RIGHTS FOR SUBJECTS OF FAUNISTIC LEGAL RELATIONSHIPS AND GUARANTEES OF THEIR PROVIDING
Abstract
Abstract. In the article on the basis of analysis ecological, natural resources legislation and special literature investigated the problem aspects of realization of rights for the subjects of faunistic legal relationships and guarantee of them are investigational legislative providing. It is set that rights and freedoms of subjects of faunistic legal relationships and guarantees of their realization certain on the basis of corresponding positions Constitutions of Ukraine, Laws of Ukraine "About fauna", "On Hunting Economy and Shooting" and other acts of legislation of faunal.
It has been suggested that the fundamental right of citizens in faunal relationships, are right to perform general use of wildlife, which is available to meet vital health, recreation, aesthetic needs and is carried out without removing these objects environment.
As a result of the study were reason to believe that under current conditions the state on the basis of positions of Constitution of Ukraine and other acts of national legislation is carry out the full fixing of rights for the subjects of faunistic legal relationships, however because of absence of effective mechanism of application of guarantees, there are considerable problems of realization of these rights first of all in the spheres of the use and guard of objects of animal kingdom, conduct of the hunting growing, monitoring of animal kingdom.
Keywords: Rights for the subjects of faunistic legal relationships, guarantees of providing of rights, faunistic legal relationships, faunistic legislation, animal kingdom.
References
References
Law of Ukraine № 2894-III of December 13, 2001 «On an animal kingdom» // Vidomosti Verhovnoi Rady Ukrainy [Supreme Council of Ukraine] (2002), 14, 97.
Zaychuk O.V., Onishchenko N.M. (2008). Teoria derzhavy i prava. Akademichniy kurs: pidruchnik [Theory of the state and law. Academic course]. Kiev, Ukraine: Jurinkom Inter 483.
Baliuk G.I., Pogribniy O.O., Shemshuchenko Y.S., etc. (2010). Tvariniy svit Ukrainy: pravova ohorona, vikoristania ta vidtvorenia [Animal kingdom of Ukraine: legal safeguard, use and recreation]. Kiev, Ukraine: Jurinkom Inter, 384.
Shahov V.S. (2013). Pravove regulyuvania vikoristania ta ohorony tvarinogo svitu [Legal adjusting of the use and guard of animal kingdom]. Ekolaw of Ukraine, 270-292.
Shemshuchenko Y.S. (1989). Pravovie problem ekologii [Legal problem of ecology]. Naukova dumka, 232.
Krasnova M.V. (2004). Pravovi aspekty garantiy prav na zemly [Legal aspects of guarantees of land rights]. An announcer of the Kyiv national university is the name of Taras Shevchenko, 58, 99-107.
Law of Ukraine № 1478-III of February 22, 2000 «On the hunting growing and hunt» Vidomosti Verhovnoi Rady Ukrainy [Suprem e Council of Ukraine] (2000), 18, 132.
Law of Ukraine № 3447-IV of February 21, 2006 «On protecting of animals
From legal cruelty» // Vidomosti Verhovnoi Rady Ukrainy [Supreme Council of Ukraine] (2006), 27, 230.
Downloads
Published
Issue
Section
License
Relationship between right holders and users shall be governed by the terms of the license Creative Commons Attribution – non-commercial – Distribution On Same Conditions 4.0 international (CC BY-NC-SA 4.0):https://creativecommons.org/licenses/by-nc-sa/4.0/deed.uk
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
