Hunting as a species of special use of hunting animals

Abstract

Problem setting. In the context of the game preserve is extremely important is the concept of "hunting" and "huntering". According to Art. 1 of the Law of Ukraine "On hunting and hunting," hunting a special kind of wildlife by bagging game animals living in the wild or kept in semifree conditions within the hunting grounds. Hunt, according to the same sex law, defined as human action, aimed at stalking, harassment for the purpose of obtaining and extracting it (shooting, capture) of game animals that are in the wild or kept in semi-free conditions. Recent research and publications analysis. It should be noted that this problem is reflected in the writings of many scientists. In particular, M. Volyk, S. Golub, V. Krayeva, L. Nechyporuk, V. Ovdiyenko, T. Suhorebroyi, P. Tihiy, A. Tomina. Paper objective. The purpose of this article is to study the regulation and legal position regarding the scientific meaning of "hunting" and its relationship with related concepts and output its results determine the type of hunting as a special use of game animals. Paper main body. Hunting - is the extraction of wild animals and birds to exercise their beneficial properties, and hunting - a search, harassment and / or other measures of wild animals and birds, as a result, acquiring them to exercise their
beneficial properties. However, we must realize that the extraction of wild animals and birds, in fact, is the search, harassment and / or other actions against them as a result, acquiring them. With this in mind, and hunting, and hunting can be defined as the extraction of wild animals and birds (search, harassment and / or other actions against them as a result, obtaining them) to use their beneficial properties. That is, hunting and hunting are the same in content, nature and purpose of the action. Accordingly, we have a need to turn to dictionaries of synonyms Ukrainian language. Conclusions of the research. Therefore, the research acts Ukrainian, Russian, Belarusian legislation, ways to translate these words in different languages, analysis of scientific papers, the interpretation of those words and as a result find out that hunting and hunting - words identical in meaning, we think it appropriate: 1) the concept of "hunting" shall be excluded from Art. 1 of the Law of Ukraine "On hunting and hunting" and other legal acts regulating relations relevant areas; 2) The concept of "Hunting" shall have the art. 1 of the Law of Ukraine "On hunting and hunting" as follows: hunting - a type of special use of game animals, which is based on legal documents, entity which has the right in accordance with the laws of Ukraine, taking into account all its requirements, restrictions and prohibitions on the place, time, methods, tools, standards, etc., and shooting, which is manifest in the actions of the subject, aimed at stalking and harassment for the purpose of exploration and mining it (shooting, capture) of mammals and birds, whose natural habitat is the wild nature, in all their species and population diversity, which are in the wild or kept in semi-free conditions within the hunting grounds and may be subject to hunting. We believe in the Ukrainian legislation should leave the notion of hunting because: 1) "hunting" for the Ukrainian legislation and "hunting" for Russian and
Belarusian legislation is virtually identical in content terms. That is, the notion of "hunting" (and not "hunting") is enshrined in the laws of other states; 2) the situation with the translation of concepts "hunting», «hunt» / «hunting» the Ukrainian language (including translating the concepts of "hunting" "hunting" in Russian and English) suggests that it is often translated as "hunting"; 3) despite the fact that the legislation stipulates two concepts are defined as a kind of special hunting of wildlife, yet, when it comes to such use beyond the scope of Art. 1 of the Act, the legislator uses the concept of "hunting". That is, it is more acceptable and used, as evidenced by: the name of the Law of Ukraine "On hunting and shooting," the name and position of individual sections of the Act (section II "State regulation in the field of hunting and shooting," Section V «Control of hunting and hunting economy ", Chapter VI« Responsibility for violation of legislation on hunting and hunting economy "), the name and content of art. 248 of the Criminal Code of Ukraine (p. 248 "Illegal hunting"), the rules ch. 1, ch. 2, Art. 85 of the Administrative Code (p. 85 "Violation of the rules for the use of animals"). Apparently, the legislators in these examples does not use the concept of "hunting", namely "hunt"; 4) Some scientists are investigating the hunting and shooting are also often used the concept of "hunting", though, believes that hunting is a special kind of wildlife. For example, the textbook Environmental Law Ukraine ed. AP Hetman and MV Shulgi XIII contains the "Rights protection, reproduction and use of fauna" and Section 3 of this chapter entitled "Legal regulation of hunting and hunting economy".