Legal and procedural framework for wildlife damage compensation in the Republic of Moldova – challenges and mechanisms
Evghenia Gugulan
a:1:{s:5:"pl_PL";s:60:"Academy „Ștefan cel Mare” of MIA of Republic of Moldova";} , Moldova, Republic ofIgor Trofimov
Academy „Ștefan cel Mare” of Ministry of Internal Affairs, Moldova , Moldova, Republic ofhttps://orcid.org/0009-0009-1075-5224
Luminita Diaconu
Academy of Economic Studies of Moldova , Moldova, Republic ofhttps://orcid.org/0000-0002-6736-6344
Abstract
The animal kingdom represents an essential component of ecosystems, and its destruction greatly affects the global natural balance. In the Republic of Moldova, there are animal species protected by law, and the damages caused to them could also have serious consequences on the existing biodiversity balance. The central objective of this thesis is to ascertain the legal and practical ramifications of the process for rectifying harm inflicted upon the animal kingdom within the borders of the Republic of Moldova. This subject matter is distinguished by its unique particularities when juxtaposed with the realm of civil damages. The legal framework governing this domain is characterised by its specificity, precluding the possibility of exoneration for the perpetrator, embracing objective liability principles, and establishing compensation as the sole means of redress. This legislative framework is designed to safeguard biodiversity and ecological equilibrium. The research methodology is applied to compare the legal and procedural framework for repairing damage to animals in Moldova, identify gaps and propose ways to improve legal mechanisms for protecting and compensating ecological damage. This research topic will contribute significantly to effective identification of effective mechanisms in order to prevent acts damaging the animal kingdom.
At the same time in the proposed study the authors will analyse the national regulations on the protection of the animal kingdom, and will also as well as examining the applicability of legislation in the context of procedural reparation of damage caused to the animal kingdom and wildlife components. In this context, we will provide a comprehensive set of proposals of de lege ferenda in order to optimise and improve the regulatory framework for the reparation of damages caused to the animal kingdom.
Keywords:
environmental law, civil law, wildlife damage, procedural law, liability, compensation, biodiversity, ecosystem protection, public interest litigationReferences
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a:1:{s:5:"pl_PL";s:60:"Academy „Ștefan cel Mare” of MIA of Republic of Moldova";}
Academy „Ștefan cel Mare” of Ministry of Internal Affairs, Moldova https://orcid.org/0009-0009-1075-5224
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