On Law-Making in the Field of Nature Management: what Are True “Features of National Hunting”

Abstract

The article contains a scholar position regarding the recent legislative initiative implemented (June 2021), which has changed the legal regime of hunting grounds and the procedure for concluding hunting agreements as a basis for granting hunting grounds to private individuals for use and the right to carry out activities in the field of hunting, including the extraction of hunting resources. The position is formed on the basis of a comprehensive study conducted using formal legal and systematic methods, as well as methods of modeling and comparative jurisprudence. The analysis of the current legal regulation, norms at the stage of their design, new provisions of the Federal Law “On Hunting”, as well as factual circumstances is presented. It is concluded that the novelties that have changed the Federal Law mentioned do establish, in the interests of private individuals — hunting users, the regime of ownership, use and disposal of hunting grounds owned by the state on the right of ownership, and according to the actual consequences are aimed at the privatization of hunting grounds, their inclusion in civil turnover between private individuals, and together with the right of extraction of hunting resources and conducting other types of activities in the field of hunting. This violates the principle of priority of public interests in the field of nature management, and the purpose and true subject of legal regulation of the analyzed novels, including the method of their introduction into the legal system, have signs of “dubious legitimation” and have a hidden form, since hunting grounds are a single natural and immovable complex, are in state ownership and cannot be subject to turnover between private faces. The provision of hunting grounds on behalf of the State to private individuals should not be carried out except exclusively for use, which has a strictly defined purpose, reasonable time and personalized fulfillment of obligations, without the possibility of exercising the powers of the order. The procedure for the provision of hunting grounds by the state for the use of private individuals should be competitive, with the use of bidding, paid and public. The forecast of negative consequences of the result of changing the Federal Law “On Hunting” through the introduction of innovations in 2021 is given.