Abstract
The article deals with the changes in the legislation of Ukraine during 2016–2018, which have become the impetus for a new stage of development of legal regulation and practice of creation of protected areas around the breeding ground of wild birds, in particular, with the changes to the Sanitary Rules in forests of Ukraine, approved by the Cabinet of Ministers of Ukraine of 27 July 1995 no. 555 (in the wording of the Decree no. 756 of 26 October 2016), according to which since 11 november 2016, it is prohibited in Ukraine to implement measures to improve the sanitary state of forests (i.e. selective and continuous forest sanitation, elimination of clogging; prevention of the occurrence and spread of pests and diseases of the forest, combatting them, etc.) around the breeding ground of birds of prey from the Red Book of Ukraine (radius of 500 m), black stork (radius of 1,000 m), the lekking ground of gullers, black grouses (radius of 300 m). The decree of the Ministry of ecology and natural Resources of Ukraine no. 557 “On additional Measures for the Conservation of Rare and endangered Species of animals and Plants” of 29 December 2016, Decree of State agency of Forest Resources of Ukraine no. 17 “On additional Measures for the Protection of Wild animals and Plants Recorded in the Red Book of Ukraine” dated 20 January 2017, and separate local acts (of local councils, national natural parks, forestry enterprises, etc.) are also studied. The conclusions of the study on the peculiarities of the national legal regulation and the practice of creating such preservation zones, their legal regimes and recommendations for the improvement of legislation in this area are presented.
Highlights
In addition to the decisions of national authorities on the creation of protected sites and the decisions taken by them to execute orders administered by their organizations, a corresponding decision of the local self-government body was adopted in Ukraine, namely: the decision of the Kyiv City Council (2017) “On the establishment of protected zones around the nests of rare species of birds listed in the Red Book of Ukraine”39
In addition to the decisions of national authorities on the creation of protected sites (the Government, the Ministry of Environment, the State Agency for Forest Resources) and the decisions taken by them to execute orders administered by their organizations, a corresponding decision of the local self-government body was adopted in Ukraine, namely: the decision of the Kyiv City Council (2017) “On the establishment of protected zones around the nests of rare species of birds listed in the Red Book of Ukraine”39
Summary
– according to the Order of the Kivertsivskyi National Nature Park “Tsumanska Pushcha” (Volyn oblast, 2017), 4 protected sites for birds were created, namely: for 1 nest of gray crane (Grus grus) and 3 nests for black storks (Ciconia nigra); the workers of the park were ordered “to provide protection of territories and preservation taking into account peculiarities of biology and ecology of species, in particular, by prohibiting sanitary logging, eliminating clogs, creating forest crops, recreational use; to take into account the created objects when developing the project of organization of territory and materials of forest management; to ensure constant monitoring of the territory of the Park in relation to the existing places of birds nesting, to identify new nest sites (...) and, if necessary, to make proposals for amending the list of nesting places for birds (...)”32; hovynskyi”, “Dvorichianskyi”, “Dermansko-Ostrozskyi”, “Dzharylhatskyi”, “Dnistrovskyi Kanion”, “Karmeliukove Podillia”, “Kremenetski Hory”, “Meotyda”, “Nyzhniosulskyi”, “Oleshkivski Pisky”, “Pyriatynskyi”, “Pivnichne Podillia”, “Slobozhanskyi”, “Tuzlovski Lymany”, “Khotynskyi”, “Charivna Havan”, “Cheremoskyi”, as well as Carpathian Biosphere Reserve (in accordance with the list of enterprises, institutions and organizations belonging to the management of the Ministry of Ecology and Natural Resources (annex), specified by the Cabinet of Ministers of Ukraine of 9 November 2011, No 1122-р, http://zakon2.rada.gov.ua/laws/show/1122-2011-%D1%80 [access: 7.11.2018]).
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