Legal protection of wildlife(faunistic law) in a broad sense is a system of legal norms regulating the protection and use of the animal world and its habitat, social relations that arise in the process of interaction between a person and society with such a component of the environment as the living world; a set of environmentally significant legal actions and inaction of people (legal environmentally significant behavior) in the field of protection and use of wildlife and its habitat; a system of state bodies exercising law-making, managerial, control and supervisory and other functions, as well as the implementation of legal liability measures for violation of wildlife legislation; legal ideology, legal views, feelings and emotions as elements of the legal consciousness of society, individual social groups and citizens in relation to the animal world.

In a narrow sense, it is a set of legal norms and legal relations arising in connection with the protection and use of wildlife.

Legal measures for the protection of wildlife include:

– development, adoption and application of legislative and other regulatory legal acts regulating the protection and use of wildlife;

- setting limits on the use of wildlife, as well as standards and regulations for the protection and use of wildlife and habitats;

– creation of a legal framework for the protection of certain categories of animals and their habitat, for regulating the protection of special territories;

– establishment of a system of measures of legal liability for violation of legislation on the protection of wildlife and its habitat;

– carrying out law enforcement and law enforcement activities in the field of protection and use of wildlife and its habitat;

– legal education and prevention of violations.

An important point in the federal law is economic regulation protection and use of wildlife objects. It provides for the establishment and regulation of economic relations in the field of protection and use of wildlife, including between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation, as well as between users of wildlife and users of other species. natural resources.

Economic regulation of the protection and use of wildlife includes: accounting and economic evaluation of wildlife objects; an economically justified system of payments for the use of wildlife; budget financing of measures for the protection and reproduction of wildlife objects; an economically justified system of fines and claims for damages for violation of the legislation of the Russian Federation on wildlife; targeted use of funds received from the confiscation of tools for illegally obtaining wildlife, vehicles and products.

In order to protect the wildlife, a stricter regime for the use of animals in specially protected areas is established. The use of wildlife is prohibited here and stricter liability is established.

For the protection of rare and endangered plants and animals, the Red Book of the Russian Federation, the Red Books of the constituent entities of the Russian Federation are established.

The right to use wildlife and its types.

Animal world as an object of use and protection.

Plan

§ 1. Fauna as an object of use and protection

The main legislative act regulating relations in the field of protection and use of the animal world, as well as the conservation and restoration of its habitat, is the federal law dated April 24, 1995 "On the Fauna" (hereinafter - the Law of April 24, 1995). As stated in Art. 2 of this Law, the purpose of legal regulation of the protection and use of wildlife and its habitat is to ensure biodiversity, the sustainable use of all its components, the creation of conditions for the sustainable existence of the animal world, the conservation of the genetic fund of wild animals and other protection of the animal world as an integral element of the natural environment.

In addition to the Law of April 24, 1995, relations in the field of protection and use of wildlife are regulated by other legislation of Russia and the subjects of the Federation. Legal regulation these relations according to Art. 72 of the Constitution of the Russian Federation referred to joint jurisdiction Russian Federation and its subjects.

Legislation in the field of protection and use of wildlife and its habitat is based on the provisions of Art. Art. 9, 36, 42 of the Constitution of the Russian Federation.

The powers of the subjects of the Federation in this area are quite extensive. Their jurisdiction, in particular, includes: the establishment of territorial rules, limits and standards in the field of the use of wildlife objects within their competence; granting the right to use objects of the animal world related to their property; harmonization of interests of wildlife users with the interests of users of other natural resources (for example, prohibition or restriction of forest use and water use in habitats of rare animals and birds, fish valuable species); organization of protection and reproduction of objects of the animal world and their habitat; establishment and maintenance of the Red Book of the subject of the Russian Federation; introduction of restrictions on the use of wildlife for the purpose of their protection and reproduction; creation of state nature reserves and other specially protected natural territories and water areas within its competence; organizing and maintaining state records of the number of wildlife objects and their use, maintaining state monitoring and the state cadastre of wildlife objects.

It must be said that the subjects of the Federation actively use their rights in the field of protection and use of the animal world, adopting their own laws and other regulatory legal acts on these issues. For example, in the Republic of Mari El, the Rules for the production of hunting in the Republic of Mari El have been adopted, a scale and fees have been approved for calculating the amount of a penalty for damage caused to the state hunting fund, and the amount of payment for the use of wild animals under a license. By government decrees, 10 state natural reserves have been created and are functioning in the republic, including biological ones: "Emeshevsky" (for the protection of the marmot - marmot); "Peksheevsky" (for the protection and reproduction of capercaillie); "Vasilsur oak forests" (for the protection of valuable hunting and game animals), etc. In order to protect and preserve the number of hunting - commercial species animals, the government adopted resolutions on limiting, and in some years, on a complete ban on their production on the territory of the republic. The measures taken have led to some stabilization of the number of a number of animals: elk, bear, hare - white hare.



The animal world is an integral part of the natural environment, an integral link in the chain ecological systems. In Art. 1 of the Law of April 24, 1995, the following definition of the animal world is given: it is a set of living organisms of all kinds of wild animals permanently or temporarily inhabiting the territory of the Russian Federation and in a state of natural freedom, as well as related to the natural resources of the continental shelf and exclusive economic zone Russian Federation. Legal entities and citizens engaged in keeping and breeding animals in captivity or in semi-free conditions are obliged to treat them humanely, to comply with the appropriate sanitary, veterinary and zoological requirements for their maintenance. Failure to comply with these requirements entails administrative and criminal liability, animals are subject to confiscation in court.

The fauna on the territory of Russia is state property. The delimitation of state ownership of wildlife into federal property and the property of the subjects of the Federation is carried out in the manner prescribed by federal law.

As stated in Art. 4 of the Law of April 24, 1995, the following objects of the animal world can be classified as federal property: rare and endangered, as well as those listed in the Red Book of the Russian Federation; living in specially protected natural areas of federal significance (reserves, sanctuaries, national parks, etc.); inhabiting the territorial sea, the continental shelf and the exclusive economic zone of the Russian Federation; subject to international treaties of the Russian Federation; classified as specially protected, economically valuable; naturally migrating across the territory of two or more subjects of the Federation. Such species of animals are moose, deer, wild boars and a number of others, which often change their habitats, covering considerable distances in search of forage land and crossing the administrative boundaries of regions, territories, republics. Migratory objects of the animal world are birds, as well as some species of anadromous and semi-anadromous fish and a number of species of aquatic animals. These include, in particular, sturgeons, salmon fish, eel, carp, pike perch and others, marine mammals - whales, dolphins, sea otters, seals.

In order to protect and preserve the sustainable biological diversity of the animal world, the Government of the Russian Federation, in agreement with the subjects of the Federation, has the right to classify certain types of animals as federal property and according to other criteria.

§ 2. The right to use wildlife and its types

Determining the types and methods of using the objects of the animal world, the legislation on the animal world proceeds from the fixed principle of such use of its objects, which does not lead to long term to the depletion of the biological diversity of the animal world and in which the ability for its reproduction and sustainable development is preserved.

Hunting - getting wild animals and birds, one of the oldest industries production activities person. The hunting fauna of the Russian Federation is rich and varied, it includes more than 100 species of fur-bearing animals, 20 species of ungulates, 150 species of hunting birds.

The State Hunting Fund consists of wild animals and birds that are in a state of natural freedom, permanently or temporarily inhabiting the territory of the Russian Federation and classified by the Government of the Russian Federation as hunting objects. The list of wildlife objects classified as hunting objects is determined by Decree of the Government of the Russian Federation of December 26, 1995 N 1289.

The procedure for the production of hunting and conducting hunting economy established by this Federal Law, other regulatory acts of the Russian Federation in force in the constituent entities of the Russian Federation, the Laws on hunting and hunting facilities, the Rules of Hunting, other regulatory acts of the constituent entities of the Russian Federation, as well as orders and instructions of specially authorized state authorities for protection, control and regulation use of objects of the animal world and their habitat.

The legal act regulating the whole complex of relations in the process of hunting is the Hunting Rules in force in the constituent entities of the Russian Federation. With regard to a particular region, they determine the procedure for granting the right to hunt; the concept and boundaries of hunting grounds, terms, methods of hunting; rights and obligations of hunters; a list of animal species prohibited for hunting and other conditions for hunting.

Commercial hunting is carried out by hunters - fishermen, hunting - by commercial and other hunting farms various kinds and organizational legal forms property. Amateur and sport hunting are types of recreation and hunting tourism developing on its basis.

Citizens of the Russian Federation have the right to hunt with a hunting license firearms, other permitted hunting tools, as well as hunting dogs, birds of prey is provided upon reaching the age of 18 when joining a hunters' society and passing tests on hunting rules, hunting safety, handling hunting weapons and paying a state fee. The hunter must have a duly issued permit for the storage and carrying of hunting weapons.

In commercial hunting areas, full-time hunters - hunters of hunting farms, hunters from among the indigenous population are granted the right to hunt regardless of joining the hunters' society and with a decrease in age. Foreign hunters are granted the right to hunt after passing tests according to the rules of hunting, safety in hunting and handling hunting weapon. A certificate for the right to hunt is a properly issued hunting license issued by the state hunting management authority or a public hunting organization, and for a foreign hunter - a hunting license of a foreign hunter.

The right to hunt and maintain a hunting economy is granted to legal entities on the basis of a long-term license with allocation in the prescribed manner certain territory and water areas, to citizens on the basis of nominal one-time licenses for the extraction of a certain number of animals, in a certain place or for a specific period. Priority in granting the right to hunt and the allocation of hunting grounds in a particular territory is given to Russian legal entities and citizens.

The list of animal species classified as hunting objects, the removal from the habitat of which without a license is prohibited, is determined by the Order of the State Committee for Ecology of Russia dated November 23, 1999 N 714. Such animals include, for example, musk ox, bison hybrids with bison and livestock, elk, red deer, spotted deer, fallow deer, wild reindeer, roe deer, bighorn sheep, chamois, mouflon.

The acquisition of animals classified as objects of hunting is allowed with permitted tools and methods. The use of generally dangerous and destructive methods and tools for obtaining animals is prohibited. In the hunting grounds of general use, hunting is allowed for all citizens in the manner prescribed by the current Hunting Rules. In the lands assigned to hunting users, hunting is carried out with the permission of the organizations to which they are assigned. The lands closed for hunting are: the territories of state nature reserves, state nature reserves, green zones and other territories, the prohibition of hunting on which is established by the Rules of Hunting.

The law obliges hunting users to take measures to create necessary conditions for the protection and reproduction of game animals, not to take actions that may lead to their death, reduction in numbers or disturbance of their habitat. In order to increase the number of game animals and birds on the territory of hunting farms and hunting grounds, measures are being taken to improve the fodder and protective properties of hunting grounds, feeding hunting animals in difficult periods of the year, combating harmful predators, reducing the negative impact economic activity on hunting fauna, release of animals and birds into hunting grounds, fight against animal diseases.

Citizens who make up the indigenous peoples and ethnic communities of the north and Far East, if their original habitat and traditional way of life are associated with the animal world, along with the general rights of citizens in the field of hunting, they are vested with special rights established by Art. Art. 48 and 49 of the Federal Law "On the Animal World".

Fishing is defined by the said Federal Law as an activity that includes fishing, harvesting of aquatic invertebrates and marine mammals. The Russian Federation uses aquatic biological resources of inland water bodies: rivers, lakes, reservoirs; inland sea waters; territorial sea; continental shelf and exclusive economic zone of the Russian Federation. The main part of the esophagus, medical, fodder, technical products is provided by industrial extraction and processing of aquatic biological resources.

The current legislation industrial fishing and fish farming, with the exception of commercial fish farming, is allowed on the basis of a license.

Issuance of licenses to legal entities and citizens registered as individual entrepreneurs, is produced by the State Committee for Fisheries or its basin departments for the protection, reproduction of fish stocks and regulation of fisheries. The State Committee for Fisheries of Russia has the right to transfer the powers to license fishing and fish farming to the executive authorities of the constituent entities of the Russian Federation. The license defines the established quota for catching (harvesting) aquatic biological resources, the term, place and other conditions of fishing.

On the continental shelf and in the exclusive economic zone of the Russian Federation, the procedure for industrial fishing and the extraction of marine biological resources is regulated by the Federal Law "On the Continental Shelf of the Russian Federation" of November 30, 1995 and the Federal Law "On the Exclusive Economic Zone of the Russian Federation" of December 17, 1998 .N 191-FZ and adopted in their development by the decrees of the Government of the Russian Federation, orders of the State Fisheries Committee of Russia and international agreements.

The Federal Law "On the Continental Shelf of the Russian Federation" refers to the living resources of the continental shelf belonging to the Russian Federation the so-called "sessile species" - organisms that, during the period when their fishing is possible, are in a stationary state on seabed or under it, or unable to move except by being in constant physical contact with the seabed or its subsoil (art. 4).

The right to use the living resources of the continental shelf is granted to individuals and legal entities of the Russian Federation, as well as individuals and legal entities of foreign states, foreign states competent international organizations. The issuance of licenses (permits) is carried out by the State Committee for Fisheries of Russia with the notification of the Ministry of Natural Resources of the Russian Federation, the Federal border service Russian Federation, the State Customs Committee of the Russian Federation and the Ministry of Defense of the Russian Federation.

The priority right to use the living resources of the continental shelf belongs to representatives of indigenous small peoples and ethnic communities of the North and the Far East, permanently residing in the territories adjacent to the sea coast of the Russian Federation, and Russian entrepreneurs carrying out activities for the artificial reproduction of living resources.

The living resources of the exclusive economic zone of the Russian Federation include all types of fish, marine mammals, mollusks, crustaceans, and other aquatic biological resources, with the exception of living organisms of "sessile species".

The rules for fishing and other types of use of living resources of the exclusive economic zone of the Russian Federation are developed by the State Committee for Fisheries of Russia, taking into account the proposals of the executive authorities of the constituent entities of the Russian Federation, whose territories are adjacent to the sea coast. Fishing rules, total allowable catches in the exclusive economic zone of the Russian Federation are approved by the Government of the Russian Federation. The issuance of licenses for fishing and other types of use of living resources is carried out by the State Committee for Fisheries of Russia.

Russian and foreign legal entities engaged in fishing and other types of use of living resources in the exclusive economic zone of the Russian Federation are required to comply with the rules for catching and catching (extraction) of living resources, comply with other conditions of the license (permit); prevent the deterioration of the natural habitat of living resources; ensure unhindered access to the fishing vessel for security officials; submit reports on the volumes of catch (production), timing, areas of fishing, as well as comply with other requirements established by the Federal Law "On the Exclusive Economic Zone of the Russian Federation".

Amateur and sport fishing, harvesting of other aquatic animals and plants for personal consumption is permitted in all water bodies, with the exception of state nature reserves, fish hatcheries and other water bodies for which sports and recreational fishing or industrial fishing licenses (licensed water bodies) have been issued. Amateur and sport fishing, obtaining (collecting) aquatic invertebrates and plants in public water bodies are permitted to all citizens.

The extraction of objects of the animal world, not classified as objects of hunting and fishing, is singled out as an independent type of use of the animal world. These include large group animals that have no commercial value, but are harvested for use in scientific purposes, caught to obtain life products (snakes), are in commercial demand.

According to the Law, the acquisition of these animals is allowed with the permission of specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat. There is a fee for acquiring the right to use them. Its specific dimensions are determined by the executive authorities of the constituent entities of the Russian Federation, taking into account local characteristics and types of use of these animals on the basis of limit sizes fees approved by the Government of the Russian Federation. The rules, deadlines, lists of tools and methods of acquiring these animals permitted for use are established by the executive authorities of the constituent entities of the Russian Federation on the proposal of specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitat.

The use of the beneficial properties of the life of objects of the animal world - soil formers, natural environmental sanitation, plant pollinators and biofilters - creates conditions for the conservation and sustainable development of life on earth.

In the complex process of soil formation, along with physical factors(temperature, wind, precipitation, vegetation) involved animal organisms - soil formers. The vital activity of worms, ants, termites ensures soil fertility. The development of entomophilous plants requires the maintenance of vital activity of pollinating insects. In the European flora of angiosperms, 80% of plants are pollinated by insects. The harvest of fruits, vegetables, grain crops such as buckwheat depends on their pollination by insects. Birds and ants, being the orderlies of the natural environment, destroy the centers of forest pests. The red ant, destroying caterpillars in huge numbers, has exclusively importance to protect the forest.

The use of the useful properties of these objects of the animal world is ensured by the establishment of environmentally safe conditions for their existence: regulation of the quality of the natural environment, measures to prevent environmentally harmful activities; state control over the state of the environment, bringing to justice legal entities and citizens guilty of committing environmental offenses.

Wild animals are not only part of natural systems, but are also widely used in scientific and economic purposes. Scientists are studying objects of the animal world to develop new forms and improve the breed of domestic animals as an object for creating various kinds of technical systems (bionics). Animals are used for display in zoos, for the manufacture of teaching aids and museum exhibits. Wild animals are an important part of the "tourism industry", millions of people in the world visit national parks to admire animals and birds in a state of natural freedom.

Nature renders big influence to the spiritual world of man. It is especially important to educate the younger generation in understanding the importance of protecting the wealth of nature and wildlife. Nature is the source of restoration of the disturbed peace of mind, spiritual perfection of man. No wonder most people associate their holidays with nature.

According to the Law, such forms of using objects of the animal world as observation, marking, photographing and other methods of their study, carried out without removal from the environment, are allowed without special permission and free of charge. At the same time, the Law stipulates that these forms of research and use of objects of the animal world must not harm the animal world or its habitat, violate the rights of users of wildlife and other resources, as well as the rights of land owners, landowners, owners of the animal world.

Unfortunately, there are cases when animals and their habitats were harmed during filming. Spectacular shots with forest fires, floods led to the death of animals, the destruction of trees and shrubs.

The use of objects of the animal world through observation, photography may be prohibited in those areas of state nature reserves where any human intervention in natural processes is excluded. During periods of incubation of chicks, the appearance of young animals, state natural zoological reserves may be closed for this type of use of the animal world. In national parks in the protected area, photography, observation of animals is prohibited. For photo hunting, special zones are allocated here: educational tourism, recreational and others. To eliminate the disturbance factor, special shelters are created in national parks for observing and photographing animals.

Withdrawal of objects of the animal world from the habitat for use in scientific, cultural, educational and other purposes is allowed with special permits from specially authorized state bodies for the protection, control and regulation of the use of objects of the animal world and their habitat and may be paid.

special order established for the extraction of objects of the animal world, listed in the Red Book of the Russian Federation, for the indicated purposes. Decree of the Government of the Russian Federation of January 6, 1997 No. 13 approved the Rules for obtaining wildlife objects belonging to species listed in the Red Book of the Russian Federation.

Since ancient times, man has been using honey, wax of wild bees, white fluff of birds (eiders) for warming clothes, collecting bird eggs (guillemots) and other waste products of wildlife.

The law allows the use of the products of vital activity of objects of the animal world without their removal from the environment, without their destruction and violation of their habitat. It is known that living in colonies arctic birds perish during the indiscriminate collection of their down and eggs, leave the nests.

The procedure for collecting waste products of objects of the animal world is established government bodies on the protection, control and regulation of the use of objects of the animal world and their habitat and should provide for measures to prevent the death of animals and the violation of their habitats.

The use of objects of the animal world with their removal from the environment in accordance with part four of Article 34 of this Federal Law is provided for a fee, the amount of which is established by the executive authorities of the constituent entities of the Russian Federation in the manner and within the limits determined by the Government of the Russian Federation.

The use of wildlife objects not included in the list specified in Part Four of Article 34 of this Federal Law may be carried out free of charge, if this is not associated with obtaining a license or permit for the use of wildlife.

The use of wildlife is carried out in compliance with federal and territorial standards, rules, limits and regulations developed in accordance with this Federal Law, other laws 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.

The use of wildlife is carried out in conjunction with a system of measures for the protection and reproduction of wildlife objects, the preservation of their habitat.

The use of the wildlife is carried out by legal entities on the basis of a license for the period specified in the license by agreement of the parties and depending on the type of use of the wildlife within the boundaries of a certain territory and water area.

The use of wildlife is carried out by citizens on the basis of nominal one-time licenses for the extraction of a certain number of wildlife objects in a certain place or for a specific period.

In one territory or water area, several types of use of the animal world can be carried out, if the implementation of one of them does not interfere with the implementation of the other.

§ 3. Legal measures for the protection of wildlife. Responsibility for violation of legislation on wildlife

In accordance with Art. 55 of the Federal Law "On the Animal World" legal entities and citizens guilty of the following offenses:

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

violation of the rules for the protection of the habitat of animals, the rules for the creation of zoological collections and trade in them, as well as in unauthorized resettlement, acclimatization and crossing of objects of the animal world;

violation of the rules of transportation, storage and use of plant protection products and other drugs that caused damage to the animal world;

the destruction of rare and endangered objects of the animal world or the commission of other actions that may lead to the death, reduction in the number or violation of the habitat of these objects of the animal world;

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

violation of whaling rules;

importation into the Russian Federation and exportation of objects of the animal world, their products and parts without an appropriate permit;

violation of the requirements to prevent the death of objects of the animal world in the course of economic activity and during the operation of vehicles;

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

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

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

concealment or distortion of information about the state and number of objects of the animal world, which is important for the safety of the population and domestic animals, the sustainable use of objects of the animal world, their reproduction and the quality of their habitat, -

bear civil, administrative and criminal liability in accordance with the legislation of the Russian Federation.

In the Code of Administrative Offenses of the Russian Federation of December 30, 2001, the elements of offenses directly related to the topic and sanctions for their commission are provided for in Art. Art. 7.11, 8.1 - 8.5, 8.12 - 8.15, 8.25 - 8.34.

Practice shows that the effectiveness of administrative responsibility in the field of environmental quality is affected by:

insufficient speed in the proceedings on cases of administrative offenses(more than a third of cases are considered in violation of the deadline established in the Code of Administrative Offenses);

weak educational impact of the procedure for considering cases and issuing decisions on the imposition of an administrative penalty (especially since the place of consideration of cases of administrative offenses is, as a rule, the place of their commission, and not the place of residence or work);

failure to ensure the reality of the execution of decisions (for the same reasons: a decision adopted at the place of commission of the offense is sent to the place of work or residence, where sometimes it is not executed in a timely manner);

the inadequacy of the recovery of the deed (primarily due to the insignificance of the amounts of fines established in the legislation; legislation foreign countries provides for more significant penalties that have an appropriate impact on offenders);

lack of stability and consistency in administrative punitive practice (due to the insignificance of fines - the main means of administrative influence - coordination of this activity on a national scale was not carried out properly: there are shyness in law enforcement practice, inconsistency in its implementation in different regions and even within the territory of the subject of the Russian Federation) ;

poor knowledge of officials and citizens of the legislation on administrative offenses (hence, for example, there are widespread violations of the 15-day period for considering the material from the moment it is received);

When determining the effectiveness of administrative responsibility for natural resource offenses, it is advisable to clarify two questions: firstly, the degree of real application of responsibility and, secondly, the state of the tendency to change the number and quality of offenses.

Analysis and comparison of data on the number of inspections carried out and detected offenses by year and by various constituent entities of the Russian Federation indicate a significant gap in most cases between inspections, detected violations and penalties imposed, which also suggests a high latency (unknown, undetectable) offenses.

The Criminal Code of the Russian Federation provides for crimes (considered publicly dangerous deeds) associated with causing harm to the animal world:

violation of environmental protection rules in the course of work (Article 246), violation of the rules for handling environmentally hazardous substances and waste (Article 247), violation of safety rules when handling microbiological or other biological agents or toxins (Article 248);

violation veterinary regulations and the rules established for the control of plant diseases and pests (Art. 249), water pollution (Art. 250), atmospheric pollution (Art. 251), marine environment pollution (Art. 252), violation of the legislation of the Russian Federation on the continental shelf and the exclusive economic zone of the Russian Federation (Article 253);

illegal harvesting of aquatic animals and plants (Art. 256), violation of the rules for the protection of fish stocks (Art. 257), illegal hunting (Art. 258), destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Art. 259), violation of the regime specially protected natural areas and natural objects(Article 262 of the Criminal Code of the Russian Federation), etc.

In Art. Article 55 of the Law "On the Animal World" refers to civil liability for violation of the legislation on the animal world. For causing property damage to the animal world by the specified offenses, the perpetrators bear civil liability (i.e. compensate for the damage), even regardless of whether they are brought to administrative or criminal liability. Article 56 is devoted to civil liability for causing damage to wildlife. The article establishes equal responsibility in the event of damage to wildlife and their habitat, both by legal entities and citizens.

Damage can be caused by various guilty actions: illegal removal of objects of the animal world; death from pollution and habitat destruction; death in the process of forestry work, etc.

In practice, it often happens that there are no rates and methods for calculating damages for certain categories of wildlife objects and habitats, therefore the Law assumes that in such cases, liability for damages is determined, as a rule, by a court decision, based on the actual costs required for compensation for damage caused to wildlife and their habitats, with the obligatory consideration of the losses incurred, including lost profits.

Thus, the Law contributes to the prevention of damage to the animal world. However, the very vital activity of objects of the animal world can be associated with damage caused by animals to agriculture, forestry, and water management.

Forest users, wildlife users are obliged to take measures to prevent such damage (regulating the number of wild ungulates - elks and wild boars, to hunt wolves, gray crows, create artificial barriers, preventing the concentration of animals near agricultural land, railway and highways), as well as timely informing specially authorized authorities of the need to take measures to prevent damage, for example, to shoot wild boars "on the grass", to regulate the number of gulls, herons in pond farms.

If it is impossible to prevent damage caused by the life of wildlife objects, the losses shall be reimbursed from environmental insurance funds in accordance with the procedure established by the Law, if the user of wildlife is a member of such a fund. In all other cases, the proceedings must inevitably go through the court, if the claims are filed by the parties.

The law, for example, provides for the recovery of damage from wildlife users if they have not taken real necessary measures to prevent or reduce damage in the territories and water areas assigned to them. However, often the cause of damage is the negligence or abuse of official position of officials of specially authorized state bodies, who unreasonably limit wildlife users in the removal of wildlife objects that are detrimental to agriculture, water, forestry, or draw up incorrect methods, establish incorrect methods and terms of extraction.

In such cases, officials of the relevant specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitats are liable for the specific damage caused. In these cases, users of wildlife and natural resources, in particular, on the basis of Art. 40 of the Law has the right "to bring claims in accordance with the procedure established by the legislation of the Russian Federation for damage caused to them by unlawful actions of (specified) legal entities."

The law established that objects of the animal world, taken from the natural environment in violation of the law, are confiscated free of charge from legal entities and citizens (from owners) or confiscated and can even be returned to the habitat if the physical condition of the animal allows it. In other cases, all objects of the animal world, gratuitously seized and confiscated from the owners, are subject to sale based on the requirements civil law(It is especially important to take into account the sections of property law).

The sale of wildlife objects taken from the natural environment in violation of the law is carried out by indemnifying the state for actions related precisely to the illegal removal of wildlife objects from the natural environment. So, for example, the skins of illegally harvested beavers are evaluated by commodity experts, hunting specialists, their seizure is formalized from the illegal owner (poacher, reseller) with a special act of inventory and evaluation. Confiscation is carried out by a decision of specially authorized bodies, and in certain cases - by a court decision (if the owner has filed a protest).

Realization, as a rule, occurs after evaluation through specially created shops, ateliers, fur refrigerators.

The illegal owner of objects of the animal world, taken from the natural environment in violation of the law, may be asked by a specially authorized state body to reimburse all costs associated with the procedures for the seizure, storage, evaluation (hiring of specialists).

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

The necessary conditions for the implementation of activities for the protection of wildlife are the development and implementation of federal and territorial government programs for the protection of the animal world and its habitat; maintaining state records, state cadastre and environmental monitoring of wildlife objects.

Users of the wildlife are obliged to annually keep records of the objects of the animal world used by them and the volumes of their withdrawal and submit these data to the competent state bodies that keep records and cadastre of objects of the animal world. State monitoring of wildlife objects is necessary for the timely detection of changes in the state of the wildlife, prevention and elimination of the consequences of negative processes and phenomena in order to preserve biological diversity, rational use of the wildlife.

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

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

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

Organization of the rational use of the animal world, regulation of the number of animals and their reproduction;

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

Animal habitat protection.


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

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

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

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

4. In order to preserve rare and endangered species of animals, the reproduction of which is impossible in natural conditions, specially authorized bodies are obliged to take measures to create the necessary conditions for their breeding in captivity - in semi-free conditions and artificially created habitat (Article 26 of the Law about the animal world).

5. The Law "On the Fauna" provides for special measures to prevent the death of animals in the course of production processes. This refers to the prevention of the death of animals as a result of changes in habitat and disruption of migration routes, falling into water intake structures, units of production equipment, under moving vehicles and agricultural machines, as well as as a result of the construction of production facilities, the extraction, processing and transportation of raw materials, collisions with wires and the action of electric current, exposure to electromagnetic fields, noise and vibration, etc.

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

The basis for inclusion in the Red Book of one or another species of animals is data on changes in their numbers, living conditions, requiring urgent action. Inclusion in the Book means the universal prohibition of the destruction, trapping, shooting of these species of animals and the destruction of their habitat.

7. Legislation regulates the acquisition of animals for zoological collections (Article 29 of the Law on Fauna) - fund scientific collections of zoological institutes, universities, museums, as well as collections of stuffed animals, preparations and

Introduction 3
1. Objects and subjects of protection and use of wildlife 4
2. Legal protection of wildlife 6
3. Ownership of wildlife and the right to use
wildlife 9
4. Legal liability for violation of protection rules
and use of wildlife 15
Conclusion 19
List of sources used 20

Introduction
The legal protection of wildlife is one of the most developed areas of environmental protection, which is a set (system) of national and international, national and regional, organizational, economic, legal, environmental, educational measures to preserve the population and species composition and maintenance of the number of wild animals at an optimal level for their existence, as well as the preservation of their habitat.
The protection of the animal world is an integral part of the conservation of biological diversity. At present, the need to protect not individual objects, be it species of animals or plants, but a comprehensive, holistic protection of ecosystems, including the animals themselves, their habitats, and other objects, has been substantiated.
At present, the traditional approach to the protection of the animal world, sometimes called faunistic, is being replaced by a broader approach that reflects contemporary tasks legal regulation and its new objects, as well as new means (instruments) of legal influence.
Legal measures for the protection of wildlife consist of: development, adoption and application of legislative acts regulating the protection and use of wildlife; in setting limits on the use of the animal world, as well as standards and norms for the protection and use of the animal world and habitat, in creating a legal framework for the protection of certain categories of animals and their habitat, as well as for regulating the protection of special territories; in establishing a system of measures of legal liability for violation of legislation on the protection of wildlife and its habitat; carrying out law enforcement and law enforcement activities in the field of protection and use of wildlife; legal education and prevention of violations.
1. Objects and subjects of protection and use of wildlife
Russia, due to its vast territory (17 million sq. km) and relatively weak disturbance of natural ecosystems, natural and geographical conditions, has a significant reserve of biodiversity.
The fauna of vertebrates includes 1513 species, of which 320 are mammals, 732 are birds, 80 are reptiles, 29 are amphibians, 343 are freshwater fish, 9 are cyclostomes, and up to 1500 species are found in the seas of the Russian Federation. marine fish. In addition, the fauna of invertebrates includes 130-150 thousand species, of which 97% are insects. At the same time, almost 60 species of mammals and 70 species of birds are objects of permanent hunting and amateur hunting.
Livestock is in good condition reindeer, deer and red deer, sable and beaver. In general, the trend that developed in the first half of the 90s and was characterized by a rapid reduction in the number of many valuable species of game animals, in last years stabilized, but the problems of biodiversity conservation, prevention of negative changes in the habitat of animals, protection of rare and endangered species continue to be acute.
It is rather difficult to give a list of both, if only for the reason that the range of objects and subjects in this case is very wide. So, the object is: the animal world as a whole, hunting animals, animals listed in the Red Book of the Russian Federation or in the International Red Book (CITES / SITEK), Red Books of the constituent entities of the Russian Federation or subject to specially concluded agreements, used by humans as pollinators of plants withdrawn from the environment and not withdrawn from it, the habitat and habitats of animals, animals, birds, insects, fish - marine and freshwater, marine mammals inhabiting forests and steppes, the continental shelf, located on the territory of the country permanent or migratory species, etc.
In other words, grouped according to different criteria, animal species in the aggregate represent one of the most important components of the environment for humans, and by no means because of their material value. In addition to wild animals in a state of natural freedom, temporarily or permanently inhabiting the territory of the Russian Federation, Russian legislation protects animals kept in captivity or in semi-free conditions, establishes rules for the maintenance of biological, including zoological, collections.
In recent years, both here and abroad, questions have been raised about the need for legal regulation of the status of domestic and farm animals. In the Republic of Bashkortostan, the law on domestic animals has already been adopted (1997) and contains a number of very interesting and humane norms. In Germany, acts have been adopted on the free grazing of not only livestock, but also poultry, which means, to some extent, their return to natural living conditions and the departure from the concept of keeping farm animals in stalls and cages without movement, feeding them only processed human food.
Such a variety of legal statuses, in general, predetermines the range of subjects for the protection and use of wildlife objects. Everyone can be attributed to them, that is, any person. Certainly, special rights and duties are assigned, for example, to hunters, professional fishermen, people engaged in amateur or sport fishing, containing zoological collections, working in zoos, circuses, etc. Moreover, any zoo visitor is also a user of the animal world , like every city dweller who met a squirrel on a walk in the park. Not without reason, in the preamble of the Federal Law "On the Animal World", the satisfaction of the spiritual needs of people is placed before obtaining material benefits from the use of animals.

2. Legal protection of wildlife
The legal protection of wildlife is an integral part of environmental law and legislation, a section of the Special Part of the course of environmental law. It is a complex set of legislative and other normative-legal acts regulating the issues of protection and use of the animal world. The basis of this section of environmental legislation is formed by general provisions, established by the Federal Law "On Environmental Protection" dated January 10, 2002, special instructions are contained in the Federal Laws "On the Animal World" dated April 24, 1995, "On Specially Protected Natural Territories" dated 14 March 1995, “On the Continental Shelf of the Russian Federation” dated November 30, 1995, etc. Provisions significant for the protection of wildlife are included in the Land, Water and Forest Codes.
Violations of this legislation provide for administrative, civil and criminal liability. Like environmental legislation in general, this section has not yet been properly codified, which reduces the effectiveness of its implementation.
The second block of legislation consists of decrees of the President of the Russian Federation regulating the protection of the resources of the continental shelf and the exclusive economic zone of the Russian Federation and other relations arising in connection with the use of wildlife. But the main thing is the decrees of the Government concerning the protection and regulation of various types of use of the animal world, for example, “On amateur and sport hunting in the Russian Federation” dated July 26, 1993, “On the establishment of the protection of rare and endangered species of animals ( Red Book) "dated February 19, 1996, Requirements for preventing the death of objects of the animal world during the implementation of production processes, as well as during the operation of transport highways, pipelines, communication lines and power transmission lines of August 13, 1996, etc. .
The third block is formed by departmental regulations of environmental protection authorities, fish protection, hunting supervision, veterinary service, etc. They are adopted by orders of the heads of the relevant departments or decisions of collegiums and are diverse in form: standard rules, rates, procedures, methodical instructions, etc.
The federal law "On the Fauna" and the regulatory legal acts specifying it regulate the goals, sequence, procedure for establishing a system of prohibitions and restrictions on the use of wildlife objects; a system of requirements for economic activity (at all its stages - from the placement and design to the operation of production and other facilities) and sanctions guaranteeing them (suspension of work, termination of financing, etc.); regimes of specially protected natural areas; permitting procedure for acclimatization and hybridization of new objects of the animal world for the Russian Federation, as well as keeping and breeding animals in semi-free conditions and artificially created habitat; requirements for the handling of agrochemicals and other means in agriculture and forestry, as well as a system for preventing diseases and death of wildlife in violation of quarantine, veterinary and other rules for combating infectious diseases; conducting scientific research; movement of wildlife objects across the border of the Russian Federation and other issues.
Finally, the volume of legal acts adopted in the subjects of the Federation by legislative bodies, governors and other authorized bodies is significant. They reflect the specifics of the regions, define in detail the tasks, conditions of use, fees for the use of wildlife, and other issues. Since 1982, 33 Red Books of the subjects of the Russian Federation have been published, and this work continues in 20 subjects. Some (specific) questions about the timing of hunting, places of fishing, etc. are determined by decisions of local governments.
Organizational and managerial measures for the protection of wildlife are:
- maintaining state records of objects of the animal world and their use, the state cadastre containing information on geographical distribution animals, their numbers, indicators of the habitat and impacts on it, as well as information on the economic use of wildlife objects and their habitat;
- creation and implementation of state monitoring of wildlife objects, i.e. a system of regular observations of the distribution, abundance, physical condition of wildlife objects, structure, quality and area of ​​​​their habitat;
- creation of specially authorized state bodies (or their subdivisions) for the protection and regulation of the use of wildlife objects and their habitat;
- coordination of the activities of international and national bodies and organizations, internal organizational activities of various branches of government at different levels in planning and implementing measures aimed at preserving the animal world, their habitat, etc.

3. Ownership of wildlife and the right to use wildlife

The right of ownership of the wildlife is determined by the Federal Law "On the Wildlife" of April 24, 1995, art. 4 of which unambiguously refers the wildlife within the territory of the Russian Federation to state property (federal or subjects of the Federation).
The fact is that the animal world is the property of the peoples of the Russian Federation, an integral element of the natural environment of the biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, protected in every possible way and rationally used to meet the spiritual and material needs of citizens of the Russian Federation.
The legal status of objects of the animal world, which are in state ownership, is determined by several characteristics: they must be wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and exclusive economic zone of the Russian Federation.
Objects of the animal world removed from the habitat in accordance with the established procedure may be in private, municipal and other forms of ownership. Relations on the possession, use and disposal of such animals are regulated by both special environmental and civil legislation.
Since the possession, use and disposal of wildlife is a joint responsibility of the Federation and its subjects, the definition of a range (list) of wildlife objects, the ownership of which is federal, and its implementation are within the competence of the Russian Federation, which is very important.
The objects of federal property are:
- rare and endangered species of animals, as well as those listed in the Red Book of the Russian Federation;
- living in specially protected territories of federal significance;
- inhabiting the territorial sea, the continental shelf and the exclusive economic zone of the Russian Federation;
- subject to international treaties of the Russian Federation;
- classified as specially protected species, valuable in economic terms;
- naturally migrating through the territory of two or more constituent entities of the Russian Federation.
At the same time, the Government of the Russian Federation has the right, in agreement with the subjects of the Federation, to attribute other, in addition to those listed, objects of the animal world to federal property, i.e. the list is open.
The right of ownership on behalf of the Russian Federation and its subjects is exercised by state authorities within the framework of their competence.
Users of objects of the animal world are obliged to keep records of the objects they use, the volumes of their withdrawal and annually submit these and other data to the authorized bodies. State registration, cadastre and monitoring of wildlife objects are carried out according to the rules uniform for the Russian Federation using unified forms of information storage.
Article 58 of the Federal Law "On the Animal World" provides for the invalidity of transactions made in relation to the animal world, and Art. 7.11 of the Code of Administrative Offenses of the Russian Federation - administrative liability for the use of wildlife objects without a permit (license), if such a permit (such a license) is mandatory, or in violation of the conditions stipulated in it; unauthorized assignment of the right to use objects of the animal world, with the exception of aquatic biological (living) resources of internal sea waters, the territorial sea, the continental shelf and the exclusive economic zone of the Russian Federation, i.e. for encroachments that directly or covertly violate the right of the state property. In addition, Art. 7.2 establishes responsibility for the destruction or damage of signs established by users of the animal world or specially authorized bodies for the protection, control and regulation of the use of objects of the animal world and their habitat, buildings and other structures belonging to these users and bodies . This misconduct also refers to the number of administrative offenses in the field of property protection. Finally, Art. 8.20 contains a special composition of illegal transfer, i.e. loading, unloading or transshipment on the continental shelf and (or) in the exclusive economic zone of the Russian Federation, extracted without the permission of living resources, if such permission is required.
Environmental legislation regulates the right to use the wildlife based on the right of state ownership to it and establishes general and priority rights. At the same time, the presence of a priority right to use wildlife does not change its status as state (federal or subjects of the Federation) property.
They have priority right, according to Ch. VI Federal Law "On the Fauna", indigenous peoples and ethnic communities whose original culture and way of life include traditional methods of protection and use of wildlife objects, citizens belonging to these population groups and their associations. This right is limited on a territorial basis - the territory of traditional settlement and economic activity, and not only on a subjective basis. The Federal Law “On the Territories of Traditional Use of Natural Resources by the Indigenous Peoples of the North, Siberia and the Far East” dated May 7, 2001 stipulates the conditions for the use of natural resources, including objects of the animal world, and establishes restrictions for various categories of citizens. So, in hours 2-3 of Art. 13 of this Law states that persons who do not belong to small peoples, but permanently reside in the territories of traditional nature use, use natural resources for personal needs, if this does not violate the legal regime of the territories of traditional nature use.
It has also been established that the use of natural resources located in such territories by citizens and legal entities for the implementation entrepreneurial activity allowed if the specified activity does not violate the legal regime of natural resources.
The content of the priority right is: the provision of a priority choice of fishing grounds; benefits in relation to the timing and areas of obtaining objects of the animal world, the sex and age composition and the number of extracted objects and products of vital activity of animals; granting the exclusive right to obtain certain objects and products of vital activity of animals
The assignment of the priority right to citizens and legal entities that do not belong to the categories that have this right by law or on the basis of a special permit is prohibited. In a number of constituent entities of the Russian Federation, laws on hunting (and fishing) have been adopted, detailing these provisions, for example, in the Kamchatka region.
The general types of use of wildlife are hunting, fishing, including the extraction of aquatic invertebrates and marine mammals, the extraction of objects of the animal world that are not related to hunting and fishing objects, the use of beneficial properties of animal life and their extraction, obtaining waste products, as well as the study, research following and other use of animals without withdrawal from the environment.
The use of wildlife is carried out on the basis of a long-term license issued to citizens by state authorities authorized to exercise the right of ownership on behalf of the Russian Federation and its subjects, or nominal one-time licenses.
The right to use the wildlife is terminated in whole or in part: in cases of refusal; expiration of the term of use; violation of the law or conditions of the license; if there is a need to withdraw objects of the animal world from use for the purpose of their protection; use of the territory, water area for state needs, excluding the use of wildlife; liquidation of an enterprise, institution, organization - a user of wildlife. Termination decision this right may be challenged in court in the prescribed manner.
Users of the wildlife are obliged: to carry out only the types of use indicated in the license; observe the established norms, terms, rules of use; apply when using the animal world methods that do not violate the integrity of natural communities; prevent the destruction or deterioration of the habitat of objects of the animal world; ensure the protection and reproduction of wildlife, including rare and endangered, etc.
Unauthorized assignment of the right to use objects of the animal world, as well as unauthorized use of objects of the animal world, the use of which requires a permit, are prohibited. Socially dangerous violations of the right to use the wildlife, in particular during illegal hunting or illegal extraction of aquatic animals, may result in the application of criminal liability measures under Art. 256, 258 of the Criminal Code of the Russian Federation. Users of the animal world (legal entities and citizens) compensate for the damage caused to the objects of the animal world and their habitat, voluntarily or by decision of a court or arbitration court. Damage is recovered if users have not taken real and necessary measures to prevent or reduce it in the territories or waters assigned to them.
The general principles of the right to use the wildlife are regulated by the Federal Law "On the Wildlife" (Chapters V, VI and other norms), and are specified by numerous by-laws. The most detailed Russian legislation regulates such types of use of wildlife as hunting and fishing. These are traditional activities that have been formed over many centuries, in which hundreds of thousands of people participate.

4. Legal liability for violation of the rules for the protection and use of wildlife
The components of such violations are numerous and varied and are formulated in the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, special environmental legislation, primarily in the federal laws “On the Fauna”, “On the Continental Shelf of the Russian Federation”.
To bring the perpetrators to legal liability, in addition to those indicated, one should refer to the norms of other legislative and by-laws, which, in fact, define the rules for the protection and use of wildlife.
The Criminal Code of the Russian Federation provides for criminal liability for illegal hunting (Article 258), if this act is committed: a) causing major damage; b) with the use of a mechanical vehicle or aircraft, explosives, gases or other methods of mass destruction of birds and animals; c) in relation to birds and animals, the hunting of which is completely prohibited; d) on the territory of a nature reserve, sanctuary or in a zone of ecological emergency.
In a similar way, but using other signs of the objective side, Art. 256 of the Criminal Code, which establishes liability for illegal harvesting of aquatic animals and plants, and Part 2 provides for liability for encroachments on a special object - seals, sea beavers and other marine mammals on the high seas or in restricted areas.
Article 257 of the Criminal Code “Violation of the rules for the protection of fish stocks” contains a number of offenses: the production of timber rafting, the construction of bridges, dams, the transportation of wood and other forest products from cutting areas, the implementation of explosive and other works, as well as the operation of water intake facilities and pumping mechanisms with violation of the rules for the protection of fish stocks, if these acts caused the mass death of fish or other aquatic animals, the destruction of a significant amount of food stocks, or other grave consequences. Severe sanctions are established for the destruction of critical habitats of organisms listed in the Red Book of the Russian Federation, which caused the death of populations of these organisms - restriction of freedom for up to three years or imprisonment for the same period (Article 259) and other articles of the Criminal Code of the Russian Federation also provide responsibility for violating the legislation on the protection and use of the animal world, either as part of the rules for protecting the environment, or by pointing out the consequences of criminal acts. For example, in Art. 246, 247, 250 mass death animals, in Art. 248 and 249 - the spread of the epizootic. Article 245 criminalizes cruelty to animals.
The Code of Administrative Offenses of the Russian Federation regulates administrative liability for violations of the legislation on the protection and use of wildlife in Art. 7.11 "Use of objects of the animal world without permission (license)", as well as "for offenses in relation to the living resources of the continental shelf (part 2 of article 8.17, article 8.20), in relation to animals in the course of agricultural activities (article 10.11 ), in case of violation of veterinary and other rules (Art. 10.6 “Violation of animal quarantine rules or other veterinary and sanitary rules”, Art. -sanitary rules for the transportation or slaughter of animals, rules for processing, storing or selling livestock products”). In Art. 8.33 provides for liability for violation of the rules of the habitat and migration routes of animals, art. 8.34 - for non-compliance with the established procedure for the creation, use or transportation of biological collections, art. 8.36 - for violation of the rules of relocation, acclimatization or hybridization of objects of the animal world, art. 8.37 - for violation of the rules for using them, art. 8.38 - for non-compliance with the rules for the protection of fish stocks, art. 8.35 - for the destruction of rare and endangered animals, art. 8.29 - for the destruction of animal habitats.
Unfortunately, very important norms were eliminated from the text of the Code of Administrative Offenses of the Russian Federation in the course of its revision and adoption - on cruelty to animals, on violation of the rules for keeping animals, which have long been known to domestic legislation, as well as a number of new articles - on the content fighting dogs, on the importation and keeping of exotic, i.e., not characteristic of the ecosystems of Russia, animals without proper permission (license) or in violation of the terms of the license received. This creates a significant gap in the legislation on administrative offenses in this area, leaves unpunished numerous perpetrators of both illegal acts and dangerous from the point of view of the spread of exotic diseases, violations of public order, smuggling rare species animals, etc.
An analysis of the norms of criminal, administrative and environmental legislation shows that the violation in question is a guilty, unlawful act (action or inaction) that encroaches on the animal world (or its individual objects), the procedure for using it and contrary to the provisions of the relevant legislative acts. rules.
The objective side is actions or inactions consisting in violation of established rules, and the presence of a causal relationship between the act and the consequences that have occurred (for material compositions) or the threat of such consequences (for compositions of putting in danger).
Determining the consequences, the amount of damage caused is a rather complicated task and is carried out taking into account the actual circumstances at the rates for calculating the amount of damages caused by illegal extraction or destruction of objects of the animal and plant world.
Thus, by the Decree of the Government of the Russian Federation of May 25, 1994, as amended on September 26, 2000, two types of taxes were introduced to calculate the amount of the penalty for damage caused by citizens, legal entities and stateless persons by destruction, illegal fishing or extraction of aquatic biological resources :
a) in inland fishery reservoirs, inland sea ​​waters, territorial sea, on the continental shelf, in the exclusive economic zone of the Russian Federation to the outer borders of the economic and fishing zones of foreign states;
b) in relation to animals listed in the Red Book of the Russian Federation living in the same water areas. The resolution clearly defines all the signs, i.e. the subjects from which the damage can be recovered, the objects of illegal actions, the types of acts and the place of their commission.

Conclusion

The legal protection of wildlife is one of the most developed areas of environmental protection, which is a set of measures to preserve the population and species composition and maintain the number of wild animals at an optimal level for their existence, as well as to preserve their habitat.
The objects of protection are: the animal world as a whole, hunting animals, rare and endangered species of animals listed in the Red Book and classified as specially protected species that are economically valuable.
Legal measures for the protection of wildlife include the development, adoption and application of legislative acts regulating the protection and use of wildlife; setting limits on the use of wildlife, creating a legal framework for the protection of certain categories of animals, establishing measures of legal responsibility for violation of legislation on the protection of wildlife, and many other measures.
Legal liability for violation of the rules for the protection and use of wildlife objects is formulated in the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, and special environmental legislation. Violations of this legislation provide for administrative, civil and criminal liability.

List of sources used

1. Legislation and official documents

1. Code of the Russian Federation on Administrative Offenses (CAO RF) dated December 30, 2001 No. 195-FZ (as amended and supplemented)
// Consultant Plus.
2. Criminal Code of the Russian Federation. Federal Law No. 63-FZ of June 13, 1996 (with subsequent amendments and additions)
// Consultant Plus.
3. Federal Law "On Environmental Protection" dated January 10, 2002
4. Federal Law "On the Animal World" of April 24, 1995
5. Federal Law "On the territories of traditional nature management of the small peoples of the North, Siberia and the Far East" dated May 7, 2001

2. General and special literature

6. Poor O. P., Rubina E. A. The animal world of Russia. Legal regulation of its use and protection / Ed. N. G. Rybalsky. M., 2007.
7. Gizzatulin R. Kh. Legal protection of wildlife by the legislation of the subject of the Russian Federation. Ufa, 2005.
8. Dubovik O. L. Ecological crimes. Comments on Chapter 26 of the Criminal Code of the Russian Federation. M., 2008.
9. Commentary to the Code of Administrative Offenses of the Russian Federation / Under general edition E. N. Sidorenko. Moscow: Prospekt, 2005;
10. Shesteryuk A. S. Ecological law. Questions of theory and methodology of analysis. SPb., 2004.

The main requirements that must be observed when planning and implementing measures that may affect the habitat of animals and the state of the animal world are fixed in Art. 8 of the Law. These requirements include: the need to preserve the species diversity of animals in a state of natural freedom; protection of the Habitat, breeding conditions and migration routes of animals; preservation of the integrity of natural animal communities; scientifically based rational use and reproduction of the animal world; regulation of the number of animals in order to protect public health and prevent damage to the national economy. The regulation of the number of individual species of animals must be carried out in humane ways, excluding harm to other species of animals and ensuring the safety of the Animal Habitat.

Measures for the protection of wildlife. The requirement to protect the Habitat, breeding conditions and migration routes is specified in relation to economic activity, namely: when locating, designing, building settlements, enterprises, structures and other facilities, improving existing ones and introducing new ones. technological processes introduction into economic circulation of virgin lands, wetlands, coastal and shrublands, land reclamation, forest use, geological exploration, mining, determining grazing and driving farm animals, developing tourist routes and the organization of places of mass recreation for the population, as well as the placement, design and construction of railways, highways, pipelines and other transport routes, power transmission and communication lines, canals, dams and other hydraulic structures, measures must be taken to meet this requirement.

Enterprises and citizens are obliged to take measures to prevent the death of animals during agricultural, logging and other work, as well as during the operation of vehicles. Without the implementation of such measures, it is prohibited to burn dry vegetation, store materials, raw materials and production waste.

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

Of great importance is the protection of rare and endangered species of animals. Such animals are listed in the Red Book. Actions that could lead to the death of these animals, a reduction in their numbers or a violation of their habitat are not allowed. In the case when the reproduction of rare and endangered species of animals is impossible in natural conditions, the specially authorized state bodies for the protection and regulation of the use of wildlife must take measures to create the necessary conditions for breeding these species of animals. Their acquisition and removal for breeding in specially created conditions and subsequent release to freedom for research purposes, for the creation and replenishment of zoological collections is allowed with a special permit issued by specially authorized state bodies for the protection and regulation of the use of wildlife.

The most prominent Russian scientist, academician V.I. Vernadsky noted more than half a century ago that the power human activity can be compared with the geological force of the Earth, lifting mountain ranges, lowering continents, moving continents, etc. Since that time, humanity has gone far ahead, and therefore the power of man has increased a thousand times. Now one enterprise - the Chernobyl nuclear power plant has caused irreparable harm to a vast region, which is connected by inextricable eco-ties not only with a separate continent, but also has great importance for life on Earth, changes in planetary processes.

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

The growing threat of an ecological catastrophe on a global scale causes an awareness of the urgent need to rationalize environmental management and coordinate efforts in environmental protection within the entire international community.