Protected Areas of Rare Species of Birds` Breeding Ground: Peculiarities of Legal Regulation in Ukraine

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.