ОСОБЛИВОСТІ ПРАВОВОГО РЕГУЛЮВАННЯ ВИКОРИСТАННЯ ТА ОХОРОНИ ДИКИХ ТВАРИН ЗА ЗАКОНОДАВСТВОМ УКРАЇНИ ТА ЄВРОПЕЙСЬКОГО СОЮЗУ

Abstract

The article considers the legal basis for the protection and use of wild animals under the legislation of the European Union and Ukraine. The environmental policy pursued by the European Union and Ukraine in the field of wildlife protection is analyzed, in particular, the Association Agreement ratified by Ukraine with the European Union and the Member States. The main aspects and features of the joint efforts for the protection of wildlife are studied, their shortcomings are identified, as well as the approaches to eliminate them are suggested. The author pays special attention to the analysis of the Directives of the Council of the European Union in the field of wildlife protection. Particularly, the Directive of the Council of the European Union «On the protection of wild birds» provides for the creation of the necessary conditions for the protection, management and control of wild bird populations, as well as regulates the use of certain species in the European Union. The Directive lists 175 species of birds which are the responsibility of the Member States of the European Union and contains an exhaustive list of permitted species of birds. The above-mentioned Directive provides a basic legal protection for wild birds from being caught and slaughtered, as well as for the protection of their habitat, in particular concerning the protection of endangered birds and their migratory species. Some Directives of the Council of the European Union are analyzed, the purpose of which is to promote the conservation of biological diversity by protecting the natural habitats of wildlife. In particular, the Directive of the Council of the European Union «On the conservation of natural habitats of wild fauna and flora» provides for the conservation of about 450 species of animals whose extraction is prohibited and establishes lists of wildlife habitats and their species, as well as methods of conservation. The obligation to implement special protection measures to ensure the protection of wildlife habitats rests with the Member States of the European Union. Some other Directives of the Council of the European Union are analyzed, the priority purposes of which are the protection of wild fauna. The national legal framework and law enforcement activities carried out on the territory of Ukraine in the context of the use and protection of wild animals need to be improved and refined in terms of measures provided by the state to protect wildlife.