Legal nature of contracts in the sphere of wildlife utilization (on the example of the hunting management agreement)
Recently, increasing interest in the issues of environmental protection and rational use of natural resources has become topical in scientific and practical circles. In this regard, the need for a deeper understanding of the legal nature of the hunting management agreement becomes especially necessary. The relevance of the study of the legal nature of hunting management agreement is related to a number of factors reflecting the complex and multilateral nature of the interaction between hunting, economy, and environmental protection. Modern society is facing increasing environmental challenges, including biodiversity loss, environmental disasters and climate change. In this context, the legal mechanisms governing hunting require careful reflection and rethinking in order to ensure sustainable utilization of natural resources. The aim of this article is to explore the hunting management agreement as a specific instrument of legal regulation, which provides a balance between economic interests and biodiversity protection. When writing the article, the authors used scientific works on the issues of the legal nature of hunting management agreement. The basis of the study was the norms of the current legislation on hunting, as well as judicial practice, which allows identifying relevant problems arising in the application of the norms on hunting management agreements in practice. The methodological basis is represented by individual philosophical, general and special scientific methods of research. The research is based on the study of legal relations, the balance of interests of nature and society, the needs of the population as legal values and ideals. In the course of the study, the authors applied concrete-historical, logical methods, analysis and synthesis. The article analyzes various points of view on the issue of the legal nature of the hunting management agreement and concludes that this agreement should be attributed to a public contract. The agreement on the transfer of rights to use hunting resources, although it includes mutual obligations between the hunting user and state authorities, cannot be considered as a civil law contract. The rights and obligations of the parties to this agreement are determined by the current legislation and relate to the interaction between the authorities at the level of the subjects of the Russian Federation and hunting users. Hunting agreements serve as a basis for the implementation of the state policy in the field of environmental protection. The absence of clearly formulated norms in the Law on Hunting, regulating the procedure and justifications for making changes to hunting agreements, often leads to legal uncertainty, thereby reducing the effectiveness of hunting resources management. The authors believe that it is necessary to analyze and eliminate the existing shortcomings in the legislative norms concerning the regulation of changes in hunting agreements. The authors declare no conflicts of interests.
Keywords
contract, hunting resources, use, purpose, rights and obligations, hunting agreement, auctionAuthors
| Name | Organization | |
| Ivanova Svetlana V. | Don State Technical University | servis-05@list.ru |
| Rybak Svetlana V. | Don State Technical University | Svetoch_2504@mail.ru |
References
Legal nature of contracts in the sphere of wildlife utilization (on the example of the hunting management agreement) | Vestnik Tomskogo gosudarstvennogo universiteta – Tomsk State University Journal. 2025. № 515. DOI: 10.17223/15617793/515/26