The «horn» № 21 in the article SY Fokin’s «The season is over. Postscript «was raised by eternal problem of difficult relations with the decoy hunters in the spring season and samotopschikov who walk along the ditches, banks of swamps, firing indiscriminately in flight.
Photo by Dmitry Schanitsyna
Back to article: «The season is over. P.S»
A well-known fact that hunters are always running on the duck hunters interfere with the stool pigeon, but in past years it does not turn into a significant problem. However, in recent years, a factor of running incredibly hunts grew up, became popular and has become a global problem, threatening to close the spring hunting. A lot of sensible hunters, after watching this chaos, saying that nothing can be done, it is necessary to close the spring hunting» (SY Fokin, «HORN» Number 21). Opinion hunters — let them close, because all the same will not normally hunt, it shows that we have come to the very edge of the abyss.
In the age-old question of who is to blame, should be answered — Law «On the hunt…».
It is ironic, but we got a problem generated by the industry legislation. That is the law № 209-FZ, the foundation has created anarchy and ungovernability.
Now the industry is facing the necessity to solve the triple objective of: a) the qualification training, b) the regulation of hunting, c) production control. And Law «On the hunt…» this will be discouraged. What is the industry doing the law is wrong, and where to wine?
Our lawmakers in the preparation of sectoral laws have created two sterile hybrid, put an end to the progressive development of hunting.
The first hybrid — permission for extraction. Scratch ticket with the license, where the regulation of bargain hunting combined with the provision of the right to hunt. The second hybrid — gosohotbilet where qualification preparation, again linked to the granting of the right to hunt.
Permits for extraction and gosohotbileta should not be in the hunt at all, and they urgently need to get out of the hunting legislation. They are the foundation of anarchy and lawlessness prevailing in the grounds.
The basis of the resolution on the principle of production — paid for the permit, go hunting. In practice this means. We will provide the right to hunt, and you are there in the hunting grounds, with the other hunters with similar permissions themselves somehow soorganizuytes. Like the concert in the auditorium, we let you, and there find the place to ourselves.
Soorganizovatsya other hunters do not always get. On this occasion, Fokine quote SY .: «You understand how to get positive emotions here, hunting with decoy, when you put all the rules undistinguished hut…, Planted in advance vyzarennaya decoy exhibited stuffed. And here… There are ditches, banks of swamps, firing indiscriminately … When you talk with spring «palil»Usually hear in response: «I paid the money, so shoot what I want».
Principle «I paid for permission to go and prey Hunt» extremely harmful. Hence taken «I go where I want to shoot someone I want». Resolution extraction — paper coming off the path to anarchy and lawlessness in the land. There are no hunt inspectors and heavy fines will not correct the situation.
The real solution to the mining rights — great evil in hunting, and not just because of the fact that disables constraints and is the beginning of chaos and lawlessness, but in the legal aspect.
Permit (license), supposedly provides the right to hunt in my country, does not fit any faunal Act «On Wildlife» № 52-FZ, nor the Constitution of the Russian Federation.
1. Hunting Resources — part of the animal world (Art. 11 209-FZ). Law «On Wildlife» fauna refers to the property of the people. The owner of Hunting Resources — people, hunters (co-owners). Permits for the use of the property does not exist.
A similar example. In life we are all owners of any property. Now imagine that you, the owner of any domain, and even offer to purchase a permit (license) for the right to use your property. All is well aware that permission for the use of the property does not exist.
Hence, the response will be appropriate. Similarly, there can be a permit (license), the right to use public property, — hunting resources?
2. With regard to the Constitution, the situation is as follows. Mining rights (hunting) gives us not permit the extraction and Law «On the hunt…»And the Constitution of the Russian Federation. Specifically… Hunting resources are natural resources (see. Number 52-FZ). The Russian Constitution, the right to use natural resources (in this case the mining right, the right to hunt) refers to the fundamental rights to the basics of life and activity of the peoples living on their respective territories» (v. 9, p. 1). Hence, according to the Constitution, the right to hunt, as the type of use by natural resources: a) belong to everyone from birth (v. 17, n. 2), b) is directly applicable (Art. 18), c) inalienable (Art. 17 § . 2).
In the context of civil law permit the extraction does not have and can not have any relation to hunting. This government document must be issued in order to address specific problems of the state, when it is necessary to obtain a Red individual species or to shoot a certain number of individuals in the closed periods for hunting.
Good hunting can be only when you are not to disturb anyone, and no one bothers you. What to do? The issue lies in the plane: a) the regulation of hunting, b) production control. State participation and presence is not required at all, or it should be minimal.
1. It is necessary to revive the hunting trips with specific hunting areas. Provide specific hunting grounds is a service of commercial services. Permit (license) for extraction it does not fit perfectly, and she does not belong here.
2. Without a doubt, it is necessary to establish control in the grounds. The Minister of Finance informed us that revenues are reduced, it is necessary to save. Hence, I believe that the answer to the question, where the ranger and where these mythical three gosohotinspektora to the area, will have to wait even a very long time.
What to do? «I remember my father told me, in 60 years of public inspectors were called hunters «controllers». But then they do not just check the tickets and vouchers, as well as the protocols were». (SY Fokin «HORN» Number 21, 2015).
What now? The sectoral legislation production control is indicated, but there is no mechanism for its implementation, namely Protocol No production control. Jaegers deprived of the minutes and must maintain control by guards gardens. Something like that — shoo, go away, I have to write a statement to the police. Such control will not do.
Where is the exit? We need a mechanism for production control. Ohotdepartamentu need to agree on and adopt the form industrial control protocol. The employees of public organizations and hunting farms have no posts to write that to initiate the proceedings, require the preliminary investigation, and to prepare and send protocols of production control, which are designated and documented violations, families of offenders and spend enough evidence base to start production case.
State hunting license was first designated July 20, 1920 in paragraph 6 of the Decree «On the hunt»I quote: «Certificate for the production of hunting on the entire territory of the RSFSR membership cards are hunting unions registered in the People’s Commissariat of Agriculture, and in areas where there are no unions, hunting tickets issued by agencies of the Commissariat of Agriculture».
Who specifically developed decree unknown. History has preserved the names of only those who signed it. Chairman of the Council of People’s Commissars, Vladimir Ulyanov (Lenin) and Managing Director of the Council of People’s Commissars Vladimir Bonch-Bruevich.
Decree «On the hunt» ohotbilet designated as the license for the right to hunt, while primary hunting tickets ohotbiletami recognized unions. Ohotbilet People’s Commissariat of Agriculture (gosbilet) was secondary and was issued only where there was a hunting unions and there was no one to give ohotbilety.
Currently, any ohotbilet, both state and non-state, act of hunting certificates can not. Since, according to the Constitution, the right to hunt a) belongs to everyone from birth (v. 17, n. 2), b) it is directly applicable (Art. 18)) is inalienable (art. 17, para. 2). In modern conditions ohotbilet can act only as a qualification certificate amateur hunters.
However, the law «On the hunt» It does not determine the legal status of the federal hunting permit single sample (OBEFO). Painted the procedure for the issuance and cancellation of gosohotbileta, but not defined nor the status of the document or the purpose for which it generally is. No registration in the public register of the ticket is invalid ohothozyaystvennom (Articles 21.5, 20.1).
In our service area Kirov state hunting register is not created, hence ohotbilety register is simply nowhere. Why do they give out when they are not valid without registration (Articles 21.5 and 20.1 № 209-FZ), I totally understand.
When issuing the ticket (Art. 21.7), read by hand with ohotminimumom. Marks on the qualification training, in particular to surrender ohotminimuma ticket does not contain, hence it can not be a qualification certificate hunter.
This qualification training method «introduce by hand» It raises many questions. Gosohotbilety issue, but there is a big question, and in fact, what with what ohotminimumom be available on receipt applicants for gosohotbileta. Ohotminimum as the manual is not designed and is not printed. But ohotbilety issue.
What introduced by hand? With that, what is not? Deceit and profanity at the state level. Upon receipt gosohotbileta no qualification training of hunters is not in sight, from here and taken ohotnichki that is considered normal in the spring to get a duck (female). With this qualification training can not be released into the grounds.
Ideally, of course, it had to announce a tender for the writing of a textbook «Ohotminimum» and to issue it a million copies. It is ideally as a last resort approve rosohotsoyuzovsky ohotminimum as a mandatory state. To approve the list of questions to test approximately 120 and 40 examination tickets with questions.
Approve the list of the hunting organizations who have the right to receive ohotminimumov and issue the appropriate hunting license with a mark of surrender ohotminimuma. State as soon as possible to distance themselves from the issue of the so-called gosbileta (OBEFO).
At the time, AA Ulitin decree of the Supreme Soviet of Russia VS Chernomyrdin rosohotrybolovsoyuzovsky ohotbilet equated to the state. Currently, the Ministry of Environment of the order is sufficient for this.
Our officials of the hunt tend to «be for each barrel spigot», Grasping at all, but because it did finish well before the end can not.
Leonid Grudnev6 July 2015 at 06:48