of December 13, 2001 No. 2894-III
The fauna is one of components of the surrounding environment, national wealth of Ukraine, source of spiritual and esthetic enrichment and education of people, subject to scientific research, and also important base for receipt of industrial and medicinal raw materials, foodstuff and other material values.
For the benefit of present and future generations in Ukraine with participation of the companies, organizations, organizations and citizens measures for protection, evidence-based, unexhausted use and reproduction of fauna are performed.
The relations in the field of protection, use and reproduction of fauna which objects are in condition of natural freedom in semi-free conditions or in bondage, on the land, in water, the soil and air, constantly or temporarily inhabit the territory of Ukraine or belong to natural wealth of its continental shelf and exclusive (sea) economic zone, are regulated by the Constitution of Ukraine, this Law, the laws of Ukraine "About protection of the surrounding environment", "About hunting economy and hunting" and other regulatory legal acts.
The relations in the field of protection, use and reproduction agricultural, pets, and also the activities connected with protection and use of remains of fossil animals are regulated by the relevant legislation of Ukraine.
Tasks of the legislation of Ukraine on protection, use and reproduction of fauna are:
regulation of the relations in the field of protection, use and reproduction of objects of fauna;
preserving and improvement of the habitat of wild animals;
providing conditions of preserving all specific and population variety of animals.
Fauna objects to which operation of this Law extends are:
wild animals are chordates, including vertebrata (mammals, birds, reptiles, Amphibia, fishes and others) and invertebrates (arthropods, mollusks, erinaceouses and others) in all their specific and population variety and at all stages of development (embryos, eggs, dolls, etc.), being in condition of natural freedom, containing in semi-free conditions or in bondage;
parts of wild animals (horns, skin, etc.);
waste products of wild animals (honey, wax, etc.).
Fauna objects, and also holes, lodges, dens, ant hills, beaver dams and other housing and constructions of animals, places of tokovaniye, molt, nested colonies of birds, permanent or temporary accumulations of animals, spawning areas, other territories which are the circle of their dwelling and ways of migration are subject to protection.
The wild animals who are in condition of natural freedom within the territory of Ukraine, its continental shelf and exclusive (sea) economic zone, other objects of fauna to which operation of this Law extends and which are in state-owned property and also fauna objects which in the procedure established by the legislation are acquired in utility or private property and are acknowledged as objects of nation-wide value, treat natural resources of nation-wide value.
The property right to objects of fauna is acquired and implemented according to the Constitution of Ukraine, this Law and other laws of Ukraine.
The fauna objects staying in condition of natural freedom and being in limits of the territory of Ukraine, its continental shelf and exclusive (sea) economic zone are objects of the property right of the Ukrainian people.
On behalf of the Ukrainian people of the right of the owner of the objects of fauna which are natural resource of nation-wide value perform public authorities and local government bodies in the limits determined by the Constitution of Ukraine.
Each citizen has the right to use fauna objects - objects of the property right of the Ukrainian people according to this Law and other laws of Ukraine.
Fauna objects in Ukraine can be in the state-owned, utility and private property.
Fauna objects are in Ukraine under protection of the state irrespective of the property right to them.
The fauna objects containing (stored) the companies, organizations and the organizations of the state or utility pattern of ownership are right object according to the state-owned or utility property.
The fauna objects withdrawn from condition of natural freedom, divorced (received) in semi-free conditions or in bondage or acquired in other way which is not prohibited by the law, can be in private property of legal entities and physical persons.
Legality of acquisition in private property of objects of fauna (except got according to the procedure of general use) shall be supported by the relevant documents certifying legality of withdrawal of these objects from the environment, import to Ukraine from other countries, the fact of purchase, exchange, obtaining in inheritance, etc. which are issued in the procedure established by the legislation.
In the procedure for the right of owners of objects of fauna provided by the law can be limited for the benefit of protection of these objects, the surrounding environment and protection of the rights of citizens.
The right of private property to objects of fauna stops in case:
wild animals abuse;
establishments by legal acts of prohibition concerning stay in private property of separate objects of fauna.
The right of private property to objects of fauna can stop also in other cases provided by the law.
The right of private property to fauna objects in the cases provided by part one of this Article can be stopped judicially in claims of the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources.
When holding actions for protection, rational use and reproduction of fauna, and also when implementing any activities which can affect the habitat of wild animals and condition of fauna observance of the following main requirements and the principles shall be provided:
preserving living conditions of specific and population variety of fauna in condition of natural freedom;
inadmissibility of deterioration in the habitat, ways of migration and conditions of reproduction of wild animals;
preserving integrity of natural communities of wild animals;
observance of evidence-based standard rates and limits of use of objects of fauna, ensuring their unexhausted use, and also reproduction;
rational use of useful properties and waste products of wild animals;
the paid nature for special use of objects of fauna;
regulation of number of wild animals for the benefit of public health care and prevention of damnification to the environment, economic and other activity;
accounting of results of environmental impact assessment concerning objects of economic and other activity which can negatively influence fauna condition.
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