Features of the Legal Regime of Hunting Lands

Abstract

Problem setting. The current level of legal regulation of hunting sector as a sphere of social production does not provide the needs and interests of society. It’s concerning with, firstly, inconsistencies, contradictions, gaps in the legal regime for the use and protection of hunting lands; secondly, neglect of the environmental factor as a key condition for sustainable development of the state; thirdly, the unfavorable ecological situation on the territory of Ukraine, the increasing anthropogenic pressure on the environment, taking into account the fact that at the legislative level protection, regulation of the number of wild animals, using and reproduction of hunting animals proclaimed as the priority tasks of the ecological and legal direction for the hunting sector (Art. 1 of the Law of Ukraine «On Hunting Economy and Shooting»); fourthly, the need to bring the legislation on the legal regime of hunting lands in line with international standards and requirements. Analysis of recent researches and publications. The scientific and theoretical basis for the research is the works of domestic experts in the field of land, ecology and agrarian law, in particular, V. I. Andreetsev, G. I. Balyuk, A. G. Bobkova, A. P. Hetman, V. M. Yermolenko, M. V. Krasnova, V.V. Nosik, V.Yu. Urkevich, A. K. Sokolova, N. R. Kobetska, V. S. Shakhov, M. V. Shulga, L. V. Basay, A. O. Tomin, V. V. Ovdiyenko, L. R. Danylyuk, L. D. Nechiporuk, P. V. Tikhiy, M. P. Volik and others. However, today there is no comprehensive study of the legal regime of using and protection of hunting lands. Target of research. The purpose of this article is to determine the legal nature of the concept of «legal regime of hunting lands» in Ukraine. In accordance with the stated purpose, the following tasks are foreseen: a) to analyze the current environmental legislation in the mentioned field; b) consider leading scientific and theoretical approaches to understanding the legal regime of hunting lands; c) to formulate theoretical conclusions and recommendations for the formation of measures to improve environmental legislation in the field of using and protection of hunting lands. Article’s main body. The structure of the legal regime of using and protection of hunting lands consists of such basic elements as: the mechanism of legal regulation (law provisions, legal facts, legal relations, acts of realization of rights and duties, law enforcement), subjects of law (their legal status, legal personality ) objects of law, methods of interaction of specific types of subjects with objects, system of guarantees of its implementation (legal liability for violation of the regime). The content of the legal regimes of hunting lands determined by the relevant state authority, as a rule, legislative branch, and consists of the established essential conditions of each element of the structure of the legal regime. The legal regime of using and protection of hunting lands also characterized by both general and special features. Conclusions and prospects for the development. We should summarize that the «legal regime» as a legal category is a form of social relations in the field of use, protection and, in certain cases, reproduction, provision of environmental safety of hunting grounds. The state and requirements enshrined in the legislation of the ecological direction concerning the special regime of the use of hunting lands by the subjects of certain legal relations. Due to legal means of diversified orientation (incentives, prohibitions, restrictions, norms, obligations, etc.), as well as natural properties of hunting lands as objects of ecological legal regulation, certain types of legal regimes of hunting lands have been created.