CONTRIBUŢII LA STUDIUL REGIMULUI JURIDIC AL CRESCĂTORIILOR DE VÂNAT ŞI AL COMPLEXURILOR DE VÂNĂTOARE, PRECUM ŞI AL EXEMPLARELOR DE FAUNĂ SĂLBATICĂ AFLATE ÎN ACESTEA
CONTRIBUTIONS TO THE STUDY OF THE LEGAL REGIME OF GAME FARMS AND HUNTING COMPLEXES, AS WELL AS OF THE WILDLIFE SPECIMENS LOCATED THEREIN

Summary/Abstract: The role of game farms and hunting complexes in reducing the pressure on wildlife of hunting interest is almost unanimously recognized, and from the perspective of climate change, game farms and hunting complexes can prove their usefulness against the background of the expected migrations of wild fauna to areas more favorable. After reviewing the content of the notions of "game farm", "hunting complex" and "farmed game", the author critically analyzes, distinctly, the legal regime of wild animals of hunting interest held in game farms and hunting complexes, as well as the legal regime of game farms and hunting complexes (both from the perspective of common law in the matter, and from the perspective of forestry and hunting law). The conclusions of the work relating, among other things, to the need to regulate the issue of game farms and hunting complexes, at the European level, through a Regulation, to the numerous inadvertences existing in the wildlife protection legislation regarding them, to the main distinction between the legal regime of specimens of wild fauna species of hunting interest in the wild and those kept in game farms and hunting complexes, given by the former belonging to the category of public goods, a category from which specimens of wild fauna species of hunting interest kept in game farms and hunting complexes are excluded by virtue of the provisions of article 52 of Law no. 407/2006, with the subsequent amendments and additions, add to them numerous de lege ferenda proposals which, in essence, aim at granting fiscal facilities and implementing simplified procedures (including regarding the change of land use categories) in cases where the developers of investment projects aimed at the construction of game farms and hunting complexes undertake the rehabilitation of inadequate or degraded ecosystems or the ecological reconstruction of natural ecosystems, the distinct sanctioning of theft having as its object the specimens of fauna species of hunting interest held in the game farms and complexes of hunting, with the special minimum and maximum limits of the higher punishment compared to those of the crime of theft and qualified theft provided for by article 228 and 229 penal code, as well as the violation of the premises of game farms and/or hunting complexes.

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