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Animal world rational use protection. Protection and rational use of the animal world. Direct and indirect human impact on animals

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. At the same time, the animal world is of great economic importance: as a source of food, industrial, technical, medicinal raw materials and other material values, and therefore acts as a natural resource for hunting, whaling, fishing and other types of trade. Certain types of animals are of great cultural, scientific, aesthetic, educational, and medicinal value.

Each animal species is an indispensable carrier of the genetic fund.

Every year the use of the animal world for recreational purposes is increasing. Previously, sport hunting and fishing served as the main direction of such use. Nowadays, the importance of animals as objects of photo hunting, sightseeing observations is increasing. Millions of people from all over the world visit national parks to admire animals and birds in their natural setting.

The value of animals in nature and human economic activity.

By participating in the circulation of substances in the biosphere, animals play an important role in dynamic equilibrium.

Also for humans, animals serve as a source of food and raw materials: a supplier of leather (snakes, crocodiles, pigs) and furry (white-backed albatross, koala) industries.

Animals also have a negative meaning for humans. Among them there are pathogens (pathogen) and carriers of diseases (rats), a pest of agricultural (bugs) and forest plants (silkworms, moths, caterpillars).

But the division of animals into "useful" and "harmful" is conditional and depends on the number, place, time, and economic activity of people. For example, starlings are useful in spring: they destroy a large number of pests, and, eating grapes in autumn, they cause significant damage to vineyards. Blackbird and field lark are useful in Europe, but in New Zealand, where they were brought, they are agricultural pests. Therefore, when assessing the benefits and harms, it is necessary to take into account the characteristics of nutrition, behavior, numbers, and the role in the spread of natural focal diseases in specific conditions of place and time.

Direct and indirect human impact on animals.

The animal world of our planet has about 2 million species of animals. As a result of human impact, the number of many species has been significantly reduced, and some of them have completely disappeared.

Modern man has existed on Earth for about 40 thousand years. He began to engage in cattle breeding and agriculture only 10 thousand years ago. Therefore, for 30,000 years, hunting was an almost exclusive source of food and clothing. The improvement of tools and methods of hunting was accompanied by the death of a number of animal species.

The development of weapons and vehicles allowed man to penetrate into the most remote corners of the globe. And everywhere the development of new lands was accompanied by the merciless extermination of animals, the death of a number of species. The tarpan, a European steppe horse, was completely destroyed by hunting. Tours, spectacled cormorant, Labrador eider, Bengal hoopoe and many other animals became victims of hunting. As a result of unregulated hunting, dozens of species of animals and birds are on the verge of extinction.

The number of animals is decreasing not only as a result of direct extermination, but also due to the deterioration of environmental conditions in the territories and areas. Anthropogenic changes in landscapes adversely affect the conditions of existence of most animal species. Deforestation, plowing steppes and prairies, draining swamps, regulating runoff, polluting the waters of rivers, lakes and seas - all this, taken together, interferes with the normal life of wild animals, leads to a decrease in their numbers even when hunting is prohibited.

Intensive timber harvesting in many countries has led to changes in forests. Coniferous forests are increasingly replaced by small-leaved ones. At the same time, the composition of their fauna also changes. Not all animals and birds living in coniferous forests can find enough food and places for shelters in secondary birch and aspen forests. For example, squirrels and martens, many species of birds cannot live in them.

The transformation and change in the nature of many rivers and lakes radically changes the conditions for the existence of most river and lake fish, leading to a decrease in their numbers. Huge damage to fish stocks is caused by pollution of water bodies. At the same time, the oxygen content in the water decreases sharply, which leads to massive fish kills.

Dams on rivers have a huge impact on the ecological state of water bodies. They block the spawning path for migratory fish, worsen the condition of spawning grounds, and sharply reduce the flow of nutrients into river deltas and coastal parts of seas and lakes. To prevent the negative impact of dams on the ecosystems of aquatic complexes, a number of engineering and biotechnical measures are being taken (fish passes and fish elevators are being built to ensure the movement of fish for spawning). The most effective way to reproduce the fish stock is to build fish hatcheries and hatcheries.

Man, by his activity, strongly influences the animal world, causing an increase in the number of some species, a decrease in others and the death of others. This impact can be direct or indirect.

Game animals that are hunted for fur (muskrat, chinchilla, foxes, mink), meat (African donkey), fat (whales, pigs), etc. are directly affected. As a result, their numbers are declining, some species are disappearing.

To combat agricultural pests, a number of species migrate from one area to another. At the same time, it is not uncommon for settlers to become pests themselves. For example, the mongoose, brought to the Antilles to control rodents, began to harm ground-nesting birds and spread rabies among animals.

Also, the direct effects of humans on animals include their death from pesticides, and poisoning with emissions from industrial enterprises.| The most striking example of this impact on animals is whaling (the creation of a harpoon gun and floating bases for processing whales) at the beginning of the century, which led to the disappearance of individual populations of whales, a sharp drop in their total number.

The indirect influence of humans on animals is manifested due to changes in the habitat during deforestation (black stork), plowing of steppes (steppe eagle, bustard and little bustard), drainage of swamps (Far Eastern stork), construction of dams (fish), construction of cities, use of pesticides ( red-legged stork), etc.

Under the influence of economic activity, anthropogenic landscapes with their characteristic fauna arose. Only in settlements in the subarctic and the temperate zone of the northern hemisphere are the house sparrow, city swallow, jackdaw, and house mouse found.

The plowing of steppes and prairies, the reduction of insular forests in the forest-steppe are accompanied by the almost complete disappearance of many steppe animals and birds. In the steppe agrocenoses, saigas, bustards, little bustards, gray partridges, quails, etc. have almost completely disappeared.

The negative impact of humans on animals is increasing, and for many species it is becoming threatening. One species (or subspecies) of vertebrates perishes annually; more than 600 species of birds (bustard, mountain goose, mandarin duck), 120 species of mammals (Amur tiger) are threatened with extinction. For such animals, special measures are required for their conservation.

Protection of rare and endangered animal species.

Animal protection organization.

The organization of fauna protection is built in two main directions - conservation and conservation in the process of use. Both directions are necessary and complement each other.

All conservation measures for the protection of animals are of an exceptional, emergency nature. Most often, the use and protection of fauna, measures for its reproduction have to be combined with the interests of other branches of nature management. The experience of many countries proves that this is quite possible. Thus, with the right organization of land use, agricultural production can be combined with the conservation of many wild animals.

Intensive forestry, timber harvesting, if properly organized, ensures the preservation of habitat conditions in exploited forests for many species of animals and birds. Thus, gradual and selective logging allows not only to restore forests, but also to preserve shelters, nesting and forage grounds for many species of animals.

In recent years, wild animals have become an important part of the "tourism industry". In many countries, the protection and use of wild fauna for recreational purposes in national parks is successfully carried out. Among the national parks with the richest and most well-protected fauna and at the same time with a high level of mass tourism organization are Yellowstone and Yosemite parks in the USA, Kruger and Serengeti in Africa, Camargue in France, Belovezhsky in Poland and many others.

To enrich the fauna in many countries, acclimatization and re-acclimatization of wild animals are carried out on a large scale. Acclimatization is understood as work on the resettlement of animals in new biogeocenoses and their adaptation to new living conditions. Reacclimatization is a system of measures for the restoration of animals destroyed in a particular region. Thanks to acclimatization, it is possible to make wider and more complete use of the bioresources of many natural complexes.

All measures for the protection of animals are quite effective if they are based on careful consideration of landscape and ecological conditions. In any kind of work on the organization of the multiplication and exploitation of wild fauna, one should proceed from the fact that certain species and populations of animals are confined within their boundaries to specific natural territorial and aquatic complexes or their anthropogenic modifications. Many animals move through the seasons over considerable distances, but their migrations are always confined to strictly defined types of landscapes. Therefore, the protection of animals requires solving the problems of protecting natural territorial and aquatic complexes as a whole. The protection of animals is, first of all, the protection of their habitats.

The main task of protecting rare and endangered species is to achieve an increase in their numbers by creating favorable living conditions, which would eliminate the danger of their extinction. This can include the creation of nature reserves, wildlife sanctuaries, national parks, which create favorable conditions for them.

Reserve - a piece of land or water space, within which the entire natural complex is completely withdrawn from economic use and is under state protection (Great Limpopo - South Africa; Aberdersky - Kenya; Belovezhsky - Poland).

The reserve is a territory where certain species of animals and plants are temporarily protected while limiting the use of natural resources (Pripyat - Belarus).

A national park is a territory where landscapes and unique objects of nature are protected. It differs from reserves in the admission of visitors for recreation (Yellowstone - USA; Losiny Ostrov - Russia).

Rare and endangered species of animals (as well as plants) are listed in the Red Books. The inclusion of a species in the Red Book is a signal of the danger that threatens it, of the need to take measures to save it.

Of particular importance is the conservation and restoration of the number of game animals. As you know, the value of game animals lies in the fact that they live off natural food that is inaccessible or unsuitable for domestic animals; they do not need to be specially taken care of. The system of protection of wild animals is formed, on the one hand, from measures to protect the animals themselves from extermination, death from natural disasters, on the other hand, from measures to preserve their habitat. The protection of the animals themselves is carried out by laws on hunting, which provide for a complete ban on hunting for rare species, limiting the timing, norms, places and methods of hunting for commercial species.

The rational use of stocks of game animals does not contradict their protection if it is based on knowledge of their biology. It is possible to achieve a prosperous population of game animals by maintaining a certain ratio of sexes and age groups, by regulating the number of predators. This is the idea of rational use.

Many animals are listed as rescued.

The eucalyptus forests of Queensland, Victoria and New South Wales were once teeming with koalas. But at the end of the last and the beginning of our century, a terrible epidemic exterminated millions of these harmless creatures. Then the fur hunters got down to business: every year Australia exported about 500 thousand koala skins. And in 1924, this profitable trade took on such a scale that already 2 million skins were exported by the eastern states of the continent. But, fortunately, zoologists were able to convince the government in time to take strict measures to protect the koala. Now the koala lives only in a narrow strip along the east coast of Australia.

The other surviving animal is the muskrat. As you know, a valuable fur-bearing animal. A hundred, one hundred and fifty years ago, it was not hunted. The muskrat was not fashionable. At the beginning of the 20th century, unfortunately for herself, she became fashionable, and this almost killed her.

Hunt Galapagos tortoises in the 17th century. Pirates, before others, appreciated their tender meat, stuffing the holds of ships with animals. There was no need to worry about the safety of these stocks. The fact is that turtles without water and food can live for more than a year and a half. Since then, hundreds of thousands of Galapagos giant tortoises have been exterminated, and some of their species have disappeared completely.

At the end of the last century, a monstrous extermination of bison was carried out. Often only because the bison has excellent skins or to cut a small piece of meat from the carcass of a bull for roast or tongue.

When a transcontinental train passed a grazing herd of bison, all the passengers rushed to the windows, climbed out onto the roofs of the cars. All sorts of weapons began firing at the unfortunate animals, which crowded so closely that they could not quickly scatter. The driver deliberately slowed down, and when the train started moving, hundreds of thousands of bull carcasses, left to be eaten by jackals, lay on both sides of the track. Some "amateur-athletes" specifically traveled across the plains to shoot buffalo from the train.

The polar bear also disappears. The main reason for their death is the unprecedented arrival of people to the Arctic. It is believed that approximately five to eight thousand polar bears survived in the vast expanses of our Arctic. About 600 polar bears died annually on the Arctic islands north of America ten years ago, and another 150-300 polar bears died in the space between Greenland and Svalbard. In 1965, the first international conference was held in Alaska, as a result of which a decision was made to ban the hunting of bears with cubs, and the polar bear was declared an "animal of international importance." And a year later, when the first volume of the Red Book was published, the polar bear was included in it as an animal that is in danger of complete destruction. And since 1972, the polar bear has been taken under the protection of the USSR, USA, Canada, Denmark and Norway.

environmental organizations.

WWF - Founded in 1961. - an international public organization that subsidizes the protection and study of endangered and rare species of animals, plants and their habitats.

Conservation groups are at the forefront of the ecotourism movement. The World Wildlife Fund (WWF) is doing important research, including helping to identify ecotourism opportunities in developing countries. In addition, WWF finances many projects related to ecotourism.

Greenpeace - founded in 1971. - an independent international public organization that aims to preserve the environment. Greenpeace opposes nuclear testing and radiation threats, pollution of the environment by industrial waste, protection of the animal world, etc.

In addition, the International Red Book has become widely known.

Red Book of the International Union for Conservation of Nature

Already in 1949, the IUCN began to collect information on rare animals and plants. It took 14 years for the first IUCN Red Data Book (RedData Book) to appear in 1963. Two volumes were a summary of 211 mammals and 312 birds.

In 1966-71. the second edition was published, which was already much more voluminous, and included information not only about mammals and birds, but also amphibians and reptiles. Like the first, this edition was not intended for wide circulation. Volumes of the 3rd edition of the IUCN Red Book began to appear in 1972, and have already begun to go on sale, its circulation has been significantly increased.

The latest edition, published in 1978-80, includes 226 species and 70 subspecies of mammals, 181 species and 77 subspecies of birds, 77 species and 21 subspecies of reptiles, 35 species and 5 subspecies of amphibians, 168 species and 25 subspecies of fish. Among them, 7 restored species and subspecies of mammals, 4 - birds, 2 species of reptiles.

Since 1981, with the participation of the World Environmental Monitoring Center (WCMC) in Cambridge (Great Britain), publications began to appear, in the title of which the IUCN Red Book was indicated.

Red Book of the USSR

The first list of birds and mammals for the IUCN Red Book prepared by G.P. Dementiev, V.G. Geptner, A.A. Nasimovich, A.G. Bannikov and other zoologists in 1961-64. The first Red Book of the USSR appeared in 1978.

The significance of the Red Book of the USSR in the protection of rare species was primarily in the fact that it became the basis for legislative acts aimed at protecting the animal and plant world. In addition, it is essentially a science-based program of practical measures to save rare species. And, finally, the role of the Red Book is invaluable as a means of educating and promoting a reasonable and careful attitude towards animals and plants in general and rare ones in particular.

The second edition of the Red Book of the USSR was carried out in 1984. It was much more voluminous, the first volume "Animals" included new large sections: a class of fish was added from vertebrates, invertebrates were included for the first time. The Red Book of Plants was the second volume.

The Red Book of Russia

Work continues on the Red Data Book of Russia. The official basis for its creation is now the Law "On the Fauna" (1995) and the Government Decree of 1996. In particular, it declares that the Red Book of the Russian Federation is an official document containing a set of information about rare and endangered species of animals and plants, as well as the necessary measures for their protection and restoration.

Legal protection of animals

The legal basis for the environmental protection activities of the state in this area are the Law of the RSFSR "On the Protection and Use of Wildlife", as well as hunting and fishing legislation.

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 substantiated 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 last requirement is provided for by Art. 18 of the law, which states that measures to regulate the number of certain 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 are recorded in Art. 21 laws. Some requirements are specified in other articles of the Law. Thus, the requirement to protect the habitat, breeding conditions and migration routes is specified in relation to economic activity, namely: when placing, designing, building settlements, enterprises, structures and other objects, improving existing and introducing new technological processes, introducing into economic circulation virgin lands, wetlands, coastal and shrublands, land reclamation, forest use, geological exploration, mining, determining grazing and driving farm animals, developing tourist routes and organizing places for mass recreation of the population, as well as when placing, the 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.

In accordance with Art. 24 of the law, 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.

Fauna as an object of the ecological and legal regime.

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

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

Conclusion

The largest Russian scientist, academician V.I. Vernadsky more than half a century ago noted that the power of human activity can be compared with the geological force of the Earth, which raises mountain ranges, lowers continents, moves 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 huge region, which is connected by inextricable eco-ties not only with a separate continent, but is also of 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 also determine the difference in environmental and legal regulation of 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.

Recently, irreversible changes have taken place in our country - the USSR collapsed, and allied structures disappeared. The formation of sovereign states with the heaviest ecological legacy should make us think about creating a single ecological space to overcome the ecological crisis. It is in unification that the path to solving all the environmental problems facing the republics is found.

Bibliography

1. I. Akimushkin "Animal World"; "Red Book of Animals"

2. N.N. Rodzevich, K.V. Pashkang "Protection and transformation of nature"

3. N.A.Gladkov, A.V.Mikheev, V.M.Galushkin "Nature Protection"

4. K.N. Blagosklonov "The Story of the Red Book"

5. Ya.S.Rusanov "Hunting and protection of fauna"

6. V.V. Dezhkin "Hunting and conservation"

7.N.P. Smirnov "On the continents and countries"

8. Law of the RSFSR "On the Protection and Use of Wildlife"

9. I. Akimushkin "Animal World"; "Red Book of Animals"

An integral element of the natural environment and an object of protection is the animal world - the totality of living organisms of all kinds of wild animals that permanently or temporarily inhabit the territory of Russia and are in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation.

The animal world is 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. The main regulation is carried out by the Federal Law "On the Animal World" of 1995.

The fauna within the territory of the Russian Federation is state property. The division of state ownership of wildlife into federal and subjects of the Federation is carried out in accordance with the procedure established by the Federal Law. Issues of ownership, use and disposal of wildlife are the joint responsibility of the Russian Federation and its constituent entities.

Relations on the possession, use and disposal of objects of the animal world are regulated by the Federal Law on the Animal World and civil legislation.

Objects of the animal world taken from the environment (agricultural and other domesticated animals; wild animals kept in captivity) may be in private, state, municipal and other forms of ownership (relationships for their possession, use and disposal, as well as property relations, governed by civil law and the Federal Law on Animals).

Wildlife users have the right to:

· to use, without permission, objects of the animal world acquired for resettlement in a fixed territory, if these objects of the animal world are kept in semi-free conditions;
Ownership of the extracted objects of the animal world and products obtained from them; the right to sell manufactured products and products;
· maintain a subsidiary farm, including the processing of products obtained in the process of carrying out permitted uses of wildlife, and produce products from wildlife objects;
· on the territories granted for use to receive land plots for production and other purposes; erect on them permanent or temporary buildings, structures and roads necessary for the implementation of economic activities related to the use of wildlife;
· have an impact on the habitat of the animal world, improving its condition (in agreement with the landowners, owners of the forest fund, specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitat);
· file claims for damage caused by unlawful actions that resulted in the death of objects of the animal world, deterioration of their habitat, unreasonable restriction of the right to use the animal world, ownership of the products received.

The legislation of the Russian Federation on the protection and use of wildlife regulates relations in the field of protection and use of wild animals living in a state of natural freedom on land, in water, atmosphere and soil, permanently or temporarily inhabiting the territory of the country or belonging to the natural resources of the continental shelf.

In contrast to this, relations in the field of the use and protection of agricultural and other domestic animals, as well as wild animals kept in captivity or semi-free conditions for economic, cultural, scientific, aesthetic and other purposes, are regulated by other legislation, which establishes the appropriate liability for violation rules for the protection, maintenance and use of these animals.

No matter how the issue of the possibility of finding wild animals, as well as water bodies, forest plots and some other elements of the environment, is owned by citizens and legal entities with possible restrictions and exemptions is decided in the future, the existence of the animal habitat itself in possession, use and disposal is not only the state, but also other subjects of property rights becomes a fact: land plots become the property of citizens and they carry out fishing, hunting and other types of use of wildlife. Therefore, the agenda raises the issue of ensuring such requirements that would prevent a negative impact on the state of the animal world: we mean the preservation of animal species diversity, breeding conditions and their migration routes, the preservation of the integrity of natural communities, the rational use of animals in order to obtain their metabolic products .

The problem is complicated by the fact that the Constitution of the Russian Federation does not mention the animal world. The jurisdiction of the Russian Federation includes civil legislation, the determination of the status and protection of the territorial sea, the exclusive economic zone and the continental shelf of the Russian Federation. The Russian Federation and its constituent entities are jointly in charge of nature management, environmental protection, land, water, forestry legislation, subsoil legislation, environmental protection, issues of ownership, use and disposal of land, subsoil, water and other natural resources, delimitation of state property .

Some constituent entities of the Russian Federation adopt laws and other regulatory legal acts on issues of ownership of natural resources, including wildlife, hunting, fishing, forestry, and water use. Questions of the disposal and use of the animal world and other natural resources representing significant material values are becoming more acute.

Attributing the animal world to the elements of the environment, nature management, and ecological safety allows the federal state to more comprehensively and comprehensively solve the problems of ownership, use and disposal of the animal world by adopting federal laws and laws adopted in accordance with them and other regulatory legal acts of the constituent entities of the Russian Federation.

A new situation is emerging in this area in connection with the adoption of the new Civil Code, which does not divide animals into wild or domestic and, therefore, owned exclusively by the state or citizens.

The equality of participants in civil circulation implies the equality of their rights and obligations in the implementation of the possession, use and disposal of both animals, and - if we keep the established terminology - and the animal world. Arbitrary interference by anyone in these private affairs should be stopped, and violated rights should be restored.

Perhaps, with the further development of civil legislation, which is within the jurisdiction of the Russian Federation, these issues may be more fully reflected, at least where they relate to environmental protection.

In any solution and direction of regulation of the protection and use of wildlife, animals must take into account:

· the right of ownership of citizens and legal entities to natural resources;
the need to ensure a single ecological space on the territory of the country and adjacent territories;
· the interests of the Federation and its subjects.

The Civil Code pays attention to the nature of the treatment of animals, the education of a humane attitude towards them, which can be considered as environmental education, as a contribution to environmental protection. Humane treatment of the animal world (not just animals!) is considered by the current faunistic legislation only as one of the goals, the implementation of which is intended to contribute to the legislation, and as one of the measures aimed at protecting the animal world. However, too general formulation of these questions has not yet ensured effective protection of specific animals (it was easier to talk about the protection of the animal world than to devote efforts to a specific individual).

The issue of acquiring and retaining the right of ownership of neglected animals is resolved in a peculiar way: in the event of the appearance of the former owner (six months after the application for the detention of animals and their transfer to the property of another person), the former owner has the right, in the presence of circumstances indicating the preservation of attachment to him by these animals or about cruel or other mistreatment of them by the new owner, to demand their return on the terms determined by agreement with the new owner, and if no agreement is reached.

Finally, proclaiming the inviolability of property and the need for the unimpeded exercise of civil rights, the Civil Code of the Russian Federation allows the redemption of pets in case of improper treatment of them in cases where the owner treats pets in clear contradiction with the rules established by law and the norms of humane treatment of animals accepted in society. .

Thus, society and legal practice will have to determine the provisions established by the Civil Code of the Russian Federation, aimed at ensuring not only rational, but also humane use of the animal world and its representatives, including them in the environment, delimiting ownership of them, balancing the requirements of civil circulation and morality. , public interests and private needs.

INTRODUCTION

The fauna of the Russian Federation is its national treasure, an integral element of the natural environment and biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, world-wide protected and rationally used to meet the spiritual and material needs of the peoples of Russia.

It should be borne in mind that the animal world cannot and should not be considered as a separate secondary element of the environment, since it is its important component, acts as its integral link in the chain of ecological systems. In addition, the animal world is of great economic importance as a source of food, industrial, technical, medicinal raw materials, and certain animal species are of great cultural, scientific, aesthetic and educational value. Indeed, the use of the animal world for recreational purposes is increasing every year. Previously, sport hunting and fishing served as the main direction of such use. Nowadays, the importance of animals as objects of photo hunting, sightseeing observations is increasing. Millions of people from all over the world visit national parks to admire animals and birds in their natural setting. A feature of the animal world is its renewability. However, in the event of extermination, violation of the conditions for their existence, the renewal of certain species of animals may become impossible, and these species may be irretrievably lost. Therefore, one of the important tasks of the state is to, by regulating social relations in the field of protection of representatives of the animal world, achieve such conditions for their existence in a state of natural freedom that would ensure the preservation of species diversity and the integrity of wildlife communities.

In solving this problem, the most important tool is criminal legislation, especially in the fight against such most dangerous encroachments on the environment as illegal harvesting of aquatic animals and plants, illegal hunting, violation of the rules for the protection of fish stocks and violation of the regime of specially protected natural areas and natural objects. However, the current situation in the field of wildlife protection indicates that the criminal law and other measures currently being taken for this (adoption of regulatory legal acts regulating these relations, reforming the structure of environmental authorities, developing targeted programs to prevent environmental offenses, etc.) ), unfortunately, do not give positive results.

The relevance of this topic lies in the fact that, according to a modern analysis of the environmental situation in Russia, there is a need to solve the problem of combating crimes in the field of ecology. And the most common among all types of environmental offenses is illegal encroachment on wildlife.

The purpose of my work is to reveal what the animal world is, how it is used and how effectively its protection is carried out.

CHAPTER 1. THE CONCEPT OF ANIMAL WORLD AND THE MAIN PRINCIPLES OF ITS PROTECTION AND USE

The legal concept of wildlife is defined in the Law on Wildlife. This is the totality of living organisms of all species of wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation. 1 Thus, in legal terms, animals are recognized as wild if they: a) are components of the environment; b) are in a state of natural freedom.

On the territory of Russia there are 320 species of mammals, 789 species of birds, 75 species of reptiles, about 30 species of amphibians, 343 species of fresh water fish, 9 species of cyclostomes and about 1500 species of marine fish. The regions of the Far East, the mountains of southern Siberia and the North Caucasus are distinguished by the highest level of fauna diversity.

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

Subjects of the right to use wildlife objects are legal entities, Russian and foreign citizens, stateless persons.

The objects of use and protection of the animal world are only mammals, birds, reptiles, amphibians, fish, mollusks, insects, etc., living in a state of natural freedom on land, in water, atmosphere, soil, permanently or temporarily inhabiting the territory of Russia or belonging to natural riches of the continental shelf and the economic zone of the Russian Federation. Thus, the object of use and protection of the animal world are wild animals or their populations (mammals, birds, reptiles, amphibians, fish, as well as mollusks, insects, etc.) living in a state of natural freedom on land, in water, atmosphere, soil permanently or temporarily inhabiting the territory of Russia or related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation. 2 One of the characteristic features of the animal world is the migration of its objects across the borders of the constituent entities of the Russian Federation and the state border.

Agricultural and other domesticated animals, as well as objects of the animal world kept in captivity (in zoos, aquariums, etc.) and semi-free conditions or an artificially created habitat for economic, cultural, educational, recreational, aesthetic, scientific and educational purposes, conservation of the resource and the genetic fund of objects of the animal world. Relations concerning such species of animals are regulated by agrarian, civil and other legislation.

The main principles for regulating the protection and use of wildlife are (Article 12 of the Law on Wildlife):

Ensuring the sustainable existence and sustainable use of wildlife;

Support for activities aimed at protecting the animal world and its habitat;

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

The inadmissibility of combining the activities of exercising state control over the use and protection of wildlife and its habitat with activities of using wildlife objects;

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

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

Payment for the use of wildlife;

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

CHAPTER 2. STATE MANAGEMENT IN THE FIELD OF PROTECTION AND USE OF WILDLIFE

State management in the field of protection and use of wildlife is carried out by the President, the Government of the Russian Federation, executive authorities of the constituent entities of the Federation and federal executive authorities for the protection, control and regulation of the use of wildlife objects and their habitats by enacting federal and territorial rules, limits and standards developed in accordance with the legislation in this area.

For the purpose of protection and sustainable use of objects of the animal world, as well as for the conservation of biological diversity, the Government of the Russian Federation has the right to declare certain objects of the animal world as objects of federal significance and establish a special regime for their use and protection in certain territories and for certain periods. Animals under the threat of extinction, as well as those listed in the Red Book of the Russian Federation, can be classified as objects of the animal world of federal significance; animals that inhabit the territorial sea, the continental shelf and the economic zone of Russia; live in the territories of state nature reserves, wildlife sanctuaries, national natural parks, natural monuments of federal significance; are classified as specially protected, economically valuable; naturally migrate across the territory of two or more subjects of the Russian Federation; are subject to international treaties of the Russian Federation. 3

The main functions of state administration in the field of the environmental and legal regime for the use and protection of wildlife include: state registration of animals and their use and maintenance of the state cadastre of wildlife; state monitoring of wildlife; planning activities in the field of protection and use of wildlife; control in the field of protection, reproduction and use of wildlife objects; resolution of disputes related to the use of the animal world, state ecological expertise, regulation in the field of use and protection of the animal world.

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

Preservation of the species diversity of the animal world;

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

Preservation of the integrity of natural animal communities;

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

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

Users of wildlife objects are also required to keep records of the objects and volumes they use and annually provide the data obtained to the federal executive authorities responsible for organizing and maintaining records of the relevant wildlife objects, in the manner prescribed by the rules for keeping records.

A separate document regulates the procedure for compliance with the requirements to prevent the death of wildlife in the implementation of production processes, as well as in the operation of transport highways, pipelines, communication lines and power transmission (see Decree of the Government of the Russian Federation of August 13, 1996 N 997).

In order to prevent the death of objects of the animal world, it is prohibited:

burning of vegetation, storage and use of pesticides, fertilizers, chemical reagents, fuels and lubricants and other materials, raw materials and production wastes hazardous to wildlife and their habitats without taking measures to guarantee the prevention of diseases and death of wildlife, deterioration of their environment a habitat;
the establishment of continuous barriers and structures that do not have special passages on the ways of mass migration of animals;
the device in the rivers or channels of a trough or the installation of fishing gear, the dimensions of which exceed two thirds of the width of the watercourse;
clearing clearings under communication and power lines along pipelines from undergrowth of trees and shrubs during the breeding season of animals.

It is prohibited to discharge any sewage and waste in places of spawning, wintering and mass accumulations of aquatic and semi-aquatic animals. Transformer substations on power lines, their nodes and operating mechanisms must be equipped with devices (fences, casings and others) that prevent animals from entering the territory of the substation and getting into these nodes and mechanisms.

CHAPTER 3. TYPES AND WAYS OF USE OF ANIMAL WORLD

Citizens, individual entrepreneurs and legal entities are legally defined users of the animal world, who are given the opportunity to use the animal world by laws and other regulatory legal acts of the Russian Federation and laws and other legal acts of the constituent entities of the Russian Federation. Types of use of wildlife can be as follows: hunting; fishing, including the capture of aquatic invertebrates and marine mammals; extraction of objects of the animal world, not classified as objects of hunting and fishing; use of wildlife for scientific, cultural, educational, educational, recreational, aesthetic and other purposes; extraction and use of the beneficial properties of the life of objects of the animal world - soil formers, natural environmental sanitation, pollinators of plants, biofiltrates and others. 4

The use of the animal world is carried out by removing objects of the animal world from their habitat or without it. The use of objects of the animal world, associated with their removal from the natural environment, is regulated in accordance with their status, abundance, economic, scientific and aesthetic value.

The most common uses of wildlife are hunting and fishing. Opportunities to prevent the depletion of wildlife are largely related to the regulation of the implementation of these activities.

Hunting includes commercial hunting of wild animals and birds, as well as amateur and sport hunting. Staying in hunting grounds with weapons, dogs, birds of prey, traps and other hunting tools or with obtained products is equated to hunting. 5

The right to hunt with hunting firearms, other permitted hunting tools, as well as with hunting dogs and birds of prey, is enjoyed by all citizens of the Russian Federation who have reached the age of 18, who are members of hunters' societies, who have passed tests according to the hunting minimum and paid the state fee in the prescribed amount, which is affixed appropriate marks in the membership hunting card, and who have received a permit for the right to use a hunting rifle, a permit for hunting in certain hunting grounds and a permit for shooting (catching) the specified type and number of animals and birds

In Russia, the fauna of vertebrates includes 1,513 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 1,500 species of marine fish are found in the seas of the Russian Federation. 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. The International Day for Biological Diversity has been celebrated on December 29 since 1994, and since 2001 it has been celebrated on May 22 annually.

The complex regulatory legal act regulating relations on the use and protection of wildlife objects is the Federal Law of April 24, 1995 No. 52-FZ “On the Wildlife”. The subject of regulation of legislation in the field of the use and protection of wildlife is only the totality of living organisms of all types 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 the exclusive economic zone of the Russian Federation (Art. 1 of the Federal Law "On the Animal World").

Thus, other animals (including domestic animals) that do not fall under the above definition are not included in the regulation of this branch of legislation.

Wildlife protection is an activity aimed at preserving biological diversity and ensuring the sustainable existence of the animal world, as well as creating conditions for the sustainable use and reproduction of wildlife objects.

The animal world within the Russian Federation is state property - this is established by the norm of the Federal Law "On the Animal World". The Constitution of the Russian Federation establishes that land and other natural resources may be in private, state, municipal and other forms of ownership (Article 9). “Comparison of the provisions of paragraph 2 of Art. 9 of the Constitution of the Russian Federation on the plurality of forms of ownership and the provisions of Art. 4 of the Federal Law “On the Wildlife”” raises the question: can the existence of a single form of ownership of the wildlife (state) be considered as a restriction of constitutional rights and freedoms or as a discrepancy between special federal legislation and constitutional norms? It seems that the answer should be negative. The Constitution only provided an opportunity to establish in the special (faunistic) legislation a different legal regime of ownership of natural resources, in particular, on objects of the animal world. Therefore, in this case, the establishment of a variety of forms of ownership of wildlife is the right, but not the obligation of the legislator. So, in modern Russian legislation, in relation to objects of the animal world, there are no other forms of ownership, except for the state.

The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation in relation to objects of the animal world in the manner determined by the Federal Law "On the Animal World", other federal laws and other regulatory legal acts of the Russian Federation, as well as the norms of the international rights.

The division of state ownership of wildlife into federal property and the property of the subjects of the Russian Federation shall be carried out in accordance with the procedure established by federal law.

Issues of ownership, use, disposal of wildlife on the territory of the Russian Federation are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

Civil law norms relating to property, including sale, pledge and other transactions, are applied to wildlife objects insofar as this is allowed by the Federal Law "On the Animal World" and other federal laws.

On behalf of the Russian Federation and the constituent entities of the Russian Federation, the rights of the owner are exercised by state authorities, within the framework of their competence, established by acts defining the status of these bodies.

The list of objects of the animal world classified as federal property is approved by the Government of the Russian Federation.

According to Art. 221 of the Civil Code of the Russian Federation in cases where, in accordance with the law, a general permit given by the owner, or with local custom in a certain territory, it is allowed to pick berries, harvest (catch) fish and other aquatic biological resources, collect or harvest other publicly available things and animals , the right of ownership to the relevant things is acquired by the person who collected or extracted them. Thus, animals removed from their habitat can be privately owned. “In other words, objects of the animal world - wild animals in a state of natural freedom - are provided for use in a specific territory or water area, and as long as wild animals are in a state of natural freedom, i.e. are, by definition, objects of the animal world, their use can be carried out only within the limits of the site (territory or water area) indicated by state bodies,., objects of the animal world, lawfully withdrawn from the natural environment, cease to be objects of the animal world from the moment of withdrawal and turn into property that may turn out to be the property of both state and private and municipal, i.e. may be alienated or freely transferred from one person to another by way of universal succession or in any other way.

Wildlife can be provided to legal entities and individuals for the following types of use: hunting; fishing, including the capture of aquatic invertebrates and marine mammals; extraction of objects of the animal world, not classified as objects of hunting and fishing; the use of useful properties of the vital activity of objects of the animal world - soil formers, natural environmental orderlies, pollinators of plants, biofilterers and others; study, research and other use of the animal world for scientific, cultural, educational, recreational, aesthetic purposes without removing them from their habitat; obtaining the products of vital activity of objects of the animal world. This list is not exhaustive, and other types of use of wildlife are possible with the direct establishment of a specific species in other regulatory legal acts.

The use of the animal world is carried out by removing objects of the animal world from their habitat or without it. Objects of the animal world removed from the habitat in accordance with the established procedure may be in private, state, municipal or other forms of ownership.

The legislation provides for the right of priority in granting the wildlife for use for the list of persons specified in the Federal Law "On the Wildlife". antitrust requirements.

Indigenous peoples and ethnic communities whose original culture and way of life include traditional methods of protection and use of wildlife, citizens belonging to these population groups and their associations have the right to priority use wildlife in the territories of traditional settlement and economic activity.

Objects of the animal world (organisms of animal origin or their population) may be in the exclusive federal ownership or in the ownership of the subjects of the Russian Federation.

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;

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 territories of two or more constituent entities of the Russian Federation.

Dubovik O.L. Decree. op. - S. 375.
Realization of property rights to natural resources: Monograph. -M.: Jurist, 2007. - S. 208, 209.
Shupletsova Yu.I. Decree. op. - S. 127, 128.

Rational use and protection of animal resources

Each animal species is an indispensable carrier of the genetic fund.

By participating in the circulation of substances in the biosphere, animals play an important role in dynamic equilibrium.

Also for humans, animals serve as a source of food and raw materials: a supplier of leather (snakes, crocodiles, pigs) and fur - fur (white-backed albatross, koala) industry.

But the division of animals into "useful" and "harmful" is conditional and depends on the number, place, time, and economic activity of people. For example, starlings are useful in spring: they destroy a large number of pests, and in autumn, eating grapes, they cause significant damage to vineyards. The blackbird and skylark are useful in Europe, but in New Zealand, where they were brought, they are agricultural pests. Therefore, when assessing the benefits and harms, it is necessary to take into account the characteristics of nutrition, behavior, numbers, and the role in the spread of natural focal diseases in specific conditions of place and time.

Man, by his activity, strongly influences the animal world, causing an increase in the number of some species, a decrease in others and the death of others. This impact can be direct or indirect.

The organization of fauna protection is based on two main directions - conservation and conservation in the process of use. Both directions are necessary and complement each other.

To enrich the fauna in many countries, acclimatization and re-acclimatization of wild animals are carried out on a large scale. Acclimatization is understood as work on the resettlement of animals in new biogeocenoses and their adaptation to new living conditions. Reacclimatization is a system of measures to restore animals destroyed in a particular region. Thanks to acclimatization, it is possible to make wider and more complete use of the bioresources of many natural complexes.

The reserve is a territory where, with the restriction of the use of natural resources, certain species of animals and plants are temporarily protected (Pripyat - Belarus).

A national park is a territory where landscapes and unique natural objects are protected. It differs from reserves in the admission of visitors for recreation (Yellowstone - USA; Losiny Ostrov - Russia).

Many animals are listed as rescued.

WWF - Founded in 1961. -- an international public organization that subsidizes the protection and study of endangered and rare species of animals, plants and their habitats.

Greenpeace was founded in 1971. -- an independent international public organization that aims to preserve the environment. Greenpeace opposes nuclear testing and radiation threats, pollution of the environment by industrial waste, protection of the animal world, etc.

In addition, the International Red Book has become widely known. Already in 1949, the IUCN began to collect information on rare animals and plants. It took 14 years for the first IUCN Red Data Book (Red Data Book) to appear in 1963. Two volumes were a summary of 211 mammals and 312 birds.

The legal basis for the environmental protection activities of the state in this area are the Law of the RSFSR "On the Protection and Use of Wildlife", as well as hunting and fishing legislation.