UNELE CONTRIBUŢII ÎN LEGĂTURĂ CU ANALIZA RĂSPUNDERII JURIDICE PENTRU PERTURBAREA EXEMPLARELOR DIN SPECIILE DE FAUNĂ SĂLBATICĂ
SOME CONTRIBUTIONS RELATED TO THE ANALYSIS OF LEGAL LIABILITY FOR DISTURBANCE OF SPECIMENS OF WILDLIFE SPECIES

Summary/Abstract: Given that anthropogenic pressure on wildlife and their natural habitats is on an upward trend, disturbance management is one of the most important protection measures, hence the imperative need to regulate it. After reviewing the main instruments of international and European law, the author critically analyzes the regulations regarding the disturbance of wildlife specimens contained in the legislation of protected natural areas, without omitting the smaller regulations existing in the hunting legislation, in the legislation regarding the establishment The Danube Delta Biosphere Reserve, as well as that of the picnic activities. Particular attention is paid to the institution of legal liability for non-compliance with regulations on the disturbance of wild animals. The conclusions of the paper regarding, among others, the transposition of the European law in the Romanian legislation with the taking over of its countries (not defining the notions used), as well as the restriction of the scope of application of the contravention sanction provided by article 13(c) related to article 12(11) of Law №. 82/1993 on the establishment of the „Danube Delta” Biosphere Reserve, with subsequent amendments and completions, regarding the disturbance of wild bird species, to the cases when the criminal liability of the perpetrator cannot be engaged under article 52(d) related to article 33(1)(b) and (2)(d) of the Government Emergency Ordinance №. 57/2007 on the regime of protected natural areas, conservation of natural habitats, wild flora and fauna, approved by Law №. 49/2011, with subsequent amendments and completions, compared to the non-fulfillment of the condition regarding the form of guilt, are added proposals of lege ferenda which, in essence, aim at the need to standardize the terminology and define all notions used in Romanian legislation regarding the disturbance of specimens of wild fauna, as well as to the extension of the scope of application of the provisions of article 23(1)(w) of Law №. 407/2006, with subsequent amendments and completions.

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