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Problems of preservation of flora and fauna. Lecture notes "problems of the use and reproduction of flora and fauna"

Security problem flora and all the environment is vital these days. Factors known to disturb the balance ecological systems... One of the universal factors is the growth of industry, transport, and urban economy. These are emissions into the atmosphere, into waste ponds industrial enterprises, vehicle exhaust gases. They pollute huge areas on a global scale.

Another important factor is the irrational, predatory use of natural resources. This group includes clearcutting of forests, because of which huge areas are bare. And this leads to soil erosion.

Mass recreation of the population takes a special place in the destruction of the balance in nature. Free access of the population to recreational areas around cities leads to forest fires, broken trees and bushes, trampled grasses, littered forest. But the most dangerous consequence of the rest of the townspeople is the immoderate picking up of bouquets, medicinal herbs, rare plants... Thus, such wild medicinal plants as spring adonis, Caucasian dioscorea, ginseng and many others, especially bulbous, bulbous, rhizomatous herbaceous plants, were under the threat of reduction.

One of the forms of saving rare and endangered plant species is the organization of botanical gardens. Areas of local flora diversity are being created there and work is underway to study and preserve the genetic fund of the plant world. After all, many plant species have disappeared from the face of the Earth. Many plant species are in danger of extinction today.

Gerald Durrell said very accurately: "Extermination of any kind is a criminal act, equal to the destruction of unique cultural monuments such as paintings by Rembrandt or the Acropolis." Man has no right to consider himself the master of nature. The biosphere of the Earth must be known, scientifically studied, and protected.

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PROTECTION OF THE PLANT WORLD

The problem of protecting the plant world and the entire environment today is of vital importance. Factors that disturb the balance of ecological systems are known. One of the universal factors is the growth of industry, transport, and urban economy. These are emissions into the atmosphere, into water bodies of industrial waste, exhaust gases from vehicles. They pollute huge areas on a global scale.

Another important factor is the irrational, predatory use of natural resources. This group includes clearcutting of forests, because of which huge areas are bare. And this leads to soil erosion.

Mass recreation of the population takes a special place in the destruction of the balance in nature. Free access of the population to recreational areas around cities leads to forest fires, broken trees and bushes, trampled grasses, littered forest. But the most dangerous consequence of the rest of the townspeople is the immoderate picking up of bouquets, medicinal herbs, and rare plants. Thus, such wild medicinal plants as spring adonis, Caucasian dioscorea, ginseng and many others, especially bulbous, bulbous, rhizomatous herbaceous plants, were under the threat of reduction.

In almost all ecosystems, animals prevail over plants in terms of the number of species, although their biomass is many times less. In undisturbed natural ecosystems, each species of an animal occupies its own niche and performs a certain job.

In ecosystems that have been exposed to or developed with human participation, the number of individual phytophages (herbivorous insects) often gets out of control and cause enormous damage to plants and the work of the entire well-coordinated system. For example, outbreaks of oak leafworms or gypsy moths. Trees that have lost their foliage and needles are colonized by barbel beetles, bark beetles, May beetle larvae, etc., and then by saprophages (bark beetle larvae, etc.). There is a change of some communities, others, and unproductive, unprofitable systems for humans arise. The role of animals in ecosystems is great. It includes: processing plant litter and dead organic matter(corpses, excrement); participation in the processes of soil formation. For example, earthworms process the entire mass of soil to a depth of 20 cm; marmots on an area of 1 hectare bring to the surface up to 100 m 3 of land and more, and a mole - up to 500 kg. Many animals distribute plant seeds, promote their renewal, pollinate them. Predators regulate the number of phytophages, are orderlies and heal the populations of many species. The division of animals into useful and harmful is very relative: even generally recognized pests are not always dangerous for natural ecosystems. For example, if oak is partially damaged by a green leaf roll, the sub-forest environment of the forest changes dramatically, more light, heat, and precipitation penetrate to the soil. As a result, the decomposition of plant litter proceeds much faster.

Rational use of wild animals brings great benefits to humans: they serve as food, are used for the production of clothing, as medicinal raw materials, etc. 20 species of wild ungulates, especially elk, roe deer, reindeer, saigas, wild boars, 7 species of upland game provide meat products : hazel grouse, black grouse, wood grouse, ptarmigan, etc. In the foreign and domestic markets, skins of sables, black-brown foxes, beavers, ermines, squirrels, etc. are highly valued. stocks of fur and other animals have sharply decreased. Sable, sea otter were on the verge of complete extermination, river beaver, fur seal, desman, and polar bear, Ussuri tiger, and among ungulates - bison, sika deer, saiga, kulan, etc. The number of elk, roe deer, wild boar has sharply decreased.

Due to the deterioration of lichen-reindeer forage lands and uncontrolled shooting, the area and number of reindeer herds decreased. Felling of ripe coniferous plantations led to a decrease in the number of squirrels. Deterioration of living conditions led to a decrease in the number and production of hares - hares and white hares. Their main value is meat (the weight of hare in Bashkortostan reaches 7 kg), skins, as well as wool for making felt fabrics.

The rational use of wild animals is not limited to their hunting. Well and timely organized accounting of the number of animals, determination of their optimal density, control of the dynamics of the number and the formation of scientifically based quantities and timing of shooting allow the rational use of wild animals and at the same time keep them in wildlife for future generations of people.

Work continues on the domestication of animals. For example, an elk can become an early maturing meat, dairy and pack animal. In a saddle, an elk can carry 80-20 kg, and a moose harnessed to a sled can carry up to 300-400 kg. Moose cows are well milked and give 450 liters of milk of 10% fat during lactation. Work is underway and the possibilities for the domestication of the eland antelope, musk ox and some other species are being studied.

Many species of birds are successfully breeding: pheasants, gray partridges, quails, ostriches, wild ducks, etc. Some of the birds are released into the wild for the wild. Birds are widely used in pest control in agriculture and forestry.

The number of hazel grouses, wood grouses, partridges and other species decreases mainly in exploited forests, where birds are deprived of their current and nesting grounds. Due to the continuous plowing of the steppes and the destruction of island forests, groves and bushes, the number of valuable species of steppe game - bustards, little bustards, quails, as well as waterfowl, decreases.

The restoration of the number of game birds can be achieved by a long-term ban on hunting, the fight against poaching, and a complex of biotechnical measures.

There are about a million species of insects on Earth. There is no such diversity in any other class of animals, insects are usually divided into useful and harmful.

There are a lot of harmful insects. Plant-eating insects (phytophages) and bloodsuckers are especially harmful. Phytophages feed on trees and shrubs. They are classified into forest and agricultural pests. Bloodsuckers cause great harm to humans and animals, feeding on their blood, and transmitting infectious diseases. These are the bed bug, the malaria mosquito, blood-sucking midges (gnat), various types of lice, ticks, gadflies, horseflies. A large group of insects destroys stocks and destroys human dwellings. So, kozheedy beetles feed on lard, ham, bread products, fish and other products. They also damage skin and tissues.

The main guarantor of maintaining stable conditions for the existence of life on Earth is the preservation of maximum biological diversity, that is, all possible forms living organisms of all habitats, including terrestrial, marine and other aquatic ecosystems and ecological complexes of which they are a part. This concept includes both intraspecific diversity, and interspecific, as well as the diversity of ecosystems. The huge variety of organisms on our planet is a necessary condition for maintaining the normal state and functioning of the biosphere as a whole. The species diversity of groups of plants and animals, the number of individual species, and biomass determine their role in the biotic circulation of substances and energy transfer.

Throughout evolution, some species died out, others arose and reached their heyday and disappeared again, and new ones appeared to replace them. This process is associated primarily with the dynamics of the Earth's climate and some geological processes... As a result, not only one species was replaced by another, but entire biotic communities also changed. However, this happened unusually slowly, over tens of millions of years. During the period of the scientific and technological revolution, man is the main force transforming the flora and fauna.

The most noticeable reduction in the forest area of our planet: over the past 300 years, 66-68% of forests have been destroyed, and forest cover has decreased to 30%. Population growth and the development of the world economy are constantly supporting the growing global demand for forest products. In the period 1990-1995. in developing countries, nearly 65 million hectares of forest land have been lost as a result of over-logging, conversion to agricultural land, disease and fire. A particularly threatening situation has developed in tropical forests. At the current speed of their information at the beginning of the XXI century. in some regions (Malaysia, Indonesia) forests may disappear completely.

One of the main reasons for this depletion forest resources there is a high demand for wood in the industrial developed countries... Alternatively, it is necessary to significantly increase the efficiency of the technology for the production of timber, primarily paper, to make more extensive use of waste and recyclable materials, in order to save paper, to release publishing products in in electronic format... Reforestation will ensure that future wood needs are met and will help absorb carbonaceous compounds from the atmosphere, thereby slowing global warming.

In addition to forests, others need careful protection. plant communities, the animal world of our planet. The preservation of their biological diversity is of great importance for many types of economic activities, and, first of all, for agriculture, since wild plants are a genetic means of ensuring resistance to diseases, drought and salinity. It is also necessary to highlight such an industry as the production of herbal medicines, which makes it possible to meet the basic needs for medical care more than 3 billion people.

However, as the scientific commercial community becomes more aware of the value of herbal medicines, the threat to these plants themselves increases. According to the latest surveys, generalized by UN experts, about a quarter of a million plant species, that is, every eighth, are endangered. The survival of approximately 25% of all mammalian species and 11% of bird species is also problematic. The depletion of the fishing areas of the World Ocean continues: over the past half century, fish catches have increased almost fivefold, while 70% of oceanic fisheries are subjected to extreme or prohibitive exploitation.

Awareness of the unpredictable value of biological diversity, its importance for the maintenance of natural evolution and sustainable functioning of the biosphere has led mankind to understand the threat posed by the reduction in biological diversity that occurs as a result of some types of human activity. Sharing the concern of the world community, the UN Conference on Environment and Development (1992), among other important documents, adopted the Convention on biological diversity... The main provisions of the convention are aimed at the rational use of natural biological resources and the implementation of effective measures to preserve them.

Modern technogenic civilization, in addition to increasing the degree of domestic comfort, has led to a rapid deterioration environmental situation in the world. Over time, the ecology spoiled by civilization can lead to catastrophic consequences. Let's consider briefly the main global environmental problems.

Destruction of plant and animal species

The destruction and depletion of the gene pool is the largest environmental problem in the whole world. American scientists have calculated that over the past 200 years, earthlings have lost 900 thousand species of plants and animals.

Within the territory of the former USSR the gene pool decreased by 10-12%. Today, the number of species on the planet is 10–20 million. The reduction in the number of species is due to the destruction of the natural habitat of plants and animals, excessive use of agricultural land, due to the existing one.

In the future, an even more rapid decline in species diversity is predicted. Extermination of forest cover

Forests are dying out en masse on the planet. Firstly, because of the logging for the use of wood in production; secondly, due to the destruction of the normal habitat of plants. The main threat to trees and others forest plants- acid rain, which falls due to the emission of sulfur dioxide from power plants. These emissions have the potential to be transported long distances from the immediate point of release. In the last 20 years alone, earthlings have lost about 200 million hectares of valuable woodlands... Exhaustion is especially dangerous. rainforest, rightly considered the lungs of the planet.

Reduction of mineral resources

Today, the amount of minerals is rapidly decreasing. Oil, shale, coal, peat were left to us from the dead biospheres, which absorbed the energy of the sun. However, it should be remembered that about half of the oil produced by mankind has been pumped out of the bowels of the earth over the past 10-15 years. The extraction and sale of minerals has become a gold mine, and entrepreneurs do not care about the global environmental situation. Only the development of alternative projects can save earthlings from the loss of energy sources: the collection of energy from the sun, winds, sea tides, hot bowels of the earth, and so on.

World Ocean Problems

As you know, the world's oceans occupies 2/3 of the planet's surface and supplies up to 1/6 of animal proteins that are consumed by the inhabitants of the Earth. About 70% of all oxygen is produced during phytoplankton photosynthesis.

Chemical pollution of the ocean is extremely dangerous, because it leads to a depletion of water and food resources, a violation of the oxygen balance in the atmosphere. During the twentieth century, the emissions into the world's oceans of non-decomposable synthetic substances, products of the chemical and military industries increased dramatically.

Air pollution

In the 60s it was believed that atmospheric pollution is characteristic only of big cities and industrial centers. However, it later became clear that harmful emissions can spread over great distances. Air pollution is a global phenomenon. And the release of harmful chemicals in one country can lead to a total environmental degradation in another.

Acid rains appearing in the atmosphere cause damage to the forest comparable to felling.

Depletion of the ozone layer

It is known that life on the planet is possible only because the ozone layer protects it from the lethal effects of ultraviolet radiation. If the amount of ozone continues to decrease, then humanity is threatened with at least an increase in the occurrence of skin cancer and eye damage. Ozone holes are most common in the polar regions. The first such hole was discovered by a probe of the British station in Antarctica in 1982. At first, this fact of the appearance of ozone holes in the cold polar regions caused bewilderment, but then it turned out that a significant part of the ozone layer is being destroyed. rocket engines aircraft, spaceships, satellites.

Surface contamination and disfigurement of natural landscapes

A handful of soil, this skin of the earth, contains many microorganisms that provide fertility.

A layer of soil 1 cm thick is formed for a century, but it can be destroyed in 1 field season.

And this, in turn, leads to a complete disfigurement of natural landscapes.

The annual plowing of agricultural soils and grazing of animals leads to a rapid depletion of soils with a further loss of their fertility.

Solving environmental problems

There are a lot of ways to solve the ecological problems of mankind. But usually it all comes down to how to properly dispose of production waste and, in general, switch to a more environmentally friendly clean ways industry, use cleaner fuels, natural power generation systems (like solar panels or windmills). However, in reality, the problems are much deeper.

Humanity is accustomed to living in cities and megalopolises, which is already a violation of the natural biogeocenosis. The city and hazardous industries are the main sources of environmental pollution.

At the moment, the creation of a completely eco-friendly city is not available to mankind. If you try to imagine how an environmentally friendly city should look like, then only 100% harmless materials should be used for construction there, similar in their properties to wood and stone.

Naturally, such a city should look much more like a park or a nature reserve than an industrial metropolis, and the houses in it should sink into the trees, and animals and birds should calmly walk along the streets. But the creation of such a metropolis is a complicated process.

It is easier, on the contrary, to disperse human settlements and start settling on natural landscapes practically untouched by human hand. The settlements dispersed in space reduce the load on the biosphere in individual places. Naturally, life in new places should include compliance with environmental safety practices.

Holzer biocenosis

The possibility of such a natural, almost paradise life without loss of comfort, which is provided by the achievements of modern civilization, was proved by the famous Austrian farmer Sepp Holzer. In his household, he does not use irrigation, melioration, pesticides or herbicides. He has only one employee (despite the size of the farm of 45 hectares), only one tractor and his own power plant.

Holzer created natural biocenosis where, in addition to cultivated plants, animals, birds, fish, insects live. Practically the only work that the owner and hostess do is sowing and harvesting.

Everything else is done by nature at correct organization natural conditions of the environment. Holzer managed to grow even rare plant species that do not grow in the high alpine regions, as well as plants typical for much warmer countries (kiwi, lemon, sweet cherry, orange, cherry, grape).

The whole of Austria is queuing up for vegetables, fruits, fish, Holzer meat. The farmer believes that today's food production is completely pointless, because it takes an inordinate amount of energy. It is enough just to study natural laws and create the most natural conditions for the existence of plants and animals.

This “lazy” economy, also called permoculture (a permanent culture that reproduces viable environmental conditions), eliminates agricultural depletion of soils and loss of species diversity, helping to preserve natural reservoirs and a clean atmosphere. A natural, ecologically correct way of life will help to significantly reduce the volume of harmful industries, which will also lead to a decrease in environmental pollution.

The regulation of the procedure for the treatment of animals in our country is still carried out mainly within the framework of natural resource legislation, namely, legislation on the protection and use of the animal world (or faunal, as it is also called), which applies only to wild animals in a state of natural freedom. In accordance with the Law on the Animal Kingdom, the animal world is a collection of living organisms of all types of wild animals permanently or temporarily inhabiting the territory. Russian Federation and in a state of natural freedom, as well as those related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation.

A huge number of representatives of the animal world remain outside the legal regulation of faunistic legislation, but today it is not even possible to determine with sufficient accuracy which animals are among them.

Obviously, the most significant part of them are domestic and farm animals. Most often, when talking about pets, they mean the so-called companion animals, which citizens keep in their homes to satisfy aesthetic, emotional, educational needs. These are, first of all, cats and dogs, as well as small rodents, decorative and song birds, aquarium fish, turtles, etc.

In addition, the number of animals that do not belong to the objects of the animal world includes sports, service, circus, zoo, laboratory and other animals used for a variety of special purposes (entertainment, scientific, security, military, etc. ., etc.), and which are united by the fact that they are contained by man.

The treatment of such animals is regulated by law rather fragmentarily. At the very least, it is not possible to single out any industry, institution or other section of legislation that would fully cover these issues. There are corresponding norms in the civil legislation, which recognizes animals that do not belong to the objects of the animal world as property with value, and which also regulates the procedure for recognizing copyright when breeding new breeds (breeding) of animals; in the criminal and administrative legislation establishing responsibility for cruelty to animals, for violation of the rules determined at the regional level, keeping pets in settlements etc.

At the same time, there is a special array of legislation that applies equally to all animals, whether they are objects of the animal world or not. This is veterinary legislation, the subject of which is the regulation of activities for the prevention and control of animal diseases. In our country, it is traditionally included in the agrarian legislation, and indeed, until recently, due to economic and social conditions in Russia, the main attention was paid to farm animals; veterinary care and treatment of other domestic animals and, in particular, companion animals, began to develop only in the last two decades, and, accordingly, the specifics of the regulatory regulation of the issues arising in this connection are only being formed.

A general approach in the legal regulation of the treatment of all types of animals is important for ensuring veterinary safety, given that infectious diseases are transmitted from wild animals to domestic animals and vice versa, and a number of such diseases are also dangerous for humans. But this is not the only basis for the conclusion about the formation in the future of a number of normative legal acts that will apply to animals, both being and not being objects of the animal world. In our opinion, such a basis is also the fact that the border between wild and domestic, or tamed, animals is often quite difficult to draw.

So, the Law on the Animal Kingdom in Art. 26 defines the procedure for keeping and breeding objects of the animal world in semi-free conditions and in an artificially created habitat, which made it possible in the legal literature to conclude that if wild animals are raised in reserves, nurseries with the aim of further replenishing the populations (releasing them into the natural environment), then they are subject to environmental legislation 1. Although it must be admitted that living neither in semi-free conditions, nor in an artificially created environment cannot be fully recognized as a "state of natural freedom", which is referred to in the above definition of the animal world.

At the same time, neglected pets do not belong to the objects of the animal world, despite the fact that they often live in groups, in flocks for several generations, in a state of freedom - although the question arises whether such freedom can be called natural (as indicated by the above legislative definition animal), if such animals are mainly engaged in begging or simply fed by people.

However, it should be recognized that a rather thin line separates them, for example, from synanthropic birds such as hooded crows, doves and house sparrows, which constantly live next to humans, are perfectly adapted to the conditions of the city, eat food waste, - and at the same time refer to objects of the animal world.

The question also arises as to how legitimate and logical it is to consider feral individuals and flocks of animals originally belonging to domesticated species as neglected domestic animals - for example, in green areas near megacities, flocks of feral dogs have been seen, which are mainly engaged in hunting, like wild animals.

"Environmental Law". Textbook for Academic Bachelor's Degree, 5th edition, ed. S.A. Bogolyubov. M., 2014, p. 297.

votnye. If we do not consider them wild, then it should apparently be concluded that animals are domesticated on the basis of their species, and not on the basis of the fact that they are kept at home. But then, under no circumstances will they be considered pets, for example, small forest animals, which are sometimes kept by citizens as pets - such as squirrels, hedgehogs, snakes - which will not allow the established rules for keeping pets to be applied to them. In addition, the division of animals into wild and domestic according to species characteristics in a number of cases is impossible because the same species can be both wild and agricultural, for example fur animals, bees.

In general, the purposes of using certain types of animals change over time. In our country, not so long ago, agricultural breeding of ostriches (which are objects of the animal world) appeared, keeping them as pets became popular wild cats and cats of special breeds, bred by crossing wild and domestic cats.

It is even more difficult to clearly distinguish between agricultural and other domestic animals: now many species of animals traditionally considered exclusively agricultural (horses, pigs, rabbits) are considered as companion animals, in connection with which their decorative and dwarf varieties appeared.

There are other, in addition to veterinary medicine, issues related to all types of animals, and requiring legal confirmation, in particular, ensuring humane treatment of them. We must agree with the opinion of Prof. M.M. Brinchuk, who names the principle of humanity among the principles of environmental law and notes that “the legislation of the Russian Federation provides for measures to prevent the infliction of excessive, unjustified, including for ethical reasons, harm to the flora and fauna, to all forms of life. " However, the problems associated with the humane treatment of animals are mainly in the sphere of relations for the protection of public order and are only partially covered by the norms of environmental and veterinary legislation.

Without dwelling on this issue in detail, we note the following.

The legislation establishes both criminal and administrative responsibility for cruelty to animals, however, it is obvious that humane treatment of animals is not completely exhausted by the absence of cruelty with them. In addition, the rules for such treatment have not yet been established for most uses of animals.

So, the rules for the treatment of pets are currently determined exclusively by regional legislation 1. At the same time, special legislative acts have been adopted in seven constituent entities of the Russian Federation - in other regions, most often there are only norms on administrative responsibility for violation of the rules for keeping animals, while such rules are established at the level of municipal bodies; the laws of the subjects mainly concern only domestic animals 2, or generally only cats and dogs (in the Republic of Sakha (Yakutia) - dogs, cats and exotic animals).

The need to comply with the principles of humane treatment of laboratory animals (without specifying these principles and their content) is noted in clause 3.4 of the National Standard of the Russian Federation "Principles of Good Laboratory Practice"; The rules for humane treatment of laboratory animals were approved by the Chief State Sanitary Doctor of the USSR back in 1973.

With regard to productive farm animals, the legislation is limited to the mention in technical regulations Customs Union"On food safety" (Art. 19) that the slaughter of these animals is carried out in ways that ensure humane treatment of productive animals. Such methods are not defined in any of the current regulatory legal acts.

Meanwhile, the humane treatment of productive agricultural animals is far from being limited to methods of slaughter, it is important to ensure that such animals are kept in conditions that would not cause them suffering during their life 1.

Finally, the legislation does not even mention the rules of humane treatment of animals used for cultural and entertainment purposes, including in circuses and zoos, while many questions arise from the public about acceptable training methods, keeping animals in mobile menageries, and the use of exotic animals. in places of recreation of the population (in particular, for photographing), etc.

Therefore, the idea of adopting a federal law on the responsible treatment of animals 2 should be supported, in which a number of fundamental issues should be resolved, such as: the conditions under which it is allowed to keep wild animals in captivity; restrictions on the acquisition and maintenance of so-called exotic animals by citizens (that is, animals that are not adapted for living in the climatic conditions of our country and in standard city apartments, monkeys, tigers, crocodiles), a list of permissible cases of killing animals; establishing unacceptable training methods; the status of animal shelters; a ban on breeding animals with identified genetic changes that cause them suffering, and breeding animals with hereditarily fixed aggressiveness, etc.

The plant kingdom is named as one of the components natural environment in st. 1 of the Law on Environmental Protection. However, in Russian legislation, traditionally, only in relation to one of the components of the plant world, namely forests, detailed regulation of use and protection is carried out. Of course, the forest is the largest and most valuable part of the plant world, from the earliest times of mankind's existence it was, first of all, a source of wood, in connection with which the rules on the rights to this natural resource and the mode of its use arose in antiquity. By now, most countries, including Russia, have an established independent branch of forestry legislation.

Forests keep their economic value and remain a unique natural object, which is a natural biocenosis, one of the main sources of oxygen on the planet, a habitat for various animals, birds, insects, etc. However, other vegetation that covers the land is gaining more and more importance. Thus, the development of scientific and technological progress has led to the need (and made possible) the struggle for biodiversity, that is, the preservation, in this case, of all species and varieties of plants existing on earth, as well as their genetic resources, the search, except for those traditionally used as agricultural , plants that could be eaten and used as medicinal raw materials. Thus, other, besides forest, plants are increasingly used as a natural resource, while their environmental value is increasing. In particular, in conditions when the bulk of the population lives in cities, including megalopolises, it is impossible to overestimate the role of urban green spaces in creating and maintaining a human-friendly environment. The increase in anthropogenic impact on the plant world can be illustrated by the following example: when breeding plant varieties with desired properties, growing genetically modified plants, spontaneous pollination of wild vegetation occurs, and often in large areas adjacent to the corresponding fields, and this is fraught with an increase in serious changes in genetics such vegetation.

Meanwhile, in spite of the fact that in the normative acts there is a mention of the legislation on the plant world 1, such a separate legislative array, or, moreover, a sub-branch of natural resource legislation does not exist.

At the same time, one cannot fail to draw attention to the fact that the general term "flora" - like the term "objects of the flora" - is widely used in legislation. So, for example, in accordance with the Labor Code of the Russian Federation (Article 56) in order to create special conditions the protection of the flora, restrictions on rights to land may be established.

Plant objects are mentioned in the RF LC (clause 3, article 41), the VC RF (clause 1, clause 3), and a number of other federal laws.

However, the legislation does not contain definitions of these concepts. Perhaps this is why one can observe slightly different approaches, for example, in matters of establishing responsibility: the Criminal Code of the Russian Federation speaks of causing significant harm to the plant world (part 1 of article 250), of the massive destruction of the plant world that can cause an ecological catastrophe (article 358), and the Code of Administrative Offenses of the Russian Federation provides for measures of administrative responsibility for causing harm to objects of the plant world, and not to the plant world as a whole (for example, Part 1 of Art. 3.4).

As for plant species, the legislation contains the terms: "medicinal plants" (LK RF), "aquatic plants" (Federal Law "On aquaculture (fish farming) and on amendments to certain legislative acts of the Russian Federation"), "drug-containing plants" (Federal Law of January 8, 1998 No. З-ФЗ "On Narcotic Drugs and Psychotropic Substances") and others. Sufficiently detailed definitions of agricultural plants and forest plants are contained in Art. 1 contains the Federal Law of December 17, 1997 No. 149-FZ "On seed production". General concept an individual plant contains the Federal Law of July 21, 2014 No. 206-FZ "On plant quarantine" (Art. 2) - although, it must be admitted, this definition somewhat tautological: "plants are plants and their parts, including seeds (seed material) and genetic material."

As rightly noted by M.M. Brinchuk, “the most complete regulation of the use and protection of the flora is carried out in forestry legislation. As for the flora outside the forests, relations regarding its objects are fragmentarily regulated by land, water, mining legislation, legislation of specially protected natural areas ”1.

However, it should be added that a certain number of issues related to the use of the plant world are also regulated by agrarian legislation. These are, for example, relations in the field of plant quarantine, traditionally attributed to the agricultural sphere, although the implementation of such quarantine is aimed at ensuring protection against harmful organisms both agricultural and any other types of plants. The issues of ensuring quarantine phytosanitary safety are regulated by federal legislation, which constitutes a compact block of special law 1 and by-laws.

To date, in the field of the use and protection of vegetation, a block of legislation has also been formed that regulates the protection of rare and endangered plants. Much more complicated is the issue of legal protection of the green fund of urban and rural settlements, which - due to the current lack of regulation of this issue at the federal level 2 - is carried out in accordance with regional legislation. At the same time, the relevant legislative acts are available only in certain constituent entities of the Russian Federation: in 11 of them special laws on the protection of green spaces have been adopted, in others the norms on this issue are contained in the laws on improvement (for example, in the Law Ivanovo region dated July 18, 2006 No. 75-03 "On ensuring cleanliness and order on the territory of the Ivanovo region") or on urban planning (such as the Law of the Omsk region dated March 9, 2007 No. 874-03 "On the regulation of urban planning activities in the Omsk region" ), and, for example, in the Tomsk region green spaces are protected within specially designated “green areas” 3 (this concept, by the way, is unknown to federal law).

Approaches to what is meant by green spaces differ significantly: it is enough to note that in some regional laws, for example, in Moscow, this is all “tree-shrub and herbaceous vegetation of natural and artificial origin (including urban forests, parks, boulevards, squares, gardens, lawns, flower beds, and freestanding trees

and shrubs) ”1, other laws (Buryatia, Ingushetia, Bryansk region and others) exclude forests and forest plantations from urban green spaces, or green spaces located in specially protected natural areas (for example, in the Krasnodar Territory). The law of St. Petersburg does not include green spaces located within the boundaries of specially protected natural areas, on agricultural land, on land plots in federal or private ownership, as well as protective forests and forest parks 2. At the same time, in our opinion, none of the existing normative acts has succeeded in sufficiently clearly distinguishing green spaces subject to protection from weedy, harmful and non-valuable vegetation.

In general, for the overwhelming majority Russian regions characterized by "the transfer of the main part of the normative regulation in relation to urban vegetation to the municipal level." ...

How reasonable are the regulatory prescriptions contained in such acts can be judged at least by the fact that federal legislation does not operate at all with the term "tree and shrub vegetation" - this concept is absent in the current LK RF, in contrast to the previous Forest Code of the RF (1997 g.), which contained a special chapter on tree and shrub vegetation located on agricultural land, railway transport, road transport, water fund, as well as on right-of-way highways and channels. As noted by many researchers, the problem in determining the status of vegetation outside forests is largely due to the lack of: a legally correct definition of a forest in the legislation; criteria for determining what totality of vegetation can be recognized as a forest; delimiting it from related concepts such as "forest plantations" and "forest vegetation" 1.

The fact that the legislation does not regulate the legal regime of vegetation located outside the lands of the forest fund, and in addition to green spaces in settlements, this applies, for example, to protective and other forest plantations on agricultural lands 2, as well as a number of other vegetation groups of great nature conservation value, is, of course, a significant gap and one of the arguments in favor of developing a special federal law on the protection and use of the flora.

However, it is no less important that such a law should formulate general principles and principles for the protection and use of vegetation, fix the related basic concepts, and on the basis of these provisions not only the above gaps would be filled, but also, possibly, to a certain extent, the norms of forest legislation have been clarified and adjusted, legislation would have been developed that would regulate new directions for the use and protection of the flora. Thus, a promising direction is related to the regulation of the collection, conservation, study and rational use of plant genetic resources on the territory of the Russian Federation 3.

It should be noted that the question of the need to regulate relations in the legislation on the protection and use of the flora in the literature has already been raised 1.

Professor M.I. Vasilyeva, speaking about the need to develop an environmental code, proposed to codify in one of its chapters provisions on the protection of forests and other flora, which would cover the green fund of cities and other settlements, rare and endangered, other plant species, except agricultural and weed plants 2 ... Leaving aside the question of the advisability of adopting an environmental code, we note that such an approach, in which it is proposed, in particular, in separate articles, to distinguish between the legal regulation of relations in the field of the protection of forests and other flora, to determine the features of the protection of forests located outside the lands of the forest fund, it seems quite rational to identify measures of legal protection and reproduction of the flora, environmental requirements for the use of flora objects, directions of state regulation in the field of flora protection in the implementation of economic and other activities.

It seems that the key issues that need to be resolved before embarking on the development of a law on the use and protection of vegetation are the questions of what is included in the range of objects of the flora, what relations about these objects should be the subject of legislation on the flora, and , in particular, to what extent it covers relations on the use and protection of forests.

In investigating these problems, it is logical to turn to the experience of neighboring countries, of which the majority (Tajikistan, Uzbekistan, Azerbaijan, Moldova, Turkmenistan, Belarus, Ukraine) have special laws on the protection and use of the flora 3.

As objects of the plant world, practically all the laws of these countries distinguish plants and their parts; in addition, in a number of cases, the following are named: tree groups, species, populations, botanical collections, plant communities, habitats of flora objects.

The question arises whether only wild-growing or growing in natural conditions, plants. It seems that such an approach to determining the range of flora objects would not be entirely accurate, since the latter are largely natural and anthropogenic objects created by man, and at the same time possess the properties of a natural object and have a recreational and protective value: these are, for example, green spaces in settlements, protective forest belts, tree nurseries. Even agricultural plantings can be considered (and are considered in foreign legislation) as an element of the traditional agricultural landscape that must be preserved.

Most of the laws of the above countries regulate relations in the field of protection and use of the flora growing in natural conditions, as well as wild plants kept in cultural conditions for their reproduction and preservation of the genetic fund. That is, the term "wild plants" in many laws is understood quite broadly: for example, the law of Turkmenistan in Art. 1 of its specifies that wild and other plants are plants growing in natural or culturally regulated conditions in order to preserve their species; and in the understanding of the Law of Belarus "On the Plant World", wild plants are not only plants that are in their natural environment growth and capable of forming populations, plant communities or plantations, but also plants grown and used for landscaping and other environment-forming, water-protective, protective purposes.

The law of Moldova indicates that agricultural plants and flora objects grown in artificial conditions on land plots in public or private ownership for the purpose of their sale or consumption.

In this regard, it should be noted that, in our opinion, Russian legislation should not completely exclude relations with regard to agricultural plants from the sphere of regulation of the emerging legislation on the plant world. There are a number of issues common to plants of any kind: in addition to the already mentioned plant quarantine and the protection of plant genetic resources, one can name the definition of the procedure for the use of pesticides and agrochemicals, the procedure for the safe conduct of breeding tests of new varieties, the procedure for handling plants belonging to living modified organisms - and it seems that in the near future the list of such questions will only grow, and the line between cultivated plants and wild plants will in many cases blur.

Likewise, certain provisions concerning the use of forests can and probably should be included in general floristic legislation, at least on the basis that forests are part of the flora. At the same time, of course, one cannot fail to take into account that the legal regulation of the use and protection of forests was formed long before the emergence of norms on vegetation, it is detailed, extensive and quite specific, and therefore it is very difficult to integrate it into legislation of a more general order.

In all of the above countries, along with the law on vegetation, there is a forest code, but the issue of distinguishing between legislation on flora and forestry legislation is resolved in slightly different ways.

In Tajikistan, this ratio is not specifically stipulated in the legislation, but since the Law “On the Protection and Use of Flora” does not contain norms regulating relations with regard to forests, it can be concluded that the legislation on the flora does not cover forests.

In Moldova, there is also no specific indication of how the legislation on forests and flora is related. At the same time, the Law "On the Plant World" includes a number of norms governing forest relations. So, Art. 6 in Part 4 determines that private ownership of forests and green spaces is possible if they are created on privately owned lands, and Art. 26 is fully devoted to the issues of timber harvesting in the process of cutting forest vegetation.

In contrast, Art. 2 of the Law of Turkmenistan clearly states that relations in the field of protection, rational use and reproduction of the flora included in the forest fund are regulated by the Forest Code of Turkmenistan, with the exception of cases provided for in Art. 13, 26-31, 36 and 38 of this Law (these articles are mainly devoted to the protection of flora objects, including rare and endangered ones, as well as regulation of the distribution of wild plants and the procedure for issuing permits for the use of flora objects).

Likewise, the Law of the Republic of Belarus of June 14, 2003 No. 205-3 "On the flora" establishes that relations in the field of handling flora objects included in the forest fund, with the exception of certain cases, are regulated by forest legislation.

In our opinion, a clearer delineation of the spheres of legal regulation is the establishment in the laws on vegetation of a list of those categories of tree and shrub plantations that are not included in the forest fund.

In general, in the states that are our closest neighbors, there are many developments in the field legislative regulation relations in the field of protection and use of vegetation, the study of which will largely help in the design of relevant regulations in the Russian Federation.

In our opinion, significant for the development Russian legislation on the flora is the adoption on December 25, 2014 of the Law of the Republic of Crimea "On the flora". In this case, there is the so-called advanced lawmaking of the constituent entity of the Russian Federation, justified, first of all, by the need for special protection of the unique nature of Crimea. Without analyzing this normative legal act in detail, we note only the following point. This Law, according to its preamble, applies to relations with respect to flora objects that are located on lands owned by the Republic of Crimea. The question arises: how expedient is the establishment of the legal regime of vegetation, depending on the type of ownership of the land plots on which it grows. Some of the laws of foreign countries discussed above also exclude vegetation on privately owned land plots from the scope of these laws. But shouldn't, for example, establish obligations for owners and users of privately owned land plots to preserve rare and endangered plants located on their plots? It seems that the answer to this and other questions raised above should be given precisely by federal legislation.

Brinchuk M.M. Principles of environmental law: monograph. M., 2013.S. 36.
See, for example, Art. 245 of the Criminal Code of the Russian Federation.
For more details see: E.L. Minina. Problems of legal regulation of the treatment of animals // Journal of Russian law. 2014. No. 12. S. 80-88. Laws of the Republic of Bashkortostan dated April 22, 1997 No. 88-03 "On domestic animals", the Republic of Buryatia dated November 7, 2008 No. 574-1U "On the maintenance and protection of domestic animals on the territory of the Republic of Buryatia", Pskov region dated December 17, 2009 No. 926-oz "On the maintenance and protection of domestic animals", dated December 2, 2004 No. 800-KZ "On the maintenance and protection of domestic animals in the Krasnodar Territory", dated June 30, 2010 No. 67-03 "On the maintenance and the protection of pets and measures to ensure the safety of the population in Voronezh region". Laws of May 20, 2004 No. 184-03 "On general provisions keeping dogs and cats in the Novosibirsk region ", dated August 13, 2010 No. 154-03" On the keeping of dogs and cats in the Tomsk region ".
June 2014). But one should also take into account the fact that, according to some researchers, the requirements for comfortable keeping of pigs adopted within the European Union are essentially aimed at artificially limiting competition in the common European market for pig products. Belov V.A. European "swine" law? (On the issue of one Council directive European Union) // Law. 2014. No. 7. S. 166-170. The draft federal law "On the Responsible Treatment of Animals" No. 458458-5 adopted The State Duma in first reading. The scientific literature also uses the term "floristic legislation". See, for example: Sokolova A.K. Legislative preconditions for the formation of legal protection of plant objects // Problems of legality: collection of articles. scientific works. Kharkiv: NYU them. Ya. The Wise, 2014. Issue. 125.S. 163-171. Brinchuk M.M. Environmental law: Textbook. Prepared for the ATP ConsultantPlus, 2008. Federal Law of July 21, 2014 No. 206-FZ “On Plant Quarantine”. In addition to Art. 61 of the Federal Law "On Environmental Protection", mentioning the need for such protection, is still in force only, to a large extent outdated, order of the State Construction Committee of the Russian Federation of December 15, 1999 No. 153 "On the procedure for the creation, protection and maintenance of green spaces in cities Russian Federation". Law of the Tomsk region of November 11, 2008 No. 222-03 "On the protection of green areas in the Tomsk region".
See, for example, the decision of the Council of Deputies of the Urban District of Khimki, Moscow Region, dated January 28, 2015, No. 01/6 "On approval of the Regulation on the protection of green spaces and on the procedure for cutting down trees and shrubs in the territory of the urban district of Khimki, Moscow Region."
See about this, for example: A.A. Vorontsova. Some features of the legal regulation of forests (forest plantations) located on lands of various categories // Ecological law. 2012. No. 5. S. 2-7; Bykovsky V.K. Use of forests in the Russian Federation: legal regulation. M., 2009. P. 11. See more about this: E.L. Minina. The problem of the revival of rural forests. In collection: Use and protection of forests: the problem of implementation of legislation / otv. ed. E.L. Minin. M., 2012.S. 101-114. More details about this - in the third paragraph of this chapter. So, M.M. Brinchuk refers to the fact that at one time O.S. Kolbasov substantiated the necessity of adopting a law on the protection and use of out-of-forest vegetation (Kolbasov OS The main directions of lawmaking in the field of environmental protection. Soviet state and law. 1980. No. 3. P. 72-77), and A.B. Iskoyan determined the range of issues that, in her opinion, such a law should cover (Iskoyan A.B. Legal regulation protection and use of the flora. Yerevan, 1987.S. 116-117). Brinchuk M.M. Environmental law: textbook. M., 2004.S. 429. Vasilyeva M.I. A special part of environmental law as an object of codification // Environmental law. 2010. No. 6. S. 5. This is the Law of the Republic of Tajikistan dated May 17, 2004 No. 31 "On the protection and use of the flora", the Law of the Republic of Uzbekistan dated December 26, 1997 No. 543-1 "On the protection and use of the flora ", Law of the Republic of Azerbaijan dated May 2, 2014 No. 957-1US)" On the protection of green spaces ", Law of the Republic of Moldova dated November 8, 2007 No. 239-XU1" On the flora ", Law of Turkmenistan dated August 4, 2012 No. No. 309-1U "On the flora", Law of the Republic of Belarus dated June 14, 2003 No. 205-3 "On the flora", Law of Ukraine dated April 9, 1999 No. 591-XIV "On the flora".

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