Accepted at the ninth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of June 8, 1997, No. 9-14

MODEL LAW

About fauna

The fauna is the integral component of the environment and biological diversity of Earth renewed, protected by the natural resource requiring rational use.

This Law fixes single procedure for legal regulation in the field of protection and use of fauna for satisfaction of ecological, economic, esthetic and other needs of the person taking into account interests present and future generations.

Chapter 1. General provisions

Article 1. Main terms and determinations

In this Law the following main terms and determinations are applied:

fauna - the wild animals (mammals, birds, reptiles, Amphibia, fishes, and also mollusks, insects and others) who are living in condition of natural freedom on the land, in water, the atmosphere and the soil, constantly or the states which are temporarily inhabiting the territory;

fauna object - organism of animal origin (wild animal) or population of organisms of animal origin;

the habitat of fauna - the environment in which objects of fauna live in condition of natural freedom;

steady use of objects of fauna - use of objects of fauna by the methods which are not bringing in the long term to depletion of biological diversity of fauna and by that keeping its capability to reproduction and requirements satisfaction present and future generations of people.

Article 2. Task of the legislation of the state in the field of protection and use of fauna

Task of the legislation of the state in the field of protection and use of fauna is regulation of the relations in the field of protection and rational use of fauna for the purpose of providing conditions of its existence, preserving specific variety and integrity of natural communities of live organisms.

Article 3. The legislation of the state in the field of protection and use of fauna

The relations in the field of protection and rational use of fauna are regulated by this Law, other legislation of the state.

The relations in the field of protection and rational use of farm and other pets the, and also the wild animals containing in bondage and used in economic, scientific, cultural and educational and other purposes are regulated by the relevant legislation of the state.

Article 4. Property on fauna and objects of fauna in the state

The fauna is property of the state. The fauna objects withdrawn from the habitat in the procedure established by the legislation of the state can be in private, state, ownership in common.

The relations on ownership, use and the order of such animals are regulated by this Law, other legislation of the state.

Article 5. Subjects of the relations in the field of protection and use of fauna

Legal entities and physical persons including foreign, and also foreign states, the international organizations can be subjects of the relations in the field of protection and use of fauna.

Article 6. The rights and obligations of citizens and public associations in the field of protection of fauna and the circle of its dwelling

Citizens and public associations have the right:

promote implementation of the appropriate state programs;

carry out public environmental assessment;

exercise public control;

hold events for protection of fauna and the circle of its dwelling;

obtain reliable information in the field of protection of fauna;

make in court compensatory actions, caused by violation of the rights of citizens in the field of protection and use of fauna;

receive indemnification, caused by wild hoofed animals to agricultural crops and property of citizens.

Citizens and public associations shall observe the legislation of the state in the field of protection and use of fauna.

By the legislation of the state also other rights of citizens and public associations can be determined by protection and rational use of fauna.

Chapter 2. Public administration in the field of protection and use of fauna

Article 7. The basic principles of public administration in the field of protection and steady use of fauna

The basic principles of public administration in the field of protection and use of fauna, preserving and recovery of the circle of its dwelling are:

implementation of use of fauna of the methods which are not allowing animals abuse according to the principles of humanity;

inadmissibility of combination of activities for implementation of the state control of use and protection of fauna with activities for use of objects of fauna;

department of right to use by fauna from right to use by the earth, the woods and other natural resources;

paid nature of use of fauna;

priority of the principles of international law in the field of protection and use of fauna, preserving and recovery of the circle of its dwelling.

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