RĂSPUNDEREA PENTRU DAUNELE PRODUSE CULTURILOR AGRICOLE, SILVICE ŞI ANIMALELOR DOMESTICE DE CĂTRE EXEMPLARELE DIN SPECIILE DE FAUNĂ DE INTERES CINEGETIC
LIABILITY FOR DAMAGE CAUSED TO AGRICULTURAL CROPS, FORESTRY AND DOMESTIC ANIMALS BY WILD GAME SPECIES

Summary/Abstract: As a result of the increase in the number of incidents in which the specimens of wild fauna of hunting interest are involved, listed in annexes no. 1 and 2 of Law no. 407/2006 on hunting and the protection of the hunting stock, with subsequent amendments and additions, resulting in damage to the patrimony of the owners of agricultural crops, forestry or domestic animals, in the conditions where the wildlife of hunting interest is managed under the special law, the Romanian legislator was forced to regulate the responsibility for the damages thus caused, a responsibility that lies either with the manager of hunting fauna, or with the central public authority responsible for environmental protection or the one responsible for hunting. The paradigm shift recently undergone by the institution of liability for damage caused to agricultural crops, forestry and domestic animals by specimens of fauna species of hunting interest, as a result of the changes in the provisions of art. 13 of Law no. 407/2006 led us to proceed to the critical analysis of its reflection in the secondary legislation, straight to the analysis of Government decision no. 3/2023 regarding the method of granting compensation for damage and/or damage caused by the fauna species of hunting interest included in annexes no. 1 and 2 of the Law on hunting and the protection of the hunting stock no. 407/2006 and some measures for its implementation. At the same time, we have issued numerous de lege ferenda proposals, the adoption of which would contribute decisively to the achievement of the purpose for which the norm was enacted. Among these we mention: the granting of the authority to the mayor of the administrative-territorial unit to ascertain and sanction the submission of requests to the administrative-territorial unit for the convening of the commission in order to grant compensation by persons who do not have the capacity of owner of the destroyed goods or of a legal or conventional representative of them; regulating the course of requests wrongly directed to an administrative-territorial unit; the regulation of a simplified procedure for obliging the author of the request for compensation to pay the expenses incurred by the institutions or the persons involved, in the event of waiver, in writing to the request for compensation, after sending the summons to the damage assessment and evaluation commission; as well as imposing on administrators of protected natural areas, not included in hunting funds or in which hunting is not allowed, the obligation to provide complementary food for herds of wild fauna species of hunting interest.

• Details
• Contents