Проблеми Законності (Feb 2020)

Theoretical and legal comprehension of wildlife: the essence and relationship with the related conceptions

  • Володимир Володимирович Шеховцов

DOI
https://doi.org/10.21564/2414-990x.148.194112
Journal volume & issue
Vol. 0, no. 148
pp. 120 – 131

Abstract

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The article is devoted to comprehensive research of wildlife essence as the object of environmental legal regulation. The doctrinal approaches to comprehension of wildlife as well as regulatory frameworks to legal definition of animal world according to legislation of Ukraine and some foreign countries have been analyzed. Legislator inconsequently goes to the problem of law language in the faunistic legislation thus it is necessity to make a distinction between categories of animal world and objects of animal world. Animal world is an integrated conception for underlying all wild fauna community which reside at the territory of Ukraine and are defined as common object of environmental protection. The objects of animal world are considered as a special (generic object) and indicate on wild fauna or their population apropos of the mutual right and obligations between the subjects of environmental law is raised. The applying of the categories "wild fauna" and "wild animals" is an expression of synonymy associated with the use of a foreign language term in the national domestic system of environmental legislation. Given the intensification of Ukraine’s involvement in a single European legal space, it would be expedient and timely to use the term "wild fauna" in national legal systems.

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