Мігруючі види диких тварин як об’єкт тваринного світу України

The issue of classifying migratory species of wild animals as objects of the animal world is examined in accordance with doctrinal definitions and legal terminology. The author presents and supplements a scientific definition of the term «animal world.» The term «wild animals» is analyzed, and their main characteristics are identified. Emphasis is placed on the generic affiliation of migratory animals to wild animals, and their specific biological features that are significant for the legal regulation of the protection, use, and reproduction of such species are highlighted. The state of natural freedom is necessary for migratory animals to meet their basic biological needs: appropriate temperature conditions of the surrounding natural environment, sufficient food resources, and safe places for reproduction. The spatial and temporal peculiarities of the life activity of animals that undergo migration are noted. It is substantiated that migratory species of wild animals live not only on the territories of different countries but also within the territory of Ukraine. The place of residence of such species depends on the trajectory and length of the migratory route. The territory of Ukraine can be either a part of the migratory path, its starting point, endpoint, or intermediate link, as well as a space beyond which the respective species moves for migration purposes. Attention is drawn to such objects of the animal world as parts of migratory species of wild animals and the products of their life activity. The concept of migratory species of wild animals as both a component of the animal world and its objects is differentiated. The Law of Ukraine «On the Animal World» identifies certain objects of legal regulation, such as the habitats and structures of migratory animals, their breeding grounds, bird nesting colonies, permanent or temporary animal aggregations, spawning areas, and migratory routes. These objects of legal regulation are not identical to the objects of the animal world; they are separate material assets that are subject to protection together with living organisms. It is concluded that migratory species of wild animals are both an integral part of the animal world and its objects, the protection, use, and reproduction of which are regulated by the Law of Ukraine «On the Animal World.» Their specific characteristics, such as the temporary nature of their residence in Ukraine and periodic cross-border movements, necessitate the separation of migratory animals as a distinct object of the animal world with special legal regulation.