Dmitry B. Gorokhov1, Anar A. Mukhasheva2, Natalia A. Shingel3
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, julia7709@ yandex.ru, https://orcid.org/0000-0003-0973-6527
2L. N. Gumilyov Eurasian National University, Nur-Sultan, Kazakhstan, email@example.com, https://orcid.org/0000-0002-6147-060X
3Belarusian State University, Minsk, Belarus, firstname.lastname@example.org
Abstract. One of the main goals of the Treaty on the Eurasian Economic Union (EAEU) is to harmonize and unify the legislation of the member States of this Union, to establish similar mechanisms of legal regulation to ensure the freedom of movement of goods, services, capital and labor, and to conduct a coordinated or unified economic policy. A necessary condition for this is the absence of inconsistencies and contradictions in the national legislation in each of the States parties to the Treaty and members of the Union, which makes it urgent to conduct comprehensive comparative legal studies.
Unlike other environmental and legal problems, the state of scientific development of hunting legal regulation and conservation of hunting resources in the EAEU member states and the degree of study of the relevant legal regimes by lawyers are clearly insufficient. The article presents the results of a comprehensive study of the legal regimes of hunting in the three EAEU states, aimed at forming common scientific and doctrinal views justifying the need for harmonization and unification of legislation, establishing similar, comparable mechanisms of legal regulation in the field of hunting and conservation of hunting resources in the EAEU member states.
The formal-legal and comparative-legal methods of research are applied.
The results of the study: currently, harmonized legal norms and terminology are applied in Russia, Belarus and Kazakhstan, similar mechanisms of legal regulation of relations arising in connection with the implementation of activities in the field of hunting are established, comparable legal regimes are in place to ensure respect for human rights and human safety, the use and protection of wildlife objects (hunting resources) and their habitat. A negative trend common to the three countries was noted — the deviation of legal regulation in the field of hunting and hunting management from the public-legal sphere to the private-legal one, which calls into question the observance of the principle of priority of public interests in nature management and environmental protection.
Keywords: Eurasian Economic Union, legal regime, hunting and hunting economy, objects of the animal world, hunting resources, hunting grounds
For citation. Gorokhov D. B., Mukasheva A. A., Shingel N. A. Legal Regimes of Hunting in Russia, Belarus and Kazakhstan. Journal of Foreign Legislation and Comparative Law, 2021, vol. 17, no. 4, pp. 110—126. (In Russ.) DOI: 10.12737/jflcl.2021.045