The dissertation is devoted to scientific and theoretical development of modern problems of systematization of the faunal legislation of Ukraine. It offers conceptual solutions for its systematization and improvement, taking into account international legal approaches to its formation and practice of their implementation.
Some legal and philosophical aspects of approaches to the general understanding of animals as objects of legal relations are investigated, the complex analysis of theoretical and legal understanding of the animal world as object of ecological and legal regulation is carried out, on the basis of the analysis of the basic international legal acts. At the regional and universal levels of international cooperation in the field of wildlife protection, conclusions are made about the need to improve the regulatory framework in these areas, considered ways to form a system of Ukrainian legislation on wildlife in accordance with European legal principles of its development.
The paper considers the category "ownership of the Ukrainian people of wildlife" in terms of it as a leading paradigm that determines the special importance of the animal world in the process of national evolution. It is argued that the lack of declaration in the Constitution of our country that wildlife is the national wealth of Ukraine, an integral part of the environment, which performs important environmental, stabilizing and regulatory functions, a source of various human interests and needs, is a significant problem affecting formation of all faunal legislation.
A study of the organizational and legal regime of the institutional component in the field of use, reproduction and protection of fauna is devoted to the search for ways to integrate the latest views on environmental management into the modern faunal legislation of Ukraine. It is emphasized that the domestic practice of environmental management in general and management in the field of public relations related to the use, reproduction and protection of wildlife, requires the implementation of new views on the system-structural construction of management on the basis of multiple subject composition and involvement all stakeholders, as well as establishing a process of harmonious interaction between government and private (including public) institutions, guided by the sole purpose of their symbiosis – proper and effective protection of wildlife, its preservation for future generations, the rational use of wildlife.
Theoretical and methodological bases of formation of system of functions of ecological management and management in the field of realization of faunal legal relations for the purpose of establishment of specific signs and development of model of structure of functions of management in the field of use, reproduction and protection of fauna are investigated.
The economic and legal component is considered as an important element of the mechanism of ensuring the effectiveness of faunal legislation and the list of conditions that are necessary to ensure the effectiveness of faunal legislation is determined.
The analysis of scientific and theoretical concepts on the formation of faunal law of Ukraine is carried out. It is proved that the uniqueness and specificity of social relations in the field of use, reproduction and protection of fauna determines their separation from the general depths of environmental law and leads to the formation of a relatively independent within this legal field set of norms related to object-subject composition, form a sub-branch of faunal law of Ukraine.
It is carried out the general characteristic and research of such basic concepts in the field of the faunal legislation, as “animals”, “wild animals”, “wild fauna”, “fauna”, “objects of fauna”, “use”, “using”, “reproduction”, “protection”, etc.
The existing concepts of development of the ecological legislation and prospects of further improvement of its structure on the basis of the offered model of construction of the legislation on the animal world are investigated. The necessity of elaboration of optional ways of systematization is substantiated, in this connection it is offered to carry out step-by-step codification of post-resource legislation with the further prospect of approximation to the provisions of the Code of Environmental Laws. A two-stage level of systematization of environmental legislation in relation to wildlife legislation is proposed: the Faunistic Code of Ukraine (at the level of already adopted and developed codified legislative acts in the form of codes and laws in the field of environmental public relations) and the Code of Environmental Laws of Ukraine as the second link.
