Вісник Харківського національного університету внутрішніх справ (Jun 2022)
Regarding the improvement of organizational and legal regulation of relations in the sphere of protection and use of the animal world and combating poaching during the period of martial law in Ukraine
Abstract
The current state of administrative and legal regulation of social relations in the sphere of protection and use of the animal world in Ukraine is analyzed. The meaning of the concept of “poaching” is revealed and its components are outlined. Taking into account statistical data, a detailed description of effective organizational and legal measures to counter poaching cases, which are used in the activities of the units of the National Police of Ukraine, the State Ecological Inspection, and other nature protection bodies of Ukraine, is provided. It is noted that poaching is one of the major threats to biodiversity and national ecological security of Ukraine. It is emphasized the need to involve the public in the organization of actions for the protection of the animal world, as well as in the process of planning joint preventive measures of protection nature, conducting information and explanatory work among the population on issues of preventing violations of administrative (nature protection) legislation. Attention is drawn to shortcomings in the Ukrainian legislation, which regulates relations in the sphere of protection and use of the animal world. Proposals are also made to improve the legal framework for the interaction of the water police and units of the State Environmental Inspection in the field of animal protection in the modern conditions of the introduction of the legal regime of martial law in Ukraine. Taking into account the positive experience of nature protection activities of law enforcement agencies and other state bodies of Ukraine, the main areas of improvement of the system of organizational and legal measures against poaching are highlighted. In particular, these are: the proper organization of state administration in the field of protection and use of the animal world; the strengthening the responsibility of citizens and officials for violating the basic requirements and rules of rational use and reproduction of the animal world; the presence of an effective organizational and legal mechanism for the implementation of the rights and obligations of users of animal world objects; the joint actions of the State Environmental Inspection and the Water Police regarding the protection, reproduction and use of rare and endangered animals; the keeping state records of animals and records of their production; the implementation of state and public control in the field of protection, use and reproduction of the animal world; the introduction of new organizational and legal forms and methods of interaction of authorized state bodies and other subjects of combating offenses in the field of animal protection, increasing control over the quality of their implementation; the development of legal eco-education and a system of crime prevention measures; the introduction of modern mechanisms of analytical and logistical support of law enforcement agencies.
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