision of land is formalized by concluding an agreement between the user and the local forestry authorities, which must comply with its Standard Form approved by the State Forestry Committee on December 12, 1996. The contract defines the boundaries of the assigned lands, the terms of their use, the list of mandatory measures aimed at the rational use and protection of the hunting fund of animals, the rights and obligations of the parties, their responsibility.
The legal significance of the distribution of hunting grounds lies in the fact that hunting management is carried out only by their users. Therefore, the exercise of the right to hunt in hunting grounds, as a general rule, is impossible without obtaining the consent or agreement of the user, who has a legally enshrined and accordingly formalized right to use hunting animals within the boundaries of his hunting grounds.
Object of the huntthe state hunting fund acts, that is, wild animals and birds that are in hunting grounds in a state of natural freedom or semi-free conditions. In accordance with national legislation, the animal world is an independent natural object and is not an element of the environment of its residence, as it is believed in some countries. Therefore, it has no legal significance, in whose ownership or use the territory or water area where the animals are located is. Owners or users of land, forest plots or water areas should receive the right to special use of wildlife objects on a general basis.
By huntingdirect actions of a hunter, aimed at catching wild animals and birds, which are referred to the state hunting fund and are located in hunting grounds are considered. The actions that create the process of obtaining animals include finding them (tracking, identifying), pursuing or beckoning, and actually obtaining (shooting, catching). Hunting is equated with the stay of persons in hunting grounds with hunting dogs, small arms and other tools for catching animals or with hunting products obtained.
Citizens of Ukraine who have reached the age of 18 and have received relevant documents certifying this right have the right to hunt in hunting grounds.
The right to hunt is certified by the following documents, which are mandatory for a hunter:
a hunter's certificate, which is issued by the bodies of the State Forestry Committee of Ukraine after checking the required minimum knowledge of the hunting business with a citizen;
an annual control card for accounting for game caught and hunting violations.
(These documents are issued after payment in the prescribed manner and the amount of the state fee and the corresponding fee for their issuance);
in the presence of hunting firearms - permission of the internal affairs bodies for the right to use them;
when using hunting dogs, hunting animals and birds - the corresponding passport for them;
hunters-members of public hunting organizations (Ukrainian Society of Hunters and Fishermen, Society of Hunters and Fishermen of the Armed Forces of Ukraine, Society "Dynamo") - membership cards;
a special permit for the acquisition of hunting animals. The forms of such permits and the bodies that issue them differ significantly depending on which category of the hunting fund certain wild animals and birds are assigned to.
Taking into account the identity of the legal regime for the protection and use of objects of the state hunting fund, several such categories can be distinguished:
1.
Animals and birds classified as hunting species, but the catch of which, as a general rule, is prohibited. These are, first of all, animals that are listed in the Red Book of Ukraine or those that are within the boundaries of the territories of the natural reserve fund of national importance, as well as rare and valuable animals - otter, badger, etc. scientific and breeding purposes under special permits of the Ministry of Natural Resources of Ukraine.
2.
Artiodactyl animals (moose, deer, fallow deer, wild boars, mouflons, roe deer) and bears, the use of which is carried out in a special licensing procedure for their catching on the basis of the limits approved by the Ministry of Natural Resources for each region. The regional forestry authorities distribute licenses among users of hunting grounds in accordance with their harvest plans, on the basis of which the limits were approved. Users, in turn, provide licenses to one or several hunters for a fee, the amount of which is determined by the State Forestry Committee of Ukraine and ranges from 0.6 (roe deer) to 2.5 (elk) tax-free minimum incomes of citizens.
License- this is a registered official document that certifies the hunter's right to hunt one animal and where the period of its validity (usually daylight hours), place and method of hunting are noted. After the hunt, the license is returned to the authority that issued it. If the animal was not hunted or the hunting was not carried out through no fault of the site user, the license becomes invalid and its cost is not refunded. "
3. Hunting for the most valuable species of fur animals (beaver, marmot,
squirrel, martens, mink, etc.) is carried out according to individual permission
niyam-licenses, which are issued by the regional forestry
farms.
Hunting for less valuable fur-bearing animals (raccoon dog, fox, hare, etc.) is carried out on the basis of the permission of the user of the hunting grounds, the documentary form of which is the shooting card.
4. Capturing game birds (wild ducks, geese, waders, pheasants,
quail, etc.) is carried out with the permission of the user of the hunt
no one's lands with the receipt of a shooting card, as before
case, but a different form. In order to reduce losses
1 1instructions for the order of views1 of the order for the addition of mislivs' tvarinas This order of the order of the lovemaking for the tsikh tvarin is approved by the order of the State Committee for the Development of Decorations V1d 14.03.2001 r. // Offshniy V1snik Ukrashi. - 2001. - No. 4711. - Art. 476.
game permits are issued mainly to hunters who have dogs of hunting breeds.
5. Harmful animals and birds (wolves, foxes, hooded crows, magpies, feral dogs and cats, etc.) cause significant harm to the hunting economy. Therefore, hunters are allowed to exterminate them while hunting other game animals, and at times not permitted for hunting or in prohibited places, hunting and trapping of wolves and foxes is carried out by hunters with the permission of regional forestry authorities.
With the aim of rational use, protection and ensuring the reproduction of the resources of the hunting economy, the legislation establishes a number of restrictions and prohibitions regarding the time, means of hunting, the amount of produced products, etc. So hunting for hunting animals and birds can be carried out mainly in autumn and winter within the time limits determined by the Law of Ukraine "On hunting and hunting." Every year, the State Forestry Committee of Ukraine, in agreement with the Ministry of Natural Resources, determines the beginning and end of the hunting season by regions and categories of the hunting fund, depending on the climatic conditions of the year and the availability of game. Hunting during the hunting season can be carried out on all days of the week, in certain cases - only on Saturday and Sunday.
The State Forestry Committee of Ukraine and the regional forestry authorities establish the norms for shooting animals and birds per hunter during the hunt. A hunter who has hunted an animal or a bird is obliged to make an appropriate mark on the control card of the hunted game, the absence of which means a gross violation of hunting rules.
The legislation prohibits the use of generally dangerous or destructive weapons and means of hunting, for example, explosives, reluctant firearms, the use of vehicles, poison, traps, etc.
Hunting without proper hunting documents in prohibited places, at improper time with prohibited means and tools and violation of other established rules for hunting animals and birds is classified as illegal hunting (poaching), which entails legal liability of the perpetrators.