Legal regime of wildlife
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General Provisions
Fauna is the property of the peoples of the Russian Federation, an inseparable element of the natural environment and biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, thoroughly protected and rationally used to meet the spiritual and material needs of citizens of the Russian Federation1.
The legislation of the Russian Federation in the field of protection and use of wildlife and its habitat is based on the provisions of the Constitution of the Russian Federation, federal laws on environmental protection, and consists of the Federal Law "On Wildlife," laws adopted in accordance with it, and other normative legal acts of the Russian Federation, as well as laws and other normative legal acts of the subjects of the Russian Federation on the protection and use of wildlife2. Legislation
"legislation" in the legal encyclopedia") on fisheries and conservation of aquatic biological resources consists of the Federal Law "On Fisheries and Conservation of Aquatic Biological Resources", other federal laws and laws of the subjects of the Russian Federation3.
According to current legislation, wildlife refers to the collection of all living organisms of wild animal species permanently or temporarily inhabiting the territory of the Russian Federation and found in a state of natural freedom, as well as those relating to the natural resources of the continental shelf and exclusive economic zone of the Russian Federation (article 1 Federal Law "On Wildlife").
To the objects of the animal world also belong aquatic biological resources (aquatic bioreources). However, due to significant features of the legal regime of aquatic biological resources, they are usually considered separately. Aquatic bioreources include fish, aquatic invertebrates, aquatic mammals, algae, other aquatic animals and [plants](/enc/13730/ "Definition of the term «Plants» in the legal encyclopedia), which are in a state of natural freedom (in accordance with the Federal law
"On Fisheries and the Conservation of Aquatic Biological Resources".
Among the main federal laws defining the legal regime of wildlife and aquatic biological resources can be included: Federal Law «On Environmental Protection»; Federal Law «On Wildlife», Federal Law «On Fisheries and Conservation of Aquatic Biological Resources»; Federal Law «On Hunting and Conservation of Hunting Resources and on Making Amendments
"amendments to individual legislative acts of the Russian Federation"4.
Federal Legislation of the Russian Federation on the protection and use of wildlife regulates relations in the area of protection and use of wildlife objects living under natural freedom conditions. Relations in the area of protection and use of wildlife objects kept under semi-wild conditions or in an artificially created habitat for the purpose of preserving the resources and genetic fund of wildlife objects, as well as for other scientific and educational purposes, are regulated by this Federal Law, other federal laws, and other
by normative legal acts of the Russian Federation, as well as by laws and normative legal acts of the subjects of the Russian Federation (part 2 of article 3 of the Federal Law "On Wildlife").
Relationships in the field of protection and use of agricultural and other domesticated animals, as well as wild animals kept in captivity, are governed by other federal laws and other normative legal acts of the Russian Federation (Part 3 of Article 3 of the Federal Law "On Animal World").
- Preamble of the Federal Law "On Wildlife". ↩
- Part 1 of Article 3 of the Federal Law "On Wildlife". ↩
- Part 1 of Article 3 of the Federal Law "On Fishing and Conservation of Aquatic Biological Resources". ↩
- Federal law dated July 24, 2009 No. 209-FZ "On Hunting and Conservation of Hunting Resources and on Amending Certain Legislative Acts of the Russian Federation" // Collection of Laws of the Russian Federation. 2009. No. 30. Article 3735. ↩