Article 41 of the Law of the Russian Federation "On the Fauna" defines the list of wildlife objects classified as hunting objects. Such a list is compiled by specially authorized state bodies for the protection, control and regulation of the use of wildlife objects in agreement with the executive authorities of the subjects Russian Federation and approved by the Government of the Russian Federation. Previously, such regulatory documents were issued as: Regulations on hunting and hunting economy of the RSFSR, approved by a decree of the Council of Ministers of the RSFSR of October 10, 1960 (last, as amended and supplemented), Model rules for hunting in the RSFSR (1974), in The regulation, approved by the Ministry of Agriculture on January 4, 2001, defines the procedure for issuing nominal one-time licenses for the use of hunting objects, the removal of which from their habitat is permitted without a license.
The concept of hunting is not given in the legislation on wildlife, although hunting is the oldest form of use of wildlife. In the system of legislation, he is given a fairly significant place. A significant amount of regulatory material in this area is adopted by the constituent entities of the Russian Federation and local governments. As a rule, they regulate the timing of hunting in a certain area, set fees, and resolve other issues of organization and control in the field of hunting.
In the Law of the Russian Federation "On hunting and conservation of hunting resources and on amendments to certain legislative acts in the Russian Federation" dated July 24, 2009 No. 209-FZ (as amended on June 23, 2016) in paragraph 5 of Art. 1 hunting is defined as an activity associated with the search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation.
Hunting also recognizes the removal of wild animals (land and sea, birds and animals) in various forms (shooting, catching, corralling, etc.), live or killed, for the purposes of consumption (food, skins, fat, etc.). ), studying, creating collections, keeping in captivity or semi-free conditions. The right to hunt is permitted in a special administrative order.
In accordance with the intended purpose, the following types of hunting may be carried out: 1) commercial hunting; 2) amateur and sport hunting; 3) hunting for the purpose of carrying out research activities, educational activities; 4) hunting in order to regulate the number of hunting resources; 5) hunting for the purpose of acclimatization, resettlement and hybridization of hunting resources;
- 6) hunting for the purpose of keeping and breeding hunting resources in semi-free conditions or artificially created habitat;
- 7) hunting in order to ensure the maintenance of the traditional way of life and the implementation of traditional economic activities of the small peoples of the North, Siberia and the Far East of the Russian Federation (Article 12 of the Law on hunting and conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation of July 24, 2009 No. 209-FZ.
We can talk about active and passive hunting. When hunting rifles are used or prey is being tracked, this is active hunting. Passive hunting is carried out with the help of traps, nets, and other specially designed means of extraction. The trade is aimed at the extraction of products (furs, meat, etc.). During commercial hunting, animals are killed for profit from the sale of their skins, meat, etc. Commercial hunting is a means of subsistence, and it also involves the capture of animals to provide sufficient food for the survival of the populations traditionally inhabiting the hunting areas.
Sport hunting is carried out in order to meet the aesthetic needs of citizens. Amateur hunting is created to meet the interests of citizens involved in hunting. Both types of hunting are a kind of recreation for a person. Despite the regulation of commercial and sport hunting, both species pose a certain danger to certain species of animals.
Today, sport and commercial hunting, which is widespread throughout the world, poses a threat to many species of large animals (deer, Siberian tiger, snow leopard, etc.). Not surprisingly, the Bengal tiger (India, Nepal) has been disappearing ever since fur coats made from its skin were sold in Tokyo for $100,000. Rhinos are hunted for their horns and elephants for their tusks.
An African elephant could be wiped out in as little as 10 years if poaching is not stopped. In the future, commercial hunting in Russia will be limited or banned altogether. This is evidenced by the disappearance of diverse animal species that previously lived in large numbers. However, the right to commercial hunting has not been abolished, so this type of human activity should be characterized.
The very definition of a hunter is given in Art. 20 of the Law on Hunting and Conservation of Hunting Resources, which recognizes a hunter as an individual whose information is contained in the state hunting and economic register, or a foreign citizen temporarily arriving in the Russian Federation who has concluded an agreement on the provision of services in the field of hunting.
The hunter must have: 1) a hunting license; 2) a permit for the storage and carrying of hunting weapons, issued in the manner prescribed by the federal law "On Weapons", with the exception of cases of hunting with the use of hunting weapons that are not related to hunting weapons in accordance with this law.
A hunting ticket is issued to individuals who have civil capacity in accordance with civil law, who do not have an outstanding or unexpunged conviction for committing an intentional crime and who are familiar with the requirements of the hunting minimum (hunting minimum). It is important to note that a hunting ticket is a document of a single federal standard without limitation of the term and territories of its validity, it has an accounting series and number.
The hunting license is subject to registration by the executive authority of the subject of the Russian Federation in the state hunting register within a month from the date of issue of the hunting license. The types of hunting are defined in more detail in the articles of the Law: hunting for the purpose of carrying out research activities, educational activities (Article 15); hunting in order to regulate the number of hunting resources (art. 16); hunting for the purpose of acclimatization, resettlement and hybridization of hunting resources (Article 17); hunting for the purpose of keeping and breeding hunting resources in semi-free conditions or in an artificially created habitat (Article 18); hunting in order to ensure the maintenance of a traditional way of life and the implementation of traditional economic activities (Article 19). As follows from the content of the new law, the types of hunting are quite widely represented. The new legislation consolidated new hunting rules (Article 23), which are approved by the federal executive authorities (Ministry of Agriculture of the Russian Federation).
Thus, the right to hunt with firearms all citizens of Russia who have reached the age of 18, who are members of a hunters' society, who have passed tests for the hunting minimum, and who have paid a fee for the use of the animal world, have it. In those areas where such rules are vested in hunters who have concluded agreements with procurement organizations for the extraction and delivery of hunting products, full-time hunters of a procurement office, hunters of northern farms, hunters allocated by collective farms, as well as full-time hunters of commercial and hunting farms, they are allowed to hunt wild animals from 14 years of age, regardless of joining the society of hunters. The right to amateur and sport hunting is granted by a nominal one-time license for the extraction of a certain number of objects of the animal world, in a certain place and for a specific period, or by a hunting ticket. Hunting without a proper permit is recognized as hunting without a hunting license or with an expired ticket; unlicensed hunting for birds and animals (hunting for some species of animals is allowed only under licenses); hunting without an agreement with procurement hunting and fishing organizations for the delivery of meat and furs.
The right to amateur and sport hunting may be granted to persons who are not citizens of the Russian Federation on the basis of vouchers issued in accordance with the established procedure. So, hunting for elk, deer, maral, roe deer, wild boar is allowed only if there is a license issued in the form established by specially authorized bodies for the protection, control and regulation of the use of wildlife objects and their habitat, and hunting for licensed species of fur animals (sable, ermine, marten, etc.) is allowed only on the basis of an agreement between hunters and a procurement organization or, if there is an order - a task (for full-time hunters of a procurement office and special economic entities).
Hunting in hunting grounds assigned to state, cooperative, public organizations (associations), individual entrepreneurs and other economic entities is allowed only with a permit or written permission from the administration of the hunting ground. It should be noted that hunting in excess of the norm established by the rules of the agreement or license, or hunting for those species for which a permit has not been issued, is also considered hunting without a permit.
For a correct understanding of poaching, one must refer to Art. 258 of the Criminal Code of the Russian Federation, which characterizes the subject of the crime, recognized as wild animals and birds living in a state of natural freedom in hunting grounds, as well as released for breeding purposes, regardless of whose jurisdiction these grounds are. Since poachers do not always bear legal responsibility for their actions, it is natural that poaching is carried out in places prohibited for hunting, such as nature reserves, wildlife sanctuaries, green areas on the territories of industrial enterprises, transport routes, and other places prohibited by relevant acts.
The list of prohibited hunting tools and methods is also indicated in the hunting rules, these include the following: military and sporting weapons, the use of nets, the extraction of animals in distress, etc.
The methodology for calculating the amount of damage from the destruction of objects of the animal world and violation of their habitat is approved by the Ministry of Natural Resources of Russia.
The methodology for calculating the amount of damage from groundwater pollution was approved by the Order of the Ministry of Natural Resources of the Russian Federation dated December 8, 2011 No. 948 “On Approval of the Methodology for Calculating the Size of Damage Caused to Hunting Resources”.
The courts should keep in mind that illegally obtained objects of the animal world, their parts and products made from them constitute an unfounded enrichment of the person who obtained them (Article 1102 of the Civil Code of the Russian Federation). The gratuitous seizure or confiscation of objects of the animal world does not relieve citizens, legal entities that illegally obtained objects of the animal world from the obligation to compensate for the damage caused to objects of the animal world and their habitat (paragraph 45 of the Resolution of the Supreme Court of the Russian Federation of October 18, 2012 No. 21) .
Perhaps a complete ban on hunting. This is due to the fact that animals are of a certain value. In these cases, all types of hunting at any time of the year are prohibited. A list of such rare and endangered animals is given in the Hunting Rules.
In nature reserves, as a standard of nature, the entire natural complex is protected, namely unique animals, birds and plants, therefore illegal hunting in them can lead to the destruction of valuable species of the animal world, the loss of an invaluable gene pool by mankind. In other words, all types of economic activity and any hunting in the reserves are prohibited.
Describing the issues of fishing and the protection of fish stocks and seafood, it should be said that fishing and harvesting of aquatic animals is understood as the process of catching, slaughtering, extracting or otherwise removing animals from the aquatic environment. Fishing is a branch of the economy, a specific type of use of wildlife.
Usually, the following types of fishing are distinguished: for the needs of the population and economic needs, sport fishing, amateur fishing. Fishing is carried out different ways: with the help of ships, stationary guns, spinning rods, nets and other methods.
In accordance with Art. 42 of the Law "On the Fauna", relations in the field of regulation of fishing and the protection of invertebrates, fish and marine mammals are regulated by the relevant laws and other regulations of the Russian Federation, as well as laws and other regulations of the constituent entities of the Federation. Important legal documents in the regulation of fisheries and the protection of fish resources are Decree of the Government of the Russian Federation of November 20, 2003 No. 704 "On quotas for the catch (production) of aquatic biological resources", which establishes the procedure for the annual approval of the total volume of quotas for the catch (production) of aquatic biological resources. Order of the Ministry of Agriculture of Russia dated December 28, 2012 No. 660 “On approval of the form and procedure for filling out applications for the provision of aquatic biological resources classified as fishing objects in order to ensure the 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, the procedure and term for their consideration”, which are a document, and it is allowed to fish in the indicated places. It should be noted that certain Fishing Rules are also contained in acts of international law, including those concluded by Russia on the basis of bilateral and multilateral agreements. Any fishing is carried out on the basis of a license.
The license is the document on the basis of which it is allowed to carry out activities for a certain period. The list of activities related to industrial fishing (quotas) was previously approved by the Ministry of Natural Resources of the Russian Federation. At present, the issues of granting quotas to fishery organizations are determined by the Federal Law of the Russian Federation of December 20, 2004 No. 163-FZ (as amended on July 3, 2016) “On Fishing and the Conservation of Aquatic Biological Resources”. The Law “On Fisheries and Conservation of Aquatic Biological Resources” provides the basic concepts of the terminology of relations on fishing and conservation of biological resources, defines the rights to aquatic biological resources, fishing objects, conservation of aquatic biological resources and the habitat of aquatic resources, resolution of disputes in the field of fisheries and responsibility for committing offenses in this area. It seems that this law will contribute to the development of the fishing industry and the conservation of the country's aquatic biological resources.
The right to obtain aquatic biological resources is exercised by both legal entities and citizens registered as individual entrepreneurs on the basis of a license issued by the federal fishery agency or its basin departments for the protection, reproduction of fish stocks and regulation of fisheries, or by the executive authority of the constituent entities of the Russian Federation, as usually for a period of at least three years. A license for industrial (commercial) fishing is obligatory for obtaining, in accordance with the established procedure, annual quotas for catching aquatic biological resources, giving the right to harvest aquatic biological resources. All citizens of the Russian Federation in water bodies have the right to free amateur fishing and the extraction of water resources for personal consumption. common use. Citizens have the right to carry out the extraction of fish resources under licenses. The license specifies the quantity, type of fish caught, fishing gear used, terms and other conditions.
Dubovik O.L. Ecological law in questions and answers: study guide. M.: Norma, 2001.S. 198.
hunting is ancient species use of wildlife. One of the central places in the system of legislation on the animal world is assigned to the legal regulation of hunting, hunting management. Relations in the field of hunting and game management are regulated 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, numbers, traditions in use, types and quality of the 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 is approved by the Government of the Russian Federation (Article 41 of the Law on Animals).
The list of objects of the animal world classified as objects of hunting was approved by Decree of the Government of the Russian Federation of December 26, 1995 No. 1289 (as amended on July 30, 1998) ". Thus, mammals that are objects of hunting include: wolf, jackal, fox, corsac fox, raccoon dog, raccoon, bears, lynx, wolverine, badger, martens, sable, harza, wild cats, weasel, ermine, mink, otter, hares, wild rabbit, beavers, marmots, flying squirrels, squirrels , wild boar, musk deer, wild reindeer, roe deer, elk, red deer, sika deer, fallow deer, musk ox, mouflon, saiga, chamois, Siberian Mountain goat, tours, bighorn sheep, etc.
Birds - objects of hunting - include: geese, goose, ducks, capercaillie, black grouse, hazel grouse, partridges, quail, keklik, pheasants, snowcocks, corncrake, moorhen, coot, lapwing, godwit, curlews, snipe, great snipe, garnish, woodcock, saja, pigeons, turtle doves, etc.
Species, subspecies and populations listed in the Red Book of the Russian Federation and the Red Books of the subjects of the Federation cannot be classified as hunting objects. For the traditional needs of the indigenous peoples of the North, Siberia and the Far East, hunting also includes loons, cormorants, skuas, gulls, terns,
1 SZ RF. 1996. No. 2. Art. 120; 1998. No. 32. Art. 3904.
other, except for species, subspecies and populations listed in the Red Book of the Russian Federation and the Red Books of the subjects of the Federation.
The Decree of the Council of Ministers - Government of the Russian Federation of July 26, 1993 No. 728 "On amateur and sport hunting in the Russian Federation" defines the procedure for the implementation of amateur and sport hunting. 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 on the rules of hunting, safety in hunting, handling hunting weapons and paid the state fee in the prescribed amount. Amateur and sport hunting in compliance with the established rules in the lands where the hunting economy is maintained by public hunting organizations, other legal entities and individuals, is carried out with their permission, and in other hunting lands - with the permission of state hunting management bodies.
The certificate for the right to hunt is hunting tickets issued by state hunting management bodies, or membership hunting cards issued by public hunting organizations, with a mark of these organizations on passing tests according to the rules of hunting, safety in hunting, handling hunting weapons and on payment state duty, and a voucher (license) issued in the prescribed manner. Hunting is allowed with a permit for the storage and carrying of hunting weapons. The form of hunting membership cards is determined by the hunting management authority.
The procedure for issuing hunting tickets is regulated by the Instruction on the procedure for issuing hunting tickets and registering hunters on the territory of the Russian Federation, approved by order of the Ministry of Agriculture and Food of Russia dated May 23, 1998 No. 302. A hunting ticket is a certificate of the right to hunt for citizens of Russia. For foreign citizens, such a certificate is a hunting license of a foreign hunter.
Hunting tickets for the right to hunt with firearms are issued to citizens of Russia 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) enshrines the right to purchase hunting weapons only in relation to Russian citizens who have reached the age of 18 , after obtaining a license to purchase a specific type of weapon in the internal affairs bodies at the place of residence (Article 13) 1 . In the subjects of the Federation, where the legislative (representative) bodies have lowered the age at which the use of hunting firearms is allowed, hunting tickets for the right to hunt with firearms are issued upon reaching the age established for possession of firearms.
The issue of issuing a hunting license is considered on the basis of an application of a Russian citizen in the prescribed form and a document confirming citizenship. A hunting license of a foreign hunter is issued upon the application of the party organizing the hunt, a copy of the contract or invitation to hunt and permission from the Russian Ministry of Internal Affairs to import weapons into Russia. Upon expiry of the validity period, the hunting license is subject to replacement upon application of the established form and availability of the hunting license. When changing the place of residence, the hunter must deregister with the organization that issued the ticket, and within two weeks, register at the new place of permanent residence.
The basis for the issuance of a hunting license (foreign hunter's hunting license) is the passing of tests on the rules of hunting, safety in hunting and the handling of hunting weapons. Before the issuance of a certificate for the right to hunt, a state fee is paid. A hunting license 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. Without a registration mark, a hunting ticket is invalidated. The hunting license of a foreign hunter is issued at the place of hunting for the duration of the contract or invitation to hunt.
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 procedure for providing hunting grounds for use is provided for by the order of the Government of the Russian Federation dated 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 state bodies
- 1 SZ RF. 1996. No. 51. Art. 5681; 2001. No. 33. Part 1. Art. 3435.
- 2 SZ RF. 1996. No. 44. Art. 4210.
It was recommended that the authorities of the constituent entities of the Federation provide hunting-users with land for hunting management 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 fund 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 in the hunting grounds assigned to them of those species of wild animals that they have bred and resettled in these grounds at their own expense and brought their numbers to the commercial level.
The legislation of the subjects of the Federation also reflects the regulation of hunting. For example, Art. 6 of the Law of the Moscow Region dated July 12, 2000 No. 43 / 2000-03 “On Hunting and Game Management in the Moscow Region” recognizes as game animals objects of the animal world (wild birds and mammals), duly classified as hunting objects, living in the state natural freedom, as well as released for breeding purposes in hunting grounds. The list of species of game animals classified as hunting objects in 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 living in 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, areas of the forest fund or forests that are not included in the forest fund, as well as water bodies (water areas) that are the habitat of game animals and can be used for hunting and hunting management. The hunting grounds do not include territories, water areas for special purposes, territories of settlements, industrial facilities, transport facilities and other territories where hunting and hunting management is impossible or prohibited in accordance with the established procedure.
The hunting grounds of the Moscow region are divided into the grounds provided for the use of the hunting user for the organization and management of the hunting economy; public lands not provided for use; lands closed for hunting (specially protected natural territories). The procedure for the use of game animals in lands closed for hunting is determined by the regulations on them, approved in the prescribed manner.
The right to use game animals is separate from the right to use lands, waters and forests that are hunting grounds for purposes not related to hunting management. 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 game animals that are in a state of natural freedom, with their removal from their habitat. Hunting includes stalking, pursuing for the purpose of prey and the actual production of game animals using hunting tools. Hunting is equated to being in hunting grounds with unsheathed assembled and / or loaded firearms (including sheathed loaded weapons, disassembly of which is not provided for by the manufacturer), hunting tools or with hunting products (Article 8).
Game animals that are in a state of natural freedom in the hunting grounds of the region are, in accordance with Art. 9 of the Law state property. The division of state ownership of game animals into federal property and the property of the Moscow Region is carried out in accordance with the procedure established by federal legislation. Issues of possession, use, disposal of game 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.
The protection of game animals and hunting grounds must provide conditions for the reproduction, sustainable use of game animals, conservation and improvement of the quality of hunting grounds. The tasks of protecting game 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 game 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 determining the status of these bodies. The protection of game animals and hunting grounds in the region is carried out by specially authorized state bodies, as well as internal affairs bodies within their competence. In specially protected natural areas, in green zones, the protection of game animals is carried out in accordance with the provisions on them. In the hunting grounds provided for use, the protection of game animals, including rare and endangered species, and the provision of assistance to state bodies in the implementation of the protection of the animal world is entrusted to game users.
In the performance of their official 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 game 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 to:
carrying personal hunting weapons with a rifled barrel as a service weapon in the relevant hunting grounds in the performance of official duties, following to the place of work and participating in joint activities of state bodies and hunting users for the protection of game animals;
check documents for the right to hunt, inspect hunting tools and hunting products from persons located in hunting grounds;
draw up protocols for violators of the hunting rules with their subsequent transfer to the Mosoblohokhotupravlenie, and in cases where the identity of the offender cannot be established at the site of the violation, take measures to identify the identity and draw up a protocol;
take measures to transfer illegally obtained hunting products and prohibited hunting tools to the Mosoblohokhotupravlenie, and firearms (if the violator does not have a permit to store and carry it) to the internal affairs bodies.
The right to carry personal hunting weapons is also granted to staff members of the Association “Rosokhotrybolovsoyuz” and its member organizations, including the All-Russian Physical Culture and Sports Society “Dynamo” and the military hunting society and other organizations recognized in the prescribed manner as organizations with special statutory tasks.
Persons involved in the protection of game animals on a voluntary basis (public hunting inspectors) have the right to be with personal hunting weapons in hunting grounds during the implementation of animal protection measures, having a written permission from the Department for the Protection, Control and Regulation of the Use of Game Animals of the Moscow Region or its district authority and under their control. Within the boundaries of the relevant hunting area, public huntsmen have such a right when carrying out the above activities if there is a written permission of the hunter and a fixed bypass, and in its absence, only together with full-time employees of the hunters (Article 14 of the Law).
The use of game 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 game 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 game management; humane ways.
The procedure for hunting is regulated by the Rules for Hunting on the Territory of the Moscow Region, developed by the Mosoblokhotupravlenie and approved by the executive state authority 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 who have passed tests according to the Rules of Hunting, safety precautions for hunting, handling hunting weapons (hunting minimum), have paid the state fee in the prescribed amount and received a certificate for the right to hunt have the right to hunt in the Moscow Region. It is also required that the person be at least 18 years of age. Hunting firearms must be permitted for circulation on the territory of Russia. Persons who have reached the age of 16 and have passed the hunting minimum test with permitted hunting tools, except for hunting firearms, may have the right to hunt.
Unarmed hunting for certain types of game animals, determined by the Mosoblohokhotupravlenie, can be carried out by citizens regardless of age and without obtaining a certificate for the right to hunt.
Hunting licenses issued by the Mosoblohokhotupravlenie or membership hunting tickets issued by public hunting organizations that are part of all-Russian public organizations (associations) of hunters and fishermen serve as a certificate for the right to hunt, with a mark of these organizations on passing tests according to the hunting minimum and on payment of the state fee .
The procedure for conducting tests according to the hunting minimum is determined by the Mosoblokhotupravlenie, and in agreement with it by the boards of the relevant public hunting organizations (associations). Testing according to the hunting minimum is carried out by special commissions created under the Mosobl-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 commission is approved by the decision of the organization that issues the certificate for the right to hunt. Every citizen has the right to take an exam under the hunting minimum program after self-study or after the completion of special courses created under the Mosoblokhotupravlenie, or public hunting organizations (associations).
The right to hunt on the territory of the Moscow Region is obtained by all hunters with a hunting or hunting membership card; permits of the internal affairs bodies for the right to store and carry hunting weapons when hunting with the use of hunting firearms; a nominal one-time license, as well as vouchers for services issued to 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 appropriate documents is classified as illegal.
According to Art. 19 of the Law, the provision of hunting animals and hunting grounds for use to the hunting user is carried out in the manner established by the Federal Law “On the Wildlife”, as well as the civil, land, water and forest legislation of the Russian Federation, the specified 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 game animals and hunting grounds is exercised by the hunting user on the basis of a long-term license for the use of wildlife, issued by the Moscow Regional Administration on the basis of a 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 providing hunting grounds for the use of game animals and hunting management is given to a hunting user located on the territory of the Moscow Region, who previously used hunting animals in accordance with the established procedure within certain boundaries of hunting grounds; land owner, landowner and owner of the forest fund plot, having the appropriate funds and specialists. If there are several applicants of equal priority for the same hunting grounds, hunting animals are provided for use on the basis of competitions. The procedure for making a decision on issuing a long-term license for the use of wildlife and the provision of 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 the Fauna”, civil, land, water and forestry legislation of the PCD, territories used for agriculture and forestry, as well as water bodies (water areas) that make up hunting grounds, may be encumbered necessary conditions providing the use of game animals, hunting and other types of use of wildlife. 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 state power of the Moscow Region may restrict or prohibit in the prescribed manner certain types of economic activities that cause damage to game animals and worsen the quality of the habitat , conditions of reproduction, rest, feeding and migration routes. Appropriate restrictions may 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 game animals and hunting grounds is terminated, respectively, in full or in part in the following cases: refusal of 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 wildlife and hunting, as well as the conditions for the use of game animals stipulated in a long-term license and agreement on the provision of hunting grounds; withdrawal of land for state needs, excluding the implementation of hunting and hunting management; in other cases stipulated by the legislation of the Russian Federation.
The right to use game animals is terminated by the cancellation of the long-term license for the use of wildlife objects by the Mosoblohokhotupravlenie or the termination of the agreement on the provision of hunting grounds for use. With the complete termination of the right to use game 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 wildlife resources and their protection, hunting rules are being developed and approved. Hunting rules are approved at the level of 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 dated June 26, 1997 No. 37-p 1. The Rules stipulate that stalking for the purpose of prey, pursuit and the very prey of animals and birds that are in a state of natural freedom is recognized as hunting. Staying in hunting grounds with firearms, traps and other hunting tools, as well as with dogs and birds of prey, or with hunting products caught or with hunting weapons assembled on public roads is equated to hunting.
Wild animals and birds living in a state of natural freedom and being objects of hunting constitute the state hunting fund. hunting grounds land and forest areas are recognized, as well as water bodies that serve as a habitat for wild animals and birds that can be used for hunting. Hunting grounds are subdivided into the grounds assigned to legal entities (users of the wildlife), where hunting is carried out according to permits issued to these users within the limits established by them, public use grounds, in which hunting is allowed to citizens in the manner prescribed by the rules of hunting, and grounds closed for hunting (reserves, protected areas of national parks, sanctuaries, green areas). In nature reserves, national parks, sanctuaries, green areas, the procedure for the possible use of the state hunting fund is determined by their regulations.
The extraction 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 normative legal acts of the Chelyabinsk region.
- 1997. № 6.
for the purpose of processing and (or) sale), and in the order of amateur and sport hunting and the use of the obtained products for the personal consumption of the hunter.
The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have passed tests on the rules of hunting, safety in hunting, handling hunting firearms and paid the state fee in the prescribed amount. The right to hunt with hunting firearms is granted to persons who have reached the age of 18. The right to engage in amateur and sport hunting may be granted to persons who are not citizens of the Russian Federation on the basis of vouchers issued in accordance with the established procedure.
The hunter is obliged to have with him a hunting ticket or a membership hunting card, other necessary documents for the right to hunt and present them at the first request of persons authorized to check (employees of the body responsible for the state management of hunting, state supervision of compliance with the rules of hunting, protection of reserves and other special protected natural areas, protection of commercial, sports and other hunting farms, police, forest protection, fish supervision, state inspectors of the committee on ecology and nature management, public hunting inspectors and nature conservation inspectors, members of specialized voluntary people's squads) during the hunting period, when traveling to the lands or returning from them, when transporting hunting products, selling or handing it over to procurement organizations. When checking, the hunter is obliged to present for inspection the firearms, hunting tools and hunting products, vehicles that he has.
The 11 hunting rules define the procedure for carrying personal hunting weapons and service (service) weapons in the performance of official duties, the conditions for hunting (having a certificate for the right to hunt, a special permit for hunting game animals, when hunting with hunting weapons - permission from the Ministry of Internal Affairs of Russia for storage and carrying hunting weapons). The hunter is obliged to comply with the norms of hunting animals and the terms of hunting specified in the voucher (license), he is obliged to return the vouchers (licenses) to the place of their issue, making a note about the results of the hunt.
Prohibited tools and methods of hunting have been established. Thus, throughout the entire territory of the Chelyabinsk region, it is prohibited to use small-caliber weapons chambered for lateral fire for any hunting; harvesting of wild ungulates and brown bears while crossing water bodies or using trappers; the use of hooks for hunting, pneumatic weapon, bows, crossbows, hunting pits, wary guns and other generally dangerous self-traps; shot shooting at wild ungulates and a brown bear, as well as shot shooting at a brown bear, elk, red deer; the use of nets, gates, loops, tents for amateur and sport hunting, as well as the use of loops for hunting bears and wild ungulates; the use of any types of chemicals, explosives in the extraction of wild animals, with the exception of baits; collection of eggs and destruction of nests of wild birds, destruction of beaver dams, destruction and excavation of permanent dwellings of fur-bearing animals and badgers.
It is provided that the hunter bears administrative responsibility for being with a loaded weapon in settlements; shooting at a distance closer than 100 m from housing; participation in hunting or being with collected weapons in a state of intoxication; battue shooting along the shooting line, in which the projectile passed closer than 10 m from another shooter; being on any motorized Vehicle ah with a loaded weapon (with the exception of hunting from boats, boats with the engine turned off) and other administrative offenses.
The rules govern the procedure for hunting with dogs, driving, driving and training dogs, and hunting for wild ungulates. The harvesting of wild ungulates is regulated by the current instructions and the said Rules. Hunting is carried out according to licenses, which must be held by the person responsible for shooting (senior team, foreman) during the hunt. The terms of harvesting wild ungulates have been established: elk; Siberian roe deer; boar. The list of species of ungulates allowed 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 bears are especially regulated. Hunting for a brown bear is carried out under a license, which during the hunt must be held by the person responsible for shooting (senior team, foreman). 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 department of hunting resources of the region. Two days are allotted for the recovery of a wounded animal, not counting the day of injury. It is forbidden to shoot female bears with cubs of the current year of birth before entering 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 issuance of additional licenses.
The following conditions for hunting fur-bearing animals, badgers and hares have been established. The document certifying the right to harvest licensed species of fur-bearing animals is a permit (license) issued in the prescribed manner. When hunting for licensed types of fur-bearing animals, it is allowed to harvest all other types of fur-bearing animals, hares and game birds that are currently allowed to be shot. The extraction of these animals can be carried out only on time. The list of species of fur-bearing animals allowed for hunting, and the specific terms of hunting are established before each hunting season by order of the head of the department of hunting resources of the region. Badger hunting is allowed from September 1 to October 31; for hares - from November 1 to February 28 (29); for hares and foxes with hounds and greyhounds that have a certificate or certificate of origin - from October 13.
The extraction 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 harvesting 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 set the days closed for hunting when hunting a hare, as well as the maximum norms for harvesting hares per hunter on the day of hunting. On the territory of the hunting grounds for general use, the maximum norms for the production of hares per 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 trapping with small traps and other traps of polecats and foxes on the territory of rural settlements (in outbuildings and in household plots). Harvesting of moles, ground squirrels (except for sandstone ground squirrel), hamsters is allowed without a hunting license, hunting membership card and voucher.
The rules govern the hunting of game birds. So, spring hunting can be allowed for a period of not more than 10 days for all types of hunting at the same time. In the spring, the following types of hunting are allowed: for male capercaillie on the current; on current male black grouse from cover and approach; on woodcocks on evening draft; on drakes ducks from hiding; on geese from hiding.
In hunting farms, the administration of the farm has the right to establish days closed for hunting, as well as limiting rates of catching game birds per hunter per day. On hunting grounds for general use, the limiting norms for hunting game birds per hunter per day are established by order of the head of the department of hunting resources of the region, depending on game stocks and local conditions. Starting from September 15, all the norms for hunting migratory game birds are canceled, with the exception of places where mass migration routes of waterfowl pass.
The rules govern the conditions for hunting with birds of prey. The right to hunt with birds of prey in the Chelyabinsk region is enjoyed by all citizens of Russia who have reached the age of 16. A certificate for the right to hunt with birds of prey is a hunting ticket or a hunting membership card with a note on payment of the state fee and a voucher issued in the prescribed manner. Hunting with birds of prey is allowed from July 20 to February 28 (29). During this hunt, the norms of prey and the days closed for hunting are not established. Permits for catching and keeping birds of prey are issued by the territorial bodies of the Ministry of Natural Resources of the region in the prescribed manner.
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 appendices to the hunting rules provide for: a scale of indices for determining the amount of damage caused to the state hunting fund; fees for calculating the amount of penalty for damage caused by legal entities and individuals by illegal catching or destruction of terrestrial mammals, birds, reptiles, amphibians and terrestrial invertebrates; fees 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 inhabiting the territory of the region; a list of wildlife objects classified as hunting objects in the region; a list of licensed species of fur-bearing animals inhabiting the territory of the region; a list of valuable species of fur-bearing animals, the skins of which are subject to mandatory surrender under agreements with hunting organizations; calculation of the cost of products from illegally harvested animals classified as hunting objects; list of hunting territories of the Chelyabinsk region.
- SAPG1 RF. 1993. No. 31. Art. 2991.
- 1 Moscow News. 2000. 3 Eng.
Hunting- tracking for the purpose of production, pursuit and production of wild animals and birds by a person who has the right to hunt. Being in the habitats of wild animals and birds with weapons, dogs, birds of prey, traps and other hunting tools or with the extracted products is equated to hunting.
object hunting are wild animals in a state of natural freedom. extermination domestic, farm animals, as well as wild animals in captivity, is considered as the destruction of property and other illegal actions.
List of specific animal species, classified as hunting objects, based on their types, numbers, traditions in use, products obtained, is approved by the Government of the Russian Federation. 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 1995, the objects of hunting are: wolf, fox, bear, hare, mink, sable, squirrel, deer, geese, ducks, partridges, etc.
Types of hunting:
1) Commercial hunting represents mainly the professional activity of hunters-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.).
2) Sports or amateur hunting Citizens who have reached the age of 18, who have passed tests on the rules of hunting, safety precautions in hunting, handling hunting firearms and have paid the state fee in the prescribed amount, can engage in it. Citizens inhabiting the regions of the Far North and areas equated to them enjoy the right to hunt with hunting firearms 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 sport hunting in the Russian Federation" dated July 26, 1993 No. 728 documents certifying the right hunting are:
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, safety in hunting, handling hunting weapons and on payment of the state fee;
Permit or license, issued in accordance with the established procedure, for shooting (catching) the corresponding type and number of animals, indicating the terms of their shooting (catching) and the place of hunting.
Hunting is allowed with a permit for the storage and carrying of hunting weapons, which is issued by the internal affairs bodies. The rates of production (shooting, trapping) of wild animals are determined in accordance with their number and the calculation of the conservation of their livestock.
Hunting in nature reserves, national parks, urban green areas and other specially protected areas forbidden. The terms of hunting are set depending on the type of animals, their living conditions and reproduction.
Issues of using tools and means of hunting regulated by the Decree of the Government of the Russian Federation "On the rules, terms and lists of tools and methods of obtaining objects of the animal world permitted for use", standard hunting rules in force in different regions, and other regulatory acts.
To hunting tools include guns, traps and other items for tracking down and catching animals and birds. It is forbidden to use tools and ways of hunting:
Leading to the mass extermination of animals;
Dangerous for environment;
hunting- activities related to the search, tracking, pursuit of hunting resources, their extraction, primary processing and transportation;
hunting resources- objects of the animal world, which, in accordance with the fed. the law and (or) the laws of the constituent entities of the Russian Federation are used or may be used for hunting purposes;
Legal regulation in the field of hunting and conservation of hunting resources is carried out by the Federal Law "On Hunting and Conservation of Hunting Resources", other federal laws, other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them.
The participants in relations in the field of hunting and conservation of hunting resources are the Russian Federation, constituent entities of the Russian Federation, municipalities, individuals and legal entities.
Individuals and legal entities exercise the right to harvest hunting resources in hunting grounds ( hunting grounds- territories within the boundaries of which it is allowed to carry out activities in the field of hunting).
The right to extract hunting resources arises from the moment a permit for their extraction is issued.
Individuals and legal entities that have the right to extract hunting resources acquire the right of ownership of hunting products in accordance with civil law.
Hunting resources on the territory of the Russian Federation include:
1) mammals:
a) hoofed animals - wild boar, musk deer, wild reindeer, roe deer, elk, red deer, sika deer, fallow deer, musk ox, mouflon, saiga, chamois, Siberian mountain goat, tours, bighorn sheep, bison hybrids with bison, livestock;
b) bears;
c) fur animals - wolf, jackal, fox, corsac, arctic fox, raccoon dog, raccoon, lynx, wolverine, badger, martens, sable, charza, wild cats, weasel, ermine, solongoy, kolonok, hori, mink, otter , hares, wild rabbit, beavers, marmots, ground squirrels, moles, chipmunks, flying squirrels, squirrels, hamsters, muskrat, water vole;
2) birds - geese, geese, ducks, capercaillie, black grouse, hazel grouse, partridges, quail, keklik, pheasants, snowcocks, shepherd, common chariot, corncrake, moorhen, coot, lapwing, tules, khrustan, turntable, turukhtan, herbalist, snails , morodunka, godwit, curlew, snipe, great snipe, harshnep, woodcock, saja, pigeons, turtledoves.
It is prohibited to harvest mammals and birds listed in the Red Book of the Russian Federation and (or) in the Red Books of the constituent entities of the Russian Federation,
The hunter must have:
1) hunting license;
2) a permit for the storage and carrying of hunting weapons, issued in the manner prescribed by the Federal Law "On Weapons", with the exception of cases of hunting with the use of hunting weapons that are not related to hunting weapons in accordance with the said Federal Law.
63. Responsibility for violation of legislation on the protection of wildlife.
Persons guilty of violating the legislation of the Russian Federation in the field of protection and use of wildlife and their habitat bear administrative and criminal liability in accordance with the legislation of the Russian Federation.
Administrative: Destruction of rare and endangered species of animals or plants, Violation of the rules for resettlement, acclimatization or hybridization of wildlife and aquatic biological resources.
Criminal: Violation of the rules for the protection of aquatic biological resources, Illegal extraction (catch) of aquatic biological resources, Illegal hunting, Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation.
Legal entities and citizens who have caused harm to objects of the animal world and their habitat, compensate for the damage caused voluntarily or by a court decision or arbitration court in accordance with the rates and methods for calculating damage to the wildlife, and in their absence - according to the actual costs of compensating for damage caused to wildlife and their habitat, taking into account the losses incurred, including lost profits.
If it is impossible to prevent damage caused by the life of wildlife objects to agriculture, water and forestry, the losses are compensated from environmental insurance funds, if the user of wildlife is a member of such a fund.
The damage must be recovered from the wildlife users if they did not take real and necessary measures to prevent or reduce damage in the territories and water areas assigned to them. In cases where specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitats unreasonably restrict users of wildlife in the removal of wildlife objects that cause damage to agriculture, water and forestry, officials of the relevant a specially authorized state body for the protection, control and regulation of the use of wildlife objects and their habitat.
64. Legal regulation of the treatment of production and consumption waste.
production and consumption waste (hereinafter referred to as waste) - the remains of raw materials, materials, semi-finished products, other products or products that were formed in the process of production or consumption, as well as goods (products) that have lost their consumer properties;
·waste management - activities for the collection, accumulation, use, neutralization, transportation, disposal of waste;
· placement of waste - storage and disposal of waste;
·storage of waste - the content of waste in waste disposal facilities for the purpose of their subsequent burial, neutralization or use;
· disposal of waste - isolation of waste not subject to further use in special storage facilities in order to prevent the ingress of harmful substances into the environment;
Legal regulation in the field of waste management is carried out by the Federal Law "On Waste Production and Consumption", other laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, as well as municipal regulatory legal acts.
Relations in the field of handling radioactive waste, biological waste, waste from medical institutions, emissions of harmful substances into the atmosphere and discharges of harmful substances into water bodies are regulated by the relevant legislation of the Russian Federation.
The main principles of the state policy in the field of waste management are:
protection of human health, maintenance or restoration of a favorable state of the environment and conservation of biological diversity;
use of the latest scientific and technological achievements in order to implement low-waste and waste-free technologies;
· complex processing of material and raw materials in order to reduce the amount of waste;
access in accordance with the legislation of the Russian Federation to information in the field of waste management;
participation in international cooperation of the Russian Federation in the field of waste management
65. The concept and types of specially protected natural objects.
Etc. regul. - Federal Law "On Specially Protected Natural Territories". (specially protected natural territory, hereinafter referred to as PAs)
PAs - plots of land, water surface and air. the space above them, where the nature is located. complexes and O-kty that have environmental, national and other significance.
Taking into account the peculiarities of the regime of specially protected natural territories and the status of environmental institutions located on them, the following categories of these territories are distinguished:
a) state natural reserves, including biospheric ones;
b) national parks;
c) natural parks;
d) state nature reserves;
e) monuments of nature;
f) dendrological parks and botanical gardens;
g) health-improving areas and resorts.
Protected areas nah-Xia in fed. own-sti, own-sti С-ktov of the Russian Federation and in the nat. own-sti.
In fed. own-sti nah-Xia reserves and nat. parks. In the property of S-ktov - nature. parks, sanctuaries, health-improving areas and resorts. In mun. own-sti - health-improving areas and resorts.
66. Legal regime of state natural reserves.
State nature. reserves are created in the form of institutions. Deciding to create. the reserve is accepted by the Government of the Russian Federation
The following tasks are assigned to state natural reserves:
a) implementation of the protection of natural areas in order to preserve biological diversity and maintain protected natural complexes and objects in their natural state;
b) organization and conduct of scientific research, including the maintenance of the Chronicle of Nature;
c) implementation of environmental monitoring within the framework of the national environmental monitoring system;
d) environmental education;
e) participation in the state environmental review of projects and schemes for the placement of economic and other facilities;
f) assistance in the training of scientific personnel and specialists in the field of environmental protection.
The name of the reserve is a federal property: buildings, constructions and other facilities assigned to the reserve belong to it on the basis of operas. management. Land plots were provided on the right of post-perpetual use. on the territory the reserve is forbidden-Xia any household. activity.
67. Legal regime of state natural reserves.
State natural reserves are territories (water areas) that are of particular importance for the conservation or restoration of natural complexes or their components and maintaining the ecological balance. Zakazniks are not Jurassic. Given that the sanctuaries are of federal or regional significance, then the decision to create them is taken either by the government or the executive body of the C-ct. To manage the reserve, an administration is created, which is under the jurisdiction of either the federal environmental control authority or the regional environmental control authority. plots, cat-e fall under the territory. reserve, may be withdrawn from owners, landowners, land users, or may not be withdrawn.
Preserves can have a different profile and be created for different purposes. They are mb complex, i.e. having created Xia for the preservation and restoration of all natural complexes and landscapes, nah-Xia on the territory. reserve, biological - i.e. intended for the conservation and restoration of rare and endangered species of plants and animals, paleontological - i.e. designed to preserve especially valuable water O-ktov.
On the territory of the Republic of Tatarstan, 25 state nature reserves have been created.
68. Legal regime of national and natural parks.
National parks are created in the form of institutions. Designed to fulfill environmental educational and cultural purposes. In the Republic of Tatarstan there is 1 National Park Nizhnyaya Kama (in the Elabuga River)
National parks are entrusted with the following main tasks:
a) preservation of natural complexes, unique and standard natural sites and objects;
b) preservation of historical and cultural objects;
c) environmental education of the population;
d) creation of conditions for regulated tourism and recreation;
e) development and implementation of scientific methods of nature protection and environmental education;
f) implementation of environmental monitoring;
g) restoration of disturbed natural and historical-cultural complexes and objects.
National parks are established by a decree of the Government of the Russian Federation, adopted on the basis of a proposal from the state authorities of the constituent entities of the Russian Federation and the federal executive body in the field of environmental protection.
Feature of the national the park is concluded in the allocation to its territory. various functional areas. In particular:
Protected area (any economic activity is prohibited)
Educational tourism zone (intended for environmental education and acquaintance with the natural sights of the national park)
Recreational zone (intended for visitors to relax)
Economic zone (carrying out economic activities necessary for the functioning of the national park)
Ekol. control impl. fed. service for supervision in the field of nature management.
68. Natural parks:
Natural parks are environmental recreational institutions under the jurisdiction of the constituent entities of the Russian Federation, the territories (water areas) of which include natural complexes and objects of significant environmental and aesthetic value, and are intended for use in environmental, educational and recreational purposes.
The territories of natural parks are located on lands granted to them for perpetual (permanent) use, in some cases - on the lands of other users, as well as owners.
Deciding to create. natural the park is accepted by the org-m isp. the authorities of St. The im-in the nature of the park is the property of S-kta, and it belongs to the park. for example, operas. management. Land account. - on the pr. post-th perpetual use.
The following tasks are assigned to natural parks:
a) preservation of the natural environment, natural landscapes;
b) creation of conditions for recreation (including mass recreation) and preservation of recreational resources;
c) development and implementation effective methods nature protection and maintaining the ecological balance in the conditions of recreational use of the territories of natural parks.
Ekol. control impl. Spanish organ of the S-kta (in the Republic of Tatarstan - the Ministry of Ecology and Natural Resources of the Republic of Tatarstan).
69. Legal regime of resort, health-improving, recreational and green areas.
Territories (water areas) suitable for organizing the treatment and prevention of diseases, as well as recreation for the population and possessing natural healing resources ( mineral water, therapeutic mud, brine of estuaries and lakes, therapeutic climate, beaches, parts of water areas and inland seas, other natural objects and conditions) can be classified as medical and recreational areas.
Medical and health-improving areas and resorts are allocated for the purpose of their rational use and ensuring the preservation of their natural healing resources and health-improving properties.
Therapeutic areas and resorts may have a federal, regional or local meaning. The decision about their creation is made by Pr-in, higher. org. Spanish ow. S-kta, OMS.
Territories developed and used for therapeutic and prophylactic purposes, which have natural medicinal resources, as well as buildings and structures necessary for their operation, including infrastructure facilities, are resorts.
Within the boundaries of health-improving areas and resorts, activities that can lead to deterioration in the quality and depletion of natural resources and objects with medicinal properties are prohibited (limited).
In order to preserve natural factors favorable for organizing the treatment and prevention of diseases of the population, districts of sanitary or mountain sanitary protection are organized on the territories of medical and health-improving areas and resorts.
For medical and health-improving areas and resorts where natural healing resources are subsoil (mineral waters, therapeutic mud, etc.), districts of mountain and sanitary protection are established. In other cases, districts of sanitary protection are established. The outer contour of the district of sanitary (mountain and sanitary) protection is the border of a medical and recreational area or resort.
According to the EC RT: “Green zones are formed around cities and other settlements, including forest park protective belts, as territories that perform environmental protection, sanitary-hygienic and recreational functions.
In green zones, economic activities that adversely affect their performance of environmental, sanitary and hygienic, recreational functions are prohibited.
Introduction
Hunting crimes are probably one of the first types of crimes that people began to commit. Since ancient times, hunting has been a means of obtaining food. Therefore, man tried to protect his hunting resources from offenders. After all, in the end, his life depended on it.
But, unfortunately, people did not always spend the natural wealth wisely. Thus, thanks to the hunters, we have lost many beautiful species of animals and birds.
The animal world, being an integral part of the natural environment, acts as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, the biological properties of water and the quality the natural environment as a whole.
A person has committed and continues to commit crimes related to hunting. Perhaps that is why this topic remains relevant to this day.
The purpose of the course work is to consider and study the legal regulation of hunting in the Russian Federation, the grounds for the emergence of this right, the timing of hunting. I will try, based on the study of Federal laws, regulations and special literature, to make an analysis of the legal regulation of hunting.
In accordance with the purpose of the work, it is necessary to solve the following tasks:
1. to study the legal literature, the legal framework on the topic: the legal regulation of hunting.
2. consider the grounds for the emergence of this right, the system of organization and the timing of the hunt.
3. identify the main terms of hunting.
4. to analyze the legal regulation of hunting.
The course work consists of a plan, an introduction, the first part, consisting of two paragraphs, the second part, a conclusion and a list of references.
Legal regulation of hunting
Hunting is one of the types of use of the animal world. The legislation of the Russian Federation in the field of protection and use of the animal world and its habitat is based on the provisions of the Constitution of the Russian Federation, the Federal Law "On Environmental Protection", the Federal Law "On the Wildlife", laws adopted in accordance with it and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation on the protection and use of wildlife.
According to the regulation "On hunting and hunting economy of the RSFSR" dated 10.10.1960. No. 1548 (as amended on 19.12.1994), hunting is recognized as stalking for the purpose of prey, pursuit and the very prey of wild animals and birds.
Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with hunting products obtained is equated to hunting. That is, hunting is the tracking and extraction of animals and birds, for any purpose. For hunting it is possible to use dogs. But, perhaps, one of the main elements of hunting is a weapon. By the way, it is most often the object of the offense.
Also recognized as hunting is unarmed hunting for gophers, hamsters, water and barn rats, as well as moles. It is made by all citizens, regardless of age, without sampling a hunting license.
Hunting is permitted only in hunting grounds. Hunting grounds are recognized as all land, forest and water-covered areas that serve as a habitat for wild animals and birds and can be used for hunting.
Hunting grounds are divided into:
lands assigned to state, cooperative and public organizations, hunting in which is carried out according to permits issued by these organizations;
lands of common use, in which hunting is allowed for all citizens in the manner prescribed by the rules of hunting;
lands closed for hunting (reserves, sanctuaries and green areas). "Regulations on hunting and hunting economy of the RSFSR" dated 10/10/1960 (as amended on 12/19/1994), p. 4.
When hunting, you can use technical means such as cars, helicopters and airplanes. If they are means of transportation and delivery of hunters to hunting points. Tracking, pursuit and production of animals (shooting on the move, hitting) entails criminal liability.
Forest habitat for animals. The animal world is an integral part of the forest complex, the forest fund. The organization of hunting and game management is one of the types of forest use, and the destruction of animals and birds useful for the forest is among the violations of forest legislation.
Hunting in forest areas provided for hunting management is carried out in accordance with the Federal Law of April 24, 1995 N 52-FZ "On the Wildlife" and the Forest Code.
By virtue of the Federal Law "On the Animal World", the rights to objects of the animal world, types and methods of using the animal world, conditions for using the animal world, the procedure for issuing licenses, the rights and obligations of users of the animal world and responsibility for violating the legislation of the Russian Federation on the protection and use of animals were determined. peace.
The main task of the hunting economy as an integral part of material production is the creation and maintenance of the conditions necessary for the normal implementation of commercial and amateur hunting in order to protect, comprehensively exploit and reproduce hunting resources.
The hunting economy is carried out on the lands of the forest fund, for agricultural purposes, where there are resources of game animals and their exploitation is allowed. The use of forest fund plots for the needs of the hunting economy can be carried out on a lease basis. The tenants are specialized hunting enterprises, public hunting organizations, other legal entities, including foreign citizens.
The objects of hunting relations are hunting animals. The state hunting fund consists of: mammals and birds classified as objects of hunting and in a state of natural freedom, except for species, subspecies and populations listed in the Red Book of the Russian Federation and the Red Books of the subjects of the Russian Federation Erofeev B.V. Environmental Law of Russia. - M.: Lawyer, 1996, p. 51..
The hunting fund is under the joint jurisdiction of the Federation and the subjects of the Federation. The state is the owner of game animals. Between the federation and its subjects there is a distribution of powers for the operational management and disposal of property objects.
The legal regulation of hunting is the joint competence of the Federation and the subjects of the Federation. At the level of the Federation, laws are adopted on the protection of the natural environment, on the protection and use of wildlife, and on hunting; by-laws - government decrees on the approval of the Regulations on hunting and hunting facilities; departmental acts - Model rules for hunting. The subjects of the Federation adopt normative legal acts regulating hunting relations, taking into account local conditions. On the basis of model rules, they approve the rules for hunting in the republic, region, territory. Also, the rules of hunting are regulated by acts of local self-government and acts of subjects of the federation.
The model rules contain a list of prohibited hunting methods and tools. These include, first of all, socially dangerous methods: the use of toxic chemicals, military weapons, grass burning, and the construction of trapping pits. Hunting methods associated with the mass death of animals are prohibited - hunting using vehicles, aircraft, helicopters, boats, etc. Hunting using the plight of animals - forest fires, floods, earthquakes and other natural disasters - is prohibited everywhere.
Government Decree dated 10.01.2009 No. No. 18 (as amended on February 25, 2009) "On the acquisition of wildlife objects classified as hunting objects" contains:
Rules for obtaining objects of the animal world, classified as objects of hunting;
terms of obtaining objects of the animal world, classified as objects of hunting;
a list of tools for obtaining objects of the animal world, classified as objects of hunting, permitted for use;
a list of ways to obtain objects of the animal world, classified as objects of hunting, permitted for use.
Further specification of hunting prohibitions is made in the Hunting Rules approved by the subjects of the Federation.
Persons guilty of violating these Rules are liable in accordance with the legislation of the Russian Federation. Legislation establishes liability for illegal hunting. Criminal liability Article 258 of the Criminal Code of the Russian Federation is provided for.
Illegal hunting is understood as hunting in violation of any legal norms in the field of hunting regulation. Hunting is recognized as illegal without an appropriate permit, either carried out contrary to a special prohibition, or carried out by a person who does not have the right to hunt at all (under the age of 18, not a member of the hunters' society, etc.), who has received a license without the necessary grounds, or carried out outside designated places, within prohibited periods, prohibited tools and methods (for example, traps, loops, nets, electronic devices, etc.). Commentary on the Criminal Code of the Russian Federation. Ed. Yu.I. Skuratov. - M.: Norma-infra, 1999.
When detaining persons engaged in illegal hunting, if it is impossible to establish their identity, weapons or fishing gear may be temporarily, until their identity is ascertained, taken away by bodies or persons of state security, who are entrusted with supervision of compliance with the rules of hunting.
The legislation also establishes administrative liability for violation of hunting rules. And shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles, with or without confiscation of hunting tools, or deprivation of the right to hunt for a term of up to two years; on officials - from ten thousand to fifteen thousand rubles with or without confiscation of hunting tools (clause 1 of article 8.37 of the Code of Administrative Offenses of the Russian Federation). Commentary on the Code of Administrative Offenses of the Russian Federation (item-by-article), ed. N.G. Salishcheva. - M.: Prospect, 2009.