Open AccessOn the Qualitative Improvement of the Wildlife Protection Legislation
Author(s) -
П. И. Дойников
Publication year - 2021
Publication title -
lex russica/lex russica (russkij zakon)
Language(s) - English
Resource type - Journals
eISSN - 2686-7869
pISSN - 1729-5920
DOI - 10.17803/1729-5920.2021.177.8.118-125
Subject(s) - legislation , wildlife , environmental ethics , recreation , natural (archaeology) , wildlife trade , geography , amateur , captivity , political science , ecology , law , biology , archaeology , philosophy
The Russian Federation is inhabited by about 150 thousand species of animals and this figure accounts for 9% of the world’s fauna. Guided by the logic of the utilitarian economic and legal approach called rational use of natural resources, this number includes a set of living organisms of all types 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 related to the natural resources of the continental shelf and the exclusive economic zone of Russia, which are only part of the subject of the emerging complex branch of faunal law, together with wild animals in captivity, service animals, domestic animals, agricultural animals, and living organisms obtained as a result of the use of genetic engineering technologies. Higher mammals are sentient beings, that is, they are capable of experiencing suffering, pain, emotions, and the development of intelligence is confirmed by solving the most complex natural problems and puzzles, which allows us to consider them as individuals of non-human nature and non-human origin, and therefore it is incorrect to associate some of the objects of the animal world belonging to higher mammals with objects of property rights, that is, things. Commercial, amateur and sports hunting are types of hunting in Russia, carried out by trapping or shooting, expressed in the killing of hunting resources, that is, objects of the animal world that can be used for hunting. Hunting in the domestic legislation is a form of leisure, recreation and economic activity that ignores the natural rights of higher animals, including the right to life. A characteristic feature of the Law "On Responsible Treatment of Animals" is that its norms and principles for the treatment of animals do not apply to objects of the animal world, marine and aquatic mammals, animals classified as hunting resources, agricultural animals, living organisms created as a result of genetic engineering activities, which significantly reduces its humanistic significance.