Regional «red» lists (in the context of regional protection of rare species of wild animals)
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2017, Vol 28, Issue
Abstract
The article sets out current national legislation and practice of regional protection of rare species of wild animals in Ukraine. It is indicated that on legislative level maintenance regional biological and landscape diversity is defined as one of the strategic goals and objectives of the state regional policy of Ukraine. The attention is brought to the fact that in the context of the specifics of environmental policy, state regional policy (as well as national and international) should be based on the principles of ecosystem-based, integrated management, which may go beyond the legally defined concept of «region» as a kind of political unit (the Autonomous Republic of Crimea, regions, cities of Kyiv and Sevastopol). It is also emphasized that public relations on regional red lists maintenance (compared to the Red Book of Ukraine) have no clear and proper legal regulation in Ukraine nowadays. On the basis of legislation analysis, the following conclusion is made: regional red lists are mentioned in the other issues regulation context only in two articles of the Law of Ukraine «On Wildlife», namely: Part. 1 Art. 37 and Sec. 6 Part. 2 Art. 34. Some results of the analysis of practice of rare animals’ species regional protection in Ukraine are described: 17 regional red lists, approved by the regional councils and the Kyiv City Council in separate applications to their solutions exist now in Ukraine (due to annexation Autonomous Republic of Crimea’s practice is not included); local councils approved two lists at once with their decisions: 1) separate list of species that are not included in the Red Book of Ukraine, but are in need of special protection within the region; 2) separate list of species that are included in the Red Book of Ukraine and are spread in the region. In other cases, local councils adopted a single list, namely the list of species, which are subject to protection in the territory of a region or city Kyiv with the types of animals: 1) not included in the Red Book of Ukraine or 2) which may include species as those included and not included in the Red book of Ukraine; regional red lists were adopted with different names: «List», «General list» ets.; to fill the gaps in the legal regulation in respect of regional red lists maintenance a number of regional councils adopted specific provisions on the lists maintenance procedure. However, these regulations in different regions have different governance of the same relationships. Moreover, analysis of the content of these provisions leads to the conclusion that a model for them was the Law of Ukraine «On the Red Book of Ukraine»; specific feature of a number of regional lists is an indication for each included specie protection existence also under the Red Book of Ukraine, the European Red List, IUCN Red List, as well as the Berne and Bonn Conventions, CITES Convention and/or the Black Sea Red Data Book; the names of animal species are indicated in the lists: either in Ukrainian, either in Ukrainian and in Latin, either in Ukrainian, in Russian and in Latin; In some regions of Ukraine the abovementioned lists formed the basis of the illustrated book editions, such as the Red Book of Ukraine, but without mandatory official status of documents, and mainly as a scientific publications. For example, in 2013 «The Red Book of Kharkiv region. Fauna» was published; in 2011 – «The Red Book of Dnipropetrovsk region. Fauna» and «The Red Book of Ukrainian Carpathians. Fauna»; in 2007 – «The Red Book of Bukovyna. Fauna»; only in the lists part the categories of protection of rare animal species are stated, at the same time numbers and names of the categories in different areas are fixed in different ways. A general conclusion about the necessity for basic legal regulation of mentioned relations on laws level for the formation of a coherent regional policy in this area and improvement of existing acts, regulation these social relations, is made.
Authors and Affiliations
Ganna Levina
Keywords
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