Mechanism of Legal Regulation of of Wild Fauna Commercial Circulation in the Russian Federation

Abstract

The purpose of this study is to identify the legal nature and mechanism of commercial trade in wild fauna objects in the Russian Federation under the exclusive state ownership of these natural resources. The article argues that, under natural resource legislation, the object of commercial circulation is a wild animal in its natural habitat, as well as animals kept in semi-captive conditions or in human-made environments. The study reveals that the transferred object is identified solely by its species, which gives rise to a conflict between the legal notion of "providing for use" and the de facto alienation of animals. An exhaustive list of grounds for the transfer of wildlife from the state to business entities is defined, including contracts and administrative-legal mechanisms (hunting  permits). The study has  revealed that all contractual forms are exclusively commercial in nature, whereas trade based on permits is recognized as commercial only if there is an entrepreneurial purpose. Particular attention is paid to the composition of the subjects: the state, as the owner, acts as the transferor, while individual entrepreneurs and legal entities act as the recipient. The significance of the results lies in systematizing the mechanism of commercial wildlife trade, identifying its legal gaps, and justifying the need to adjust the legislative framework for "providing for use".