Publication date: 10.07.2024
Liability for violation of hunting services rules
Hunting tourism is a popular form of leisure and recreation that attracts both local residents and foreign visitors. The provision of hunting services includes organising and conducting hunts, providing proper equipment and conditions for hunters. At the same time, this area of activity is regulated by a number of legislative acts aimed at ensuring safety, compliance with environmental standards and consumer protection. Violation of the established rules can lead to serious consequences and liability for the organisers of hunting tours. In this article, we will consider the main aspects of liability for violation of hunting services rules, the regulatory framework, types of liability and the procedure for bringing to liability.
Regulatory and legal framework
The provision of hunting services in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Hunting and Gaming":
- The main law defining the legal, organisational and economic principles of hunting management, setting requirements for organising and conducting hunting, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for hunting grounds, wildlife protection and environmental safety.
Law of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for the protection of consumer rights, including those of hunters, establishes consumer rights, obligations of service providers, and the procedure for complaints and consumer dispute resolution.
TheLaw of Ukraine "On Licensing of Economic Activities":
- Regulates the licensing of hunting activities, establishes requirements for entities providing hunting services and mechanisms for controlling their activities.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on hunting and game management.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for offences in the field of hunting, including poaching, illegal hunting and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules for Hunting and Hunting Management":
- Establishes detailed rules for hunting management, the procedure for organising and conducting hunts, requirements for equipment and safety of hunters.
Main violations of the rules for the provision of hunting services
The main violations of the rules for the provision of hunting services may include:
Illegal organisation of hunting:
- Organisation of hunting without an appropriate licence or permit, hunting during the prohibited period or in prohibited places.
Failure to complywith safety rules:
- Violation of safety requirements during the organisation and conduct of hunts, which can lead to injury or death of hunters or other persons.
Inadequatequality of services:
- Provision of services that do not meet the established quality standards, non-compliance with the terms of the contract between the client and the organiser of hunting services.
Violation ofconsumer rights:
- Refusal to provide information about services, deception regarding the quality or cost of services, failure to fulfil warranty obligations.
Poaching:
- Illegal hunting of animals listed in the Red Data Book of Ukraine or hunting without a permit for the extraction of animals.
Violation of environmental standards:
- Failure to comply with environmental standards and requirements for the preservation of the natural environment, causing damage to wildlife and natural resources.
Types of liability for violation of hunting services rules
Violations of the rules for the provision of hunting services can lead to various types of liability: administrative, civil and criminal.
Administrative liability:
- Administrative liability is incurred for violations of hunting and game management legislation, non-compliance with quality standards, violations of consumer rights and other administrative offences. Sanctions may include fines, warnings, and temporary suspension of a business entity.
Civil liability:
- Civil liability is incurred in the event of material or moral damage to clients as a result of improper provision of hunting services. Clients have the right to seek compensation through the courts. Liability may include compensation for material damage (cost of improperly provided services, treatment costs, etc.) and non-pecuniary damage (humiliation, mental stress).
Criminal liability:
- Criminal liability is incurred for committing crimes such as poaching, illegal hunting, and violations of safety rules that result in serious consequences for the health or life of clients. Sanctions may include fines, imprisonment, and a ban on certain activities.
Procedure for bringing to liability
The procedure for holding business entities and their employees liable for violations of the rules for the provision of hunting services depends on the type of violation and the form of liability:
Administrative procedure:
- Administrative offences can be detected during inspections by regulatory authorities (State Ecological Inspection of Ukraine, State Service of Ukraine on Food Safety and Consumer Protection) or following complaints from customers. If violations are detected, an administrative report is drawn up and reviewed by the competent authority. After reviewing the protocol, a decision is made to impose administrative sanctions.
Civil procedure:
- In the event of material or moral damage, clients may file a lawsuit for damages. The court examines evidence of improper hunting services, hears witnesses, and conducts expert examinations to determine the amount of damage. The court makes a decision on compensation for damages.
Criminal procedure:
- In the event of a crime in the field of hunting, victims or other interested parties may file a criminal complaint with law enforcement agencies. Law enforcement agencies conduct investigations, collect evidence, and question witnesses and suspects. If the fact of a crime is established, the case is referred to the court for consideration. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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