The legal nature of the Red Book of Ukraine (in the context of the protection of rare species of wild animals).

Levinа G. The legal nature of the Red Book of Ukraine (in the context of the protection of rare species of wild animals).


The article deals with national law and theoretical developments that define the legal nature of the Red Book of Ukraine at the current stage. The analysis of the Red Book of Ukraine as an official state document is carried out with distinguishing its inherent characteristics and features, namely the following: 1) the Red Book of Ukraine has the material form (medium): paper and electronic medium, but the peculiarity of its paper form is the book format of the document; 2) the Red book of Ukraine contains information created by the state governing bodies and/or the one that is in the possession, use or disposal of the authorised state governing bodies, but its specifics are the following: a) placing in the book a fairly large amount of official state information (latest third edition of the "Animal World" volume (2009) consists of 600 pages), b) combining different types of information in the document (administrative, legal, environmental, statistical etc.); c) open access to the information contained in the book; 3) each edition of the Red Book of Ukraine is a complete resolution of the specially authorised state governing bodies in a certain period, but the features of this document are: a) continuous work on it on a regular and systematic basis, the so-called "maintenance of the Red Book of Ukraine"; b) establishment in Ukraine "presumption of exclusivity" with respect to the objects of the animal world, which implies that any kind of wildlife is normal (so-called "non-rare"), until otherwise determined in the following edition of the Red Book of Ukraine; 4) the Red Book of Ukraine originates (is subject to establishment) primarily in the process of implementation by the state and its state authorities of their tasks and functions, but the feature is that, in addition to mentioned state governing bodies other parties also participate in creation of the Red Book of Ukraine, namely: academic institutions, individual scientists, representatives of the interested public etc; 5) the Red Book of Ukraine shall be created, maintained, published at the expense of the State Budget of Ukraine; 6) the Red Book of Ukraine shall be published, disclosed and distributed by the competent state governing body – the Cabinet of Ministers of Ukraine at least once per 10 years; 7) the Red Book of Ukraine establishes facts and contains other information of legal significance.
The legal value of the Red Book of Ukraine is as follows: 1) it is the official state recognition of the problem of the disappearance or significant decrease of the number of species of wildlife on its territory and recognizing the need to address it, including through international cooperation; 2) it is an official state document; 3) the provisions of the Red Book of Ukraine are applied not independently, but only in conjunction with other legal provisions; 4) it is the document, which at the state level determines which species of wildlife are rare and endangered and that require special protection in Ukraine; 5) it is the basis for the development and implementation of state programs (action plans) for the protection of wildlife; 6) it is mandatory for consideration in the development of regulations, distribution of productive forces, resolving the issue of land allocation, development of project and project planning documentation, conducting environmental impact assessments; 7) it establishes restrictions on the use of specific types of wildlife included to it; 8) it stimulates at the state level taking a number of actions  and approval of the necessary decisions on the protection of species of wildlife included thereto; 9) it is a part of the state financial relations (generates financing at the expense of the State Budget of Ukraine); 10) it contributes to the protection of wildlife species, not only within the country, but also at the international level; it is the basis, the object of international relations, programs and financing; 11) it is the basis for establishing by the state of new offenses and legal responsibility, including the enhanced.
Key words: the Red Book of Ukraine, legal nature, rare animals, animal protection.

  G Analytics
разработка сайта веб студия