Berezina N. The legal regime of using and protecting hunting lands.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U005323

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

18-12-2018

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The dissertation is concerned with the comprehensive analysis of scientific-theoretical and practical issues of the legal regime of using and protecting hunting lands, justification of the suggestions and recommendations for improving the legal regulation of social relations in the field of using and protecting the hunting lands in Ukraine. The historical and legal principles of the formation and development of the legal regime of hunting lands in Ukraine are determined in the work on the basis of the analysis of national environmental legislation, scientific and special literature. A comparative analysis of international acts as well as European legislation on the use and protection of hunting lands is carried out. The general and special (legal) features of hunting lands as the object of ecological-legal regulation are determined. Defined the notion of legal protection of the hunting lands, “the legal regime of use and protection of hunting lands” and set the main task of the protection of the hunting lands is to ensure the preservation and reproduction of hunting resources, the ecological value of natural and acquired qualities of land. The right to use the hunting lands is a multi-aspect concept, which is proposed to be examined in different meanings: a) as an objective right, that is, a legal institution; b) as a kind of right for natural resources enshrined in sectoral legislation and is identified according to the designated purpose of the object; c) as a subjective right; d) as a legal relationship; e) as a direction of the state policy in conditions of the constant development and reformation of the hunting industry. The legal protection of the hunting lands is a complex of organizational, technical, state and social measures of legal, organizational and economic nature enshrined in the legislation aimed at preservation, improvement, reproduction and rational use of the hunting lands as a habitat for wildlife, as well as the territorial basis of hunting management. Suggestions on optimization of the system of governmental bodies in the field of use and protection of hunting lands and improvement of effective environmental legislation are given.

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