Administrative and Legal Regulation of Fishery and Protecting Fish Stocks: Analysis of Foreign and Russian Legislation

Abstract

Legal regulation of relations in fisheries and the preservation of fish biological resources is inseparable from the state policy in this area, which is implemented within the framework of legal acts determining the development of fisheries as an important branch of the Russian economy and the economy of foreign countries. In turn, the documents defining the state policy in the field of fisheries and the development of fisheries, as well as ensuring the rational use, conservation and protection of aquatic biological resources should be interconnected with the main documents of strategic planning. Recently, the environmental law doctrine has paid particular attention to these issues in relation to the formation and implementation of state policy in the field of environmental protection, environmental safety, rational use of natural resources, and environmental management. The strategic (environmental) goal of the state policy in the field of fisheries and conservation of aquatic biological resources is the solution of related socio-economic items that ensure environmentally safe, qualitatively oriented growth in the extraction and processing fish resources, preservation of a favorable state of the environment, biological diversity and natural resources to meet the needs of present and future generations, the execution of the right of every person to accessible biological resources, ensuring environmental safety. However, in modern Russia regulatory framework and legal mechanisms that provide protection and rational use of fish stocks and other aquatic biological resources are not sufficiently developed. The significance of the fishing industry for the economic development of Russia, not excluding the existence of relevant issues, both in the economic and legal regulation of the field, necessitates solution of the issue, relying upon rich experience of foreign states. This article attempts to analyze foreign and Russian legislation in the field of administrative and legal regulation of the rules of fisheries and the protection of fish stocks. In the course of this study, both compliance and different interpretations of the norms of the Russian legislation and states of the Commonwealth of Independent States were established, as well as on the basis of the analysis of the norms of foreign legislation, regulatory proposals were made for Russian legislation that are of practical importance, since the protection of fish resources is an important part of the overall task of protecting the natural environment. Failure to take timely and appropriate measures to protect natural object leads to its destruction.