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LEGISLATION ON HUNTING   /  FISHING

LAW OF UKRAINE

On Hunting Economy and Shooting

 

This Law establishes legal, economic and organizational basics for the activities of legal entities and physical persons in the sphere of hunting economy and shooting, provides equal rights to all users of hunting grounds in their relations with governmental authorities for hunting economy, shooting organization, use and reproduction of fauna.

Chapter I

GENERAL PROVISIONS


Article 1. Terms and their definitions

In this Law the terms are used in the following meaning:

biotechnical measures – a system of various economic activities, directed on improving the conditions of living, reproduction and increase in the quantity of game animals;

state hunting fund – game animals that are kept in the state of natural freedom, and are also kept semi-free or are in captivity on the grounds of state hunting farms;

users of hunting grounds – specialized hunting farms, other enterprises, institutions and organizations, where specialized divisions have been established for hunting activities; they are given the right to use hunting grounds;

hunting – a specific use of fauna through bagging game animals that are kept in the state of natural freedom or are kept semi-free on the hunting grounds;

hunting economy as industry – sector of social production, whose major tasks are protection, use and reproduction of game animals,provision of services to hunters related to shooting, development of hunting sport and hunting dog breeding;

hunting dog breeding - activity, related to breeding, growing, keeping, accounting, training for shooting and using hounds for the hunters’ purposes;

game animals – wild animals and birds that may be hunted for;

hunting trophies – duly treated parts of game animals (skins, horns, antlers, skulls, fangs etc.), obtained while shooting and used for scientific, aesthetic, cultural and educative purposes;

hunting grounds – areas of dry land and water, where game animals are kept, which may be used for hunting economic activities;

quota of shooting – established number of game animals, allowed for bagging by one hunter per a set term of shooting;

shooting– human actions, aimed at tracking, chasing for bagging and bagging itself (shooting, catching) of game animals, that are kept in the state of natural freedom or semi-free in the natural environment;

shooting production – bagged while shooting carcasses of game animals, their parts (meat, by-product, skins, horns, antlers, skulls, fangs etc.), and caught live game animals;

capability of hunting grounds – maximum possible number of hunters, who may shoot the same day on a certain area of hunting grounds (taking into account the number of game animals and the necessity to comply with the requirements of safety measures);

arrangement of hunting grounds - scientifically grounded assessment and inventory of hunting grounds types, species, quantity and quality of game animals on a specific farm or region, development (considering natural and economic conditions) of the mode of keeping the hunting economy that determine the measures of protective, rational use, and reproduction of game animals, maintaining and improving the conditions of grounds;

keeping game animals semi-free – keeping the duly obtained game animals in man-made conditions, where they are fed mostly on natural forage, but do not have a possibility to freely move outside the enclosed area of the hunting grounds;

keeping game animals in captivity - keeping game animals in the respective facilities, where they are unable to be fed on natural forage and move independently out of these facilities.

Article 2. Game animals as the natural resource of national importance

Game animals that are kept in the state of natural freedom or semi-free in the natural environment, belong to the natural resources of national importance.

Article 3. The right of property for game animals and the right to use these animals

Game animals that are kept in the state of natural freedom on the territory of Ukraine are the object of ownership of the Ukrainian people.

On behalf of the Ukrainian people governmental and local authorities enforce the ownership of game animals within the limits, stipulated in the Constitution of Ukraine, governmental authorities enforce the ownership of all the game animals, except those, that according to this Law and other legislative documents, are transferred to the communal property or private property of legal entities or physical persons.

The use of game animals may be with or without taking them out of their natural environment or man-made semi-free conditions.

Specific game animals, taken out of the natural environment in accordance with the legally established procedure, bred in captivity or obtained in another way, not prohibited by the legislation of Ukraine, may be in private property of legal entities and physical persons.

For the protection of population, and in the interests of fauna protection the right of private property for specific game species may be legally limited.

 

Chapter II

GOVERNMENT REGULATION OF HUNTING ECONOMY AND SHOOTING

 

Article 4. Government regulation of hunting economy and shooting

The government regulation of hunting economy and shooting is executed by the Cabinet of Ministers of Ukraine, Council of Ministers of Autonomous Republic of Crimea, local state administrations, specifically authorized central body of the executive power for environmental protection, specifically authorized central body of the executive power for hunting economy and shooting, other central bodies of the executive power in compliance with their authority as well as their local departments.

By this Law and by other laws of Ukraine local governing bodies may be granted certain authority of the executive power bodies in the area of government regulation of hunting economy and shooting.

Article 5. Powers of the Cabinet of Ministers of Ukraine in the area of hunting economy and shooting

The powers of the Cabinet of Ministers of Ukraine in the area of hunting economy and shooting include:

provision of implementing the governmental policy in the sphere of hunting economy and shooting;

transfer of game animals that are in state property into communal property and private property of legal entities and physical persons;

establishment of the procedure of issuing permissions for the use of game animals as the natural resource of national importance in compliance with this Law and other legislative documents;

development and implementation of national programs in hunting economy;

provision of government regulation and control in the sphere of protection, use and reproduction of game animals;

approval of the procedure of setting limits and issuing permissions for the use of game animals;

arrangement of foreign economic relations and international cooperation in the hunting economy and shooting;

solution of other matters within the limits of its competence.

Article 6. Powers of specifically authorized central body of the executive power for hunting economy and shooting

The powers of specifically authorized central body of the executive power for hunting economy and shooting include:

execution of government regulation and control in the area of hunting economy and shooting;

organization of activities of protection, use and reproduction of game animals, maintaining and improving the condition of hunting grounds;

issuance of permissions for the use of game animals that are in state property;

decisions on the termination of hunting in cases stipulated in this Law;

development of draft limits and standards of game animals use, establishment, under the agreement with specially authorized central body of the executive power for the environmental protection, the terms of shooting;

establishment, under the agreement with the central body of the executive power for finance, the license fee for bagging game animals;

submission of documents regarding the provision of the right to use hunting grounds;

preparation of draft plans for resettling game animals, organization of activities as to their artificial reproduction;

provision of public accounting of the quantity and bagging of game animals;

establishment of the procedure of issuing certificates for hounds, other hunting animals and birds;

establishment of the procedure of issuing certificates of hunter and annual control cards for accounting the bagged game and violations of the shooting rules;

organization of work on arranging hunting grounds, determination of their capacity;

organization of work on entering agreements with the users of hunting grounds on conditions of keeping hunting economy, controlling the execution of contracts;

keeping the monitoring and the state cadastre of game animals that are on the territory of Ukraine;

solution of other matters in the area of hunting economy and shooting in accordance with the legislation.

Article 7. Powers of the Council of Ministers of Autonomous Republic of Crimea in the area of hunting economy and shooting

Powers of the Council of Ministers of Autonomous Republic of Crimea in the area of hunting economy and shooting include:

implementation of the governmental policy in the sphere of protection, use and reproduction of game animals;

organization and execution of the government regulation and control of the protection, use and reproduction of game animals, keeping the monitoring and the state cadastre and public accounting of game animals that are on the territory of Autonomous Republic of Crimea;

development of the republican programs, related to studying, protecting, using and reproducing game animals;

agreement of the issues related to location of enterprises, other objects that may negatively affect the state of the fauna and quality of hunting grounds;

solution of other matters within their competence.

Article 8. Powers of regional, district, Kyiv and Sebastopol city state administrations in the area of hunting economy and shooting

The powers of regional, district, Kyiv and Sebastopol city state administrations in the area of hunting economy and shooting include:

provision of implementation of government and regional programs in the sphere of protecting, using and reproducing game animals, development of hunting economy;

setting the limits of using hunting grounds and shooting in accordance with the legislation;

provision of compliance with the requirements of the legislation on hunting economy and shooting;

interaction with local authorities on the issues of hunting economy and shooting;

solution of other matters within their competence.

Article 9. Powers of the Verkhovna Rada of Autonomous Republic of Crimea, regional, district, Kyiv and Sebastopol city councils in the area of hunting economy and shooting

The powers of the Verkhovna Rada of Autonomous Republic of Crimea, regional, district, Kyiv and Sebastopol city councils in the area of hunting economy and shooting include:

approval of respective hunting economy development programs;

solution of issues related to providing the right to use hunting grounds in accordance with the established procedure;

solution of other matters within their competence.

Article 10. Powers of village, town and city councils in the area of hunting economy and shooting

The powers of village, town and city councils in the area of hunting economy and shooting include:

organization and execution of measures related to the protection of state hunting fund, improvement of game animals environment;

solution of issues related to providing the right to use hunting grounds in accordance with this Law;

implementation of other matters within their competence.

Article 11. Public hunting organizations

To satisfy their legal interests in shooting, encourage hunting economy, develop hunting dog breeding citizens may voluntarily unite into public hunting organizations.

 

Chapter III

SHOOTING

Article 12. Right of shooting

Citizens of Ukraine, aged 18 or over, who duly obtained a permission for bagging game animals and other documents, confirming the right to shoot, may have the right of shooting on specifically established hunting grounds.

Shooting with the use of hunting guns shall be allowed only to the persons, who duly obtained a permission issued by an interior affairs body for the right to use this gun.

Phenomena that equal shooting:

Persons being on hunting grounds, including field and forest roads (except public roads), with any hunting guns or with traps and other devices for catching animals and birds, or with hounds or hunting animals and birds, or with shooting production;

Persons being on public roads with shooting production or any assembled uncovered hunting guns.

Article 13. Shooting by foreign citizens

Foreign citizens may shoot on the territory of Ukraine in compliance with this Law. Documents for the right of shooting, issued by the respective governmental bodies of other countries, are valid on the territory of Ukraine.

Conditions of organization and shooting by foreign citizens, the size of fee for the provided services and the bagged shooting products shall be set by the correspondent contracts that shall be entered by foreign citizens or legal entities, that organize shooting for them, and the users of hunting grounds.

Article 14. Documents for the right of shooting

Documents for the right of shooting are:

certificate of hunter;

annual control card for accounting the bagged game and violations of shooting rules with the mark of paying the state duty;

permission for bagging game animals (license, shooting card etc.);

respective permission for the right to use hunting guns;

certificate for hounds, other hunting animals and birds with the mark of admission to shooting during current year in case of their use while shooting.

The hunter shall have the indicated documents during shooting, transporting or carrying the shooting production and provide them upon request of the persons, authorized to control the sphere of hunting economy and shooting.

The certificate of hunter and the annual control card for accounting the bagged game and violations of shooting rules are issued by the specifically authorized central body of the executive power for hunting economy and shooting or its local departments in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

The size of the state duty, and the payments for issuing a certificate of hunter and an annual control card for accounting the bagged game and violations of shooting rules shall be set in compliance with the procedure established in the legislation.

The size of the fee for issuing a certificate of hunter and an annual control card for accounting the bagged game and violations of shooting rules shall be set by the specifically authorized central body of the executive power for hunting economy and shooting under the agreement with the executive power central body for finance.

Article 15. Shooting methods

Shooting may be carried out in the following ways:

Individual shooting;

Group shooting;

Group shooting with beaters (battue shooting).

Shooting may be carried out using:

Hunting guns;

hounds, other hunting animals and birds (provided the availability of certificates for them with the admission to shooting during current year);

nets and traps for catching animals alive;

traps for bagging fur-bearing animals for a scientific purpose and for resettling;

towers;

flavoured non-poisonous baits.

Shooting may be carried out with hunting guns, belonging to another physical person only in his or her presence and provided the hunter and the gun owner have respective permissions, issued by an interior affairs body.

Article 16. Limits of using game animals

Shooting cloven-hoofed animals, common and stone marten, American mink, forest polecat, beaver, free nutria, musk rat, steppe marmot and squirrel shall be carried out in accordance with the limits, approved for the hunting season by the specifically authorized central body of the executive power for environmental protection under the submission of the specifically authorized central body of the executive power for hunting economy and shooting on the basis of propositions of the users of hunting grounds, agreed with local departments of the specifically authorized central body of the executive power for environmental protection in the Autonomous Republic of Crimea, regions, cities of Kyiv and Sebastopol, and by the local departments of the specifically authorized central body of the executive power for hunting economy and shooting.

Shooting other game animals shall be regulated by the quotas of shooting that are set for the hunting season by the specifically authorized central body of the executive power for environmental protection in cooperation with the specifically authorized central body of the executive power for hunting economy and shooting under their submission to the departments in the Autonomous Republic of Crimea, regions, cities of Kyiv and Sebastopol.

Article 17. Permissions for bagging game animals

Bagging game animals shall be made under a permission – a license or a shooting card.

The license allows shooting for wild boar, fallow-deer, red and dappled deer, roe, elk, moufflon, squirrel, steppe marmot, beaver, free nutria, musk rat, common and stone marten, American mink and forest polecat.

The shooting card allows shooting for game bird, European rabbit, European (brown) hare, raccoon dog, wolf and fox.

Bagging wolves shall be also allowed provided the hunter has a license or a shooting card for bagging other game animals.

Licenses shall be issued to hunters by the user of hunting grounds who receives them in the specifically authorized central body of the executive power for hunting economy and shooting or in the body indicated by it.

Shooting cards shall be issued to hunters by the user of hunting grounds.

Licenses and shooting cards shall be issued to hunters indicating their term of validity and the place of shooting taking into consideration the limits of bagging game animals and capability of hunting grounds.

Article 18. Cost of permissions for bagging game animals.

Cost of permissions for bagging game animals shall be set by the specifically authorized central body of the executive power for hunting economy and shooting under the agreement with the executive power central body for finance.

The cost of shooting cards shall be set by the user of hunting grounds under the agreement with the local department of the executive power central body for finance.

Article 19. Terms of shooting

Shooting may be carried out in the following terms:

for great grebe, ducks (except golden-eye, ferruginous Duck , white-headed duck, roody shelduck, shelduck, eider-duck, smew, merganser), bald-coot, water-hen, rail, sandpiper (exceptoyster catcher, stilt, pied avocet, curlew, gull, stone Curlew, black-winged collared pratincole , marsh sandpiper, turnstone, green sandpiper, common sandpiper, wood sandpiper, Kentish plover, little ringed plover, greater sand plover, ringed plover), pigeon (except stock-dove) – in August - December;

for geese: gray, white-fronted, bean – in August - January;

for grey partridge, chukar, pheasant, hazel grouse, black grouse – in October - December;

for quail – in August - October;

for roebuck – from 1 May to December included;

for wild boar, fallow-deer, red and dappled deer, elk, moufflon – in August - January;

for wild sow, doe, hind of red and dappled deer, roe, elk cow and she-moufflon and for fawns for young animals (up to two years) of the above species – in September - January;

for squirrel, free nutria, racoon dog, fox, common and stone marten, forest polecat – from 15 October to February included;
for beaver, musk rat, American mink – from 1 November to February included;

for European rabbit and European (brown) hare- from 1 November to January included;

for steppe marmot – in July – September.

During the hunting season shooting may be carried out all days of week.

Terms of shooting (specific date of opening and closing the shooting for this or that species of game animals, days of shooting) and its procedure are established by the specifically authorized central body of the executive power for hunting economy and shooting under the agreement with the specifically authorized central body of the executive power for environmental protection, with other interested central and local authorities of the executive power, which shall be announced to the users of hunting grounds and public.

Article 20. Prohibitions for shooting

For the rational use of game animals, protection of wild animals, and their environment it is prohibited to:

1) shoot without a respective permission, namely:

without documents, indicated in article 14 of this Law;

shoot the animals that are not mentioned in the permissions for bagging game animals or exceed the quota of these permissions;

2) shoot in prohibited for this places , namely:

on the territories and objects of natural reserve fund, where it is prohibited according to the provisions on them;

on reproduction area;

in settlements (villages, towns, cities), except the cases, established by the resolutions of the Council of Ministers of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils;

on the areas, not mentioned in the permission;

within the distance of less than 200 meters from built-up areas of settlements and detached buildings, where can be people;

3) shooting during the prohibited period, namely:

during the prohibition time for shooting specific animal species;

during the night time (from sunset to sunrise);

4) shooting with the use or application of prohibited tools and in the prohibited ways, namely:

adhesives, loops, undercuts, cuffs, hooks, self-inflicted wounds, pitfall traps;

poisonous and anesthetic baits;

alive blind or crippled animals as baits;

sound-imitating devices and gadgets;

electrical devices for bagging animals;

artificial light sources, devices and appliances for lighting targets, including night viewing equipment;

mirrors and other devices that dazzle animals;

explosive substances;

from coming auto and motor transport, and vessels with working engines;

aircraft and helicopters;

non-hunting (including military) fire guns, pneumatic and other shooting arms, as well as rifled inserts, semi-automatic or automatic guns with magazines for over two cartridges;

destruction of animals’ habitation, beavers’ dams, birds’ nests;

gas and smoke;

flooding burrows of animals;

and also:

for animals that are in trouble (swim across or cross the ice, escape from fires, floods etc.);

for bird-game with rifled fire guns;

for fur-bearing animals (except wolf) with rifled rife guns with the caliber of over 5,6 mm;

for hoofed animals using small-caliber rifles for cartridges of ring charge or ammunitions, charged with case-shot or small-shot;

shooting with hounds, hunting animals and birds without available certificates for them with the admission to shooting;

5) transportation or shipping bagged animals or their parts without a respective mark in the permission for their bagging;

6) admission of hounds on hunting grounds under no one’s supervision;

7) shooting with the violation of the established shooting procedure for a specific territory (region, hunting farm, patrol area etc.);

8) shooting for the animals prohibited for bagging;

9) collecting birds’ eggs, dead animals or their parts, destruction, ruining or damaging man-made nests, solonets, feeding-racks for animals and birds, harvesting forage, hunting towers, directing signs, correspondent inscriptions and other attributes of hunting economy.

Actions, mentioned in points 1-8 of this article, in accordance with the legislation shall be qualified as illegal shooting. Persons, guilty of illegal shooting, shall bear responsibility according to the laws.

 

Chapter IV

MANAGEMENT OF HUNTING ECONOMY AND USE OF HUNTING GROUNDS

 

Article 21. Management of hunting economy

Management of hunting economy shall be carried out by the users of hunting grounds.

It is not allowed to use hunting animals and keep hunting farms without registering respective documents according to the procedure established by this Law.

The conditions of hunting economy management shall be stipulated in the contract, which is to be concluded between local department of the specifically authorized central body of the executive power for hunting economy and shooting and users of hunting grounds.

The form of contract shall be determined by the specifically authorized central body of the executive power for hunting economy and shooting under the agreement with the specifically authorized central body of the executive power for environmental protection.

For the needs of hunting economy the users of hunting grounds are entitled, according to the established procedure, under the agreement with the owners or users of land plots,build necessary constructions and biotechnical facilities on hunting grounds, grow there forage crops, create protection plantations, make artificial irrigation, take other measures, related to hunting economy management that do not contradict the legislation and interests of the owners or users of land plots.

Relations between the owners or users of land plots and the users of hunting grounds shall be regulated by respective contracts.

Article 22. Procedure of providing the right to use hunting grounds

The right to use hunting grounds for hunting economy management is given by the Verkhovna Rada of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils under the submission of a local department of the specifically authorized central body of the executive power for hunting economy and shooting, agreed with the Council of Ministers of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city state administrations, local department of the specifically authorized central body of the executive power for environmental protection, and with the owners or users of land plots and the users of land plots.

Hunting grounds shall be given in use for the term of at least 15 years.

The area of hunting grounds, given to the user, must equal at least 3 thousand hectares, but not more than 35 percent of the total area of hunting grounds of Autonomous Republic of Crimea, region and city of Sebastopol.

Privileged right to use hunting grounds belongs to:

Owners and regular users of land plots;

Users of hunting grounds, who prolong the term of using these grounds.

Article 23. Termination of the right to use hunting grounds

The right to use hunting grounds shall terminate in case of:

use term expiration;

voluntary refusal from using;

termination of the activities of legal entities that had hunting grounds in use;

systematic non-fulfilment of obligations as to protection and reproduction of game animals, obligations, stipulated in the contract between the user of hunting grounds and the owner (user) of land plots or the local department of the specifically authorized central body of the executive power for hunting economy and shooting;

deterioration of the quality of hunting grounds caused by their user;

in other cases, provided in the legislation.

Decision on the termination of the right to use hunting grounds, except the case of use term expiration, shall be made under the statement from local department of the specifically authorized central bodies of the executive power for hunting economy and shooting or for environmental protection by the same bodies, that are responsible for granting the right to use hunting grounds.

Article 24. Fee for the use of hunting grounds

The use of hunting grounds is paid.

The size and the procedure of paying for the use of hunting grounds shall be stipulated in the contract between the user of hunting grounds and the owner or permanent user of land plots, where these grounds are situated.

The size of the fee for the use of hunting grounds shall be set depending on their location, nature quality and other factors.

Article 25. The due for the use of game animals as the natural resource of national importance

For the use of game animals as the natural resource of national importance users of hunting grounds shall pay a due.

The due for the use of game animals as the natural resource of national importance shall not be collected in case of:

using the animals for the purposes, provided by articles 32 and 33 of this Law;

bagging the animals that are not in public property.

The size of the due for the use of game animals as the natural resource of national importance shall be set for specific species (groups of species) of animals depending on their spread, quantity, reproducing capability and the volume of bagging.

The order of collecting and the size of the due for the use of game animals as the natural resource of national importance shall be set by the Cabinet of Ministers of Ukraine.

Article 26. Distribution of funds from collecting the due for the use of game animals as the natural resource of national importance

The funds from collecting the due for the use of game animals as the natural resource of national importance shall be transferred at the rate of 50 percent to the state budget and 50 percent – to the republican budget of Autonomous Republic of Crimea, budgets of regions, cities of Kyiv and Sebastopol.

The funds from collecting the due for the use of game animals as the natural resource of national importance, received by the republican budget of Autonomous Republic of Crimea, budgets of regions, cities of Kyiv and Sebastopol, shall be distributed between the local budgets of different levels respectively by the Verkhavna Rada of Autonomous Republic of Crimea, regional, Kyiv and Sebastopol city councils.

Article 27. Protection and reproduction of game animals

To protect and reproduce game animals the users within the limits of their hunting grounds allocate at least 20 percent of the grounds area, where shooting shall be prohibited.

The procedure of determining the territory for this purpose shall be established by the specifically authorized central body of the executive power for hunting economy and shooting.

The users of hunting grounds shall implement a complex of biotechnical and other measures, aimed at protecting and reproducing game animals, maintaining and improving their environment.

Article 28. Arrangement of hunting grounds

The users of hunting grounds shall provide the arrangement of hunting grounds, given to them in use.

The procedure of arranging the hunting grounds shall be established by the specifically authorized central body of the executive power for hunting economy and shooting under the agreement with the specifically authorized central body of the executive power for environmental protection.

Article 29. Game-keeping service

To protect hunting grounds the users of the grounds establish the game-keeping service on the basis of at least one game-keeper per 7 thousand hectares of forest and 10 thousand hectares of field or water and marsh hunting grounds.

Article 30. Rights and responsibilities of the users of hunting grounds

The users of hunting grounds shall be entitled to:

use the state hunting fund on the area of hunting grounds;

use game animals and hunting grounds in accordance with the established procedure;

handle game animals bagged or obtained in another legal way, and the receipts from their sales;

organize shooting for hunters;

receive the compensation of the value of buildings, facilities and other property, belonging to them as property, in case of passing the right to use hunting grounds from them to other users.

The users of hunting grounds shall undertake to:

comply with the established rules, quotas, limits and terms of bagging game animals;

take biotechnical measures, allocate hunting grounds for protecting and reproducing game animals, determine the capability of the hunting grounds and provide the arrangement;

rationally use the state hunting fund, eliminate worsening of environmental situation on hunting grounds;

carry out primary accounting of the quantity and bagging of game animals, study their condition and characteristic of the grounds, and in accordance with the established procedure submit this information to the authorities, carrying out public accounting of the quantity of animals and accounting of their bagging, keeping the state cadastre and monitoring of fauna;

promptly inform local departments of the specifically authorized central body of the executive power for environmental protection, the specifically authorized central body of the executive power for hunting economy and shooting, veterinary, sanitary and epidemic services of detecting the cases of animal diseases, deterioration of their environment, emergence of the threat of destroying and killing animals, take complex measures as to diseases prevention and struggle;

complying with the veterinary and sanitary requirements equip the areas for the treatment of shot game and provide carrying out veterinary and sanitary expertise of the game, intended for the use as food, by representatives of the bodies of the state veterinary medicine;

protect the state hunting fund, establish game-keeping service;

comply with the mode of protecting animals, registered in the Red book of Ukraine and included into the list of animals species that are liable for special protection on the territory of Autonomous Republic of Crimea and regions, within the limits of the hunting grounds in use;

eliminate uncontrolled migration or acclimatization of animals;

not admit to shooting the hunters whose quantity exceeds the capability of hunting grounds;

take complex measures, aimed at reproduction, including the artificial one of game animals, maintaining and improving their environment, annually invest the funds into their protection and reproduction on the basis of at least six not taxable minimum incomes of citizens per 1 thousand hectares of forest grounds, four minimum incomes for field grounds, and two minimum incomes for water and marsh hunting grounds;

independently terminate the use of game animals in case of worsening their condition and living conditions, decreased preproduction ability and emergence of a threat of destruction of animals, promptly take measures to remove negative factors affecting the animals and their environment;

freely allow the representatives of the authorities carrying out governmental control of hunting economy and shooting to the inspection of conditions of hunting grounds, all the objects, where the game animals are kept, processed and sold, timely meet their legal requirements.

In case of non-fulfilling or violating by the user of hunting grounds the above requirements the specifically authorized body of the executive power for hunting economy and shooting or the specifically authorized body of the executive power for environmental protection may warn the user of the necessity to eliminate the violations within the set period or prohibit the use of the state hunting fund on the grounds of this user for the period of up to three years.

The users of hunting grounds may have other legally provided rights and responsibilities as to the use of game animals and hunting grounds.

Article 31. Guarantees and protection of users of hunting grounds

The rights of the users of hunting grounds are protected by law.

Termination of the right to use the state hunting fund or the right to use hunting grounds may occur only in the cases, provided by article 23 of this Law.

Provided the early termination of the right to use hunting grounds is not initiated of caused by their user, he or she shall be indemnified the expenses for complex measures taken during last three years, and aimed at the protection and reproduction, including artificial one of game animals, improvement of the animal environment, as well as the full value of works on the latest arrangement of these grounds.

The abovementioned expenses shall be indemnified by the new user of these grounds or by the governing body that made this decision.

The violated rights of the users of hunting grounds shall be renewed in full.

The renewal of the violated rights of the users of hunting grounds shall be carried out by the councils, local state administrations in accordance with their competence, court or arbitrage.

Article 32. Selective and spot diagnostic shooting of game animals for veterinary and sanitary expertise

Selective and spot diagnostic shooting of game animals for veterinary and sanitary expertise shall be carried out regardless the terms of hunting season officers, authorized to protect hunting grounds, under the agreement with the specifically authorized central body of the executive power for hunting economy and shooting, and on the territory and objects of natural reserve fund – under the agreement with the local department of specifically authorized central body of the executive power for environmental protection, upon a written request of the user of hunting grounds.

The shooting of game animals in the detected by the veterinary service nidi of rabies and other dangerous diseases shall be carried out in compliance with the legislation on veterinary medicine.

Selective and spot diagnostic shooting of game animals for veterinary and sanitary expertise shall be carried out in accordance with the limits of their bagging.

The animals, bagged during the hunting season, shall be considered bagged within the limit of this hunting season, while the animals, bagged during the off-season, - within the limit of the following hunting season.

Article 33. Shooting and catching predators and injurious animals, bagging game animals for scientific purposes, resettlement to new places of residence

Shooting and catching wolves, stray dogs and cats, hooded crows, magpies, rooks shall be carried out by hunters under the permission of the user of hunting grounds while shooting for other game animals.

Shooting and catching he above animals, and also wolves and foxes during the off hunting season or in the places prohibited for shooting shall be carried out by hunters under trhe permission of the local department of the specifically authorized central body of the executive power for hunting economy and shooting, and on the territories and objects of natural reserve fund – under the permission of the local department of the specifically authorized central body of the executive power for environmental protection, upon a written request of the user of hunting grounds.

Local departments of the specifically authorized central body of the executive power for hunting economy and shooting and he users of hunting grounds may provide the hunters who bag the aforesaid animals free of charge with cartridges and other necessary equipment, establish respective benefits and privileges for them.

Bagging wolves, foxes, stray dogs and cats, hooded crows, magpies, rooks and jays belongs to the job responsibilities of the officers, authorized to carry out the protection of hunting grounds.

Bagging foxes and racoon dogs around the year in the places of intensive rearing small game shall be carried out by the officers, authorized to protect hunting grounds, under the permission of the local department of the specifically authorized central body of the executive power for hunting economy and shooting, and on the territory and objects of natural and reserve fund – under the permission of the local department of the specifically authorized central body of the executive power for environmental protection, upon a written request of the user of hunting grounds.

Bagging game animals for scientific purposes, resettlement to new places of residence, and collecting birds’ eggs shall be carried out under permissions of the specifically authorized central body of the executive power for environmental protection, duly issued by it.

Article 34. Preparation and use of hounds, other hunting animals and birds for shooting.

Training, preparing for overtaking, drilling, field tests and competitions of hounds shall be carried out in separate areas, allocated for this purpose by the user of hunting grounds, during the period, established by the specifically authorized central body of the executive power for hunting economy and shooting.

Thoroughbred dogs, that are under no one’s supervision, detected on the hunting grounds shall be caught, which shall be announced in writing to district and regional organizations, registering correspondent dog breeds. Out-bred dogs may be shot.

The caught dogs shall be kept by the user of hunting grounds, where they were caught, or by the person, who caught and keeps them.

The dog owners undertake to indemnify the expenses for the temporary keeping their dogs.

The dog owners, that allowed them to run under no supervision on the hunting grounds, shall bear responsibility as trespassers of shooting rules and shall indemnify the user of hunting grounds for the respective damages.

The owner must have a certificate with a mark of admission to shooting in the current year for hounds, other hunting animals and birds, that are used for field tests or shooting.

The form of the certificate, procedure of its issuance, as well as the way of keeping stud books for hounds shall be established by the duly authorized bodies in accordance with the legislation.

The hunting animals and birds shall be given certificates only basing on the duly registered documents, confirming the legality of purchasing these animals.

Article 35. Shooting production, hunting trophies

Bird game and fur-bearing animals, and by-products of hoofed animals, bagged by a hunter during shooting in accordance with the procedure established by this Law, are the hunter’s property.

Skins, meat, horns and fangs of hoofed animals, bagged in while shooting, and also alive caught animals shall be handed over to the user of hunting grounds.

The participants of shooting have the privilege to purchase these products.

Herewith the meat of hoofed animals may be sold to the participants of shooting with a discount of up to 30 percent (hunter’s share).

Collected shed antlers of fallow-deer, deer, roe, elk, dead animals or their parts, and caught ill or injured alive animals are liable to compulsory handing over to the user of hunting grounds.

The user of hunting grounds under the permission of the bodies of the state veterinary medicine shall be entitled to independently sell the aforesaid shooting production (including hunting trophies) or process it provided the availability of documents, certifying the legality of its obtaining, according to the procedure established by law.

Shooting production (including hunting trophies) that is kept by legal entities and physical persons without documents, certifying the legality of its obtaining, or the production, bagged with violations of shooting rules, shall be considered illegally bagged.

Hunting trophies, obtained from the bagged hoofed animals, are liable to compulsory registration by the user of hunting grounds with making up a respective trophy letter indicating the place, time of their obtaining, assessment of the trophy quality.

The procedure of registration of hunting trophies, form and procedure of issuing trophy letters shall be set by the specifically authorized central body of the executive power for hunting economy and shooting under agreement with the specifically authorized central body of the executive power for environmental protection.

Article 36. Receipts from hunting economy

Funds received from licenses and shooting cards to hunters for bagging game animals, shooting production (including alive game animals), provision of services, other receipts from hunting economy shall be credited to the accounts of the users of hunting grounds.

The users of hunting grounds shall receive from the specifically authorized central body of the executive power for hunting economy and shooting or the body determined by it paid licenses for bagging wild boar, fallow-deer, red and dappled deer, roe, elk, moufflon, squirrel, steppe marmot, beaver, free nutria, musk rat, common and stone marten, American mink, forest polecat; the license fee shall be set under agreement with the central body of the executive power for finance.
The funds from licenses to the users of hunting grounds, and from issuing certificates of hunter and annual control cards for accounting bagged game and violations of the shooting rules shall be credited to the account of the specifically authorized central body of the executive power for hunting economy and shooting and shall be used for protecting and reproducing the state hunting fund.

The above funds shall be included into the budget of receipts and expenses of the specifically authorized central body of the executive power for hunting economy and shooting, and the volume of its financing from the State budget of Ukraine shall be reduced by this amount.

 

Chapter V

CONTROL OVER SHOOTING AND HUNTING ECONOMY MANAGEMENT

 

Article 37. The state control over hunting economy and shooting

The state control over hunting economy and shooting shall be carried out by the Cabinet of Ministers of Ukraine, specifically authorized central body of the executive power for hunting economy and shooting, specifically authorized central body of the executive power for environmental protection, their local departments, local state administrations, and other government bodies in accordance with the legislation.

Article 38. Public control over shooting

Public control over shooting shall be carried out by public inspectors of environmental protection and public hunting inspectors.

The powers of public inspectors of environmental protection shall be determined by the provisions, approved by the specifically authorized central body of the executive power for environmental protection in accordance with legislation.

The powers of public hunting inspectors shall be determined by the provisions, approved by the specifically authorized central body of the executive power for hunting economy and shooting in accordance with legislation.

Article 39. The rights of officers, authorized to control the hunting economy and shooting.

The officials of the specifically authorized central body of the executive power for environmental protection, specifically authorized central body of the executive power for hunting economy and shooting and their local departments in accordance with the legislation are entitled to:

1) give binding recommendations (instructions) on the elimination of violations of the requirements of this Law;

2) check documents for the right to shooting and bagging game animals for other purposes, stop vehicles (and vessels) and examine them and baggage, shooting equipment, bagged products and other objects;

3) take the persons, having violated the requirements of this Law, to the bodies of interior affairs, self-governing bodies;

4) withdraw the devices of bagging animals, vehicles (and vessels), equipment and objects that served the devices for violations, illegally bagged animals and other shooting products, as well as the respective documents from the persons, having violated the shooting rules;

5) take photographs, audio records, film- and video- recording as additional measures for preventing and detecting the violations of the shooting rules and other requirements, provided in this Law;

6) make up protocols on violating the shooting rules, or other requirements set in this Law;

7) freely visit enterprises, institutions and organizations, which carry out bagging, keeping, storing or processing game animals, territories and objects of natural reserve fund for executing the control over compliance with the requirements of the legislation on fauna protection, hunting economy management and shooting;

8) terminate or stop shooting and other activities that violate the requirements, set in this Law;

9) determine the amount of losses, caused to the hunting economy, based on the approved rates and techniques;

10) being on duty, use the thumbed transport and communication means, belonging to the user of hunting grounds;

11) cancel the permissions issued by them to shooting and bagging game animals for other purposes, and for resettlement or semi-free conditions of these animals;

12) call for the officials, citizens of Ukraine and foreigners to give oral or written explanations in conjunction with the violations of the requirements of this Law by them;

13) check and receive free of charge from legal entities and physical persons the documents for keeping hunting economy, hunting dog breeding, bagging, keeping, storing, processing and selling game animals and shooting production;

14) consider in accordance with the legally established procedure the cases of administrative violations, related to bagging game animals, violations of the requirements as to hunting economy management, including the use of hunting grounds, and apply administrative penalties;

15) encourage and provide material and technical basis for the activities in accordance with the legally established procedure;

16) take other actions in compliance with the legislation of environment and fauna protection.

The rights, set in points 2-6 of this article, also apply to the game-keepers and officials of the users of hunting grounds, authorized to protect the state hunting fund. The rights, set in points 2, 3, 5, 6 of this article, also apply to the public inspectors of environmental protection and the public hunting inspectors. The rights, set in points 2-6, 14 of this article, also apply to the public district hunting experts, chief foresters, foresters, chief hunting experts and the hunting experts of public forest farms, other public forestry enterprises, as well as to the public forest hunting and public hunting enterprises.

The officials of specifically authorized central body of the executive power for environmental protection, specifically authorized central body of the executive power for hunting economy and shooting, their local departments, the officials of the users of hunting grounds, authorized to protect the state hunting fund on duty, as well as public inspectors of environmental protection and the public hunting inspectors during raids, related to the protection of the state hunting fund, may be on the territory of hunting grounds with guns (departmental or personal) regardless the perm of shooting provided they have an identification document and the permission of the interior affairs body to use these guns.

Article 40. Legal and social protection of the officers, authorized to control hunting economy and shooting

The officers of the specifically authorized central body of the executive power for environmental protection, specifically authorized central body of the executive power for hunting economy and shooting, their local departments are liable to compulsory state personal insurance at the expense of the funds of the state budget in case of death for the amount of ten-year salary of the last position they took, and in case of an injury, concussion, trauma or crippling, disease or disability, which occurred in conjunction to performing their job responsibilities, - for the amount from six-month to five-year salary of the last position depending on the rate of losing the ability to work.

In case of death of an official of the specifically authorized central body of the executive power for environmental protection, specifically authorized central body of the executive power for hunting economy and shooting, their local departments, an official of the user of hunting grounds, authorized to protect the state hunting fund, in conjunction to performing their job responsibilities, the families of the decedent or his or her dependants shall be paid one-time allowance in the amount of the decedent’s ten-year salary of the last position, that he or she took, at the expense of the state budget with the further charge of this amount from the guilty persons.

In case of causing injures to an official in conjunction with his or her performance of the job responsibilities that prevent him or her from further professional activities, this person shall be paid one-time allowance in the amount of five-year salary of the last position, that he or she took, at the expense of the state budget with the further charge of this amount from the guilty persons and, in accordance with the procedure, he or she shall be given a disability pension.

In case of causing injures to an official in conjunction with his or her performance of the job responsibilities that do not prevent him or her from further professional activities, this person shall be paid one-time allowance in the amount of one-year salary at the expense of the state budget with further charge of this amount from the guilty persons.

The damage, caused to the property of the official or his or her family in conjunction with his or her performance of the job responsibilities, shall be paid fully at the expense of the state budget with further charge of this amount from the guilty persons.

Annual salary of an official that is taken for calculating one-time allowance, shall include all the payments received by the official person while working in the last position during the year that preceded the year of death or injury.

Article 41. Encouragement of persons, authorized to control hunting economy and shooting

Encouragement of the persons, authorized to control hunting economy and shooting, shall be carried out in accordance with the laws of Ukraine "On environmental protection" and "On fauna".

The persons, who detected and withdrew illegally bagged shooting production, may be given as a bonus up to 50 percent of the meat of hoofed animals free of charge,and also bird game, European rabbits, European (brown) hares and the meat of other edible fur-bearing animals.

 

Chapter VI

LIABILITY FOR VIOLATING LEGISLATION ON SHOOTING AND HUNTING ECONOMY

 

Article 42. Liability for violating legislation on hunting economy and shooting

Violations of legislation on hunting economy and shooting entail disciplinary, administrative, civil or criminal liability in accordance with the legislation of Ukraine.

The liability for violating the legislation on hunting economy and shooting shall apply to the persons, guilty of:
violating the right of state property for game animals;
violating the shooting rules and using game animals otherwise;

exceeding the limits and quotas of the special use of game animals;
use of hunting grounds for unspecified purposes;

violating the requirements as to the protection of game animals environment;

violating the rules of keeping game animals in captivity or in semi-free conditions;

manufacturing, selling and applying prohibited devices for bagging animals;

selling illegally bagged shooting production;

resettling, acclimatization and interbreeding game animals without permission or violating the established procedure;

non-submitting according to the established procedure or concealing, garbling the information on the state, quantity and volumes of bagging game animals;

non-taking measures as to prevent the death of game animals, worsening of their environment;

violating the requirements as to the use of hunting grounds, worsening their condition;

violating the procedure of purchasing or selling, illegal sending, importing to Ukraine and exporting from it game animals and other shooting production, including hunting trophies.

The laws of Ukraine may also set the liability for other violations of legislation on hunting economy and shooting.

Bringing the trespassers to account shall not free them from the obligation to pay the damages, caused by violations of the legislation on hunting economy and shooting.

Illegally bagged game animals or products made from them, as well as instruments of law violations shall be liable to confiscation, according to the legally established procedure.

In case of withdrawing illegally bagged or otherwise obtained alive game animals the measures of their protection and, if possible, the return to the natural environment shall be taken.

Article 43. Payment of damages, caused by violations of the legislation on hunting economy and shooting

Payment of damages, caused by violations of the legislation on hunting economy and shooting shall be made voluntarily or under a court decision in accordance with the legislation at the legally established rates.

The rates for calculating the amount of payment of the damages, caused by violations of the legislation on hunting economy and shooting, shall be approved by the specifically authorized central body of the executive power for environmental protection and the specifically authorized central body of the executive power for hunting economy and shooting under agreement with the executive power central body for finance.

In case it is impossible to withdraw the illegally bagged shooting production (if it has been used by the trespasser for his or her personal purposes or due to his or her fault has become useless) the trespasser shall compensate its value, which shall be calculated basing on market prices for meat, skin, fur and other raw materials of the highest quality, existing at the time of indemnification, in the following weights (minimum):

bison: meat - 300 kilograms, skin - 50 kilograms;
elk: meat - 130 kilograms, skin - 30 kilograms;

red deer: meat – 80 kilograms, skin – 20 kilograms;

dappled deer: meat – 50 kilograms, skin – 15 kilograms;

wild boar: meat - 60 kilograms, skin - 10 kilograms;

fallow deer: meat - 40 kilograms, skin - 5 kilograms;

roe, moufflon: meat - 15 kilograms, skin - 3 kilograms;

bear: meat – 100 kilograms, skin - 250 square decimetres;

beaver: meat - 5 kilograms;

European (brown) hare, steppe marmot, free nutria: meat - 3 kilograms;

swan, bustard: meat - 5 kilograms;

wood grouse, geese: meat - 3 kilograms;

black grouse, pheasant, European rabbit: meat - 1 kilogram;

ducks, bald-coot: meat - 0,5 kilogram;

other small bird game: meat - 0,3 kilogram.

 

Chapter VII

FINAL PROVISIONS

1. This Law shall become effective from the date of its publication.

Article 24 of this Law shall become effective from 1 January 2010.

2. The Cabinet of Ministers of Ukraine within six months from the effective date of this Law shall:

submit to the consideration of the Verkhovna Rada of Ukraine suggestions regarding the compliance of the legislative acts of Ukraine with this Law;

comply its regulations with this Law;

in accordance with the competence provide the adoption of regulations, indicated in this Law;

ensure the review and cancellation by the ministries and other central bodies of the executive power of regulations, contradicting this Law.

 

President of Ukraine L. KUCHMA

Kyiv, 22 February 2000
N 1478-III


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