For citation:
Anisimov A. P. The Legal Regime of the Animal Without the Owner (Stray Animals). Journal Izvestiya of Saratov University. Economics. Management. Law, 2019, vol. 19, iss. 4, pp. 415-421. DOI: 10.18500/1994-2540-2019-19-4-415-421
The Legal Regime of the Animal Without the Owner (Stray Animals)
Introduction. The article deals with the theory and practice of treatment of stray animals in the context of recent changes in the Russian legislation. Theoretical analysis. Terminology issues are investigated. The author also proves that the strategy of return of sterilized animals from animal shelters to their natural environment is groundless. The author justifies measures for development of legal responsibility for violation of the legislation on the treatment of stray animals, measures for registration of stray animals, importance of change of the state policy in the field of animal by-products, measures for development of ecological culture and education. Results. Stray animals (animals without owners) occupy a special place in the classification of wild and domestic animals, having an intermediate position. At the moment, Russia has adopted a package of laws clarifying the legal status of stray animals, but there is still some confusion in terminology and declarative procedures aimed at reducing the number of stray animals. Implementation of the measures proposed in the present study will reduce the number of stray animals, which will lead to the improvement of sanitary conditions in the cities, will reduce the risk of bites and diseases they may cause, will reduce the number of offences related to cruelty to animals, the number of road accidents involving stray animals and moral stress for children who have to watch stray cats and dogs suffering every day. Reducing the number of stray animals will also save taxpayers' money, since the burden of stray animal treatment on municipal authorities will be eased.
- V Volgograde brodiachie zhivotnye za god iskusali bolee dvukh tysiach chelovek (In Volgograd, stray animals have bitten more than two thousand people for a year). Available at: https://novostivolgograda.ru/news/city/28-09-2018/v-volgograde-brodyachi... (accessed 26 May 2009) (in Russian).
- Problema bezdomnykh zhivotnykh i puti ee resheniya. Spravka (The problem of homeless animals and ways of solving it. Summary). Available at: https://ria.ru/20090210/160875523.html (accessed 26 May 2019) (in Russian).
- Gorokhov D. B., Gorokhova Yu. V. Problems of legal regulation of relations on the content, use and protection of animals not related to the objects of the animal world. Zakonodatel’stvo i ekonomika [Legislation and Economics], 2015, no. 3, pp. 22–41 (in Russian).
- Model law “On the treatment of animals” (adopted at the 29th plenary session of the inter-parliamentary Assembly of CIS member States) (resolution no. 29-17 of 31.10.2007). ATP «Garant» [electronic resource] (in Russian).
- Capitina T. P. Procedural peculiarities of consideration of cases on the acquisition of the right of ownership to neglected animals. Yuridicheskie nauki: problemy i perspektivy [Legal science: problems and prospects. Materials of III Int. sci. conf. (Kazan, May 2015)]. Kazan, Buk Publ., 2015, pp. 87–95 (in Russian).
- Rakhimov I. I., Shamsuvaleeva E. Sh. Features classification of stray dogs. Vestnik ChGPU im. I. Ja. Jakovleva [Bulletin of I. Ya. Yakovlev Chuvash State Pedagogical University], 2012, no. 2, pp. 131–136 (in Russian).
- Korobko I. I. Mezhdunarodno-pravovye standarty blagopoluchiya zhivotnykh [International legal standards of animal welfare]. Thesis Diss. Cand. Sci. (Jur.). Kiev, 2016. 19 p. (in Ukraina).
- Agafonov V. Zaschitim zhivotnkyh ot zhestokogo obrascheniya [Protect animals from abuse]. Moscow, 2007. 87 p. (in Russian).
- On responsible treatment of animals and on amendments to certain legislative acts of the Russian Federation. Federal law of 27.12.2018 no. 498-FZ. ATP «Garant» [electronic resource] (in Russian).
- Vorobiev A. A., Miakonkiy R. V. Stray animals is a vital issue in large cities. Sotsiologiya goroda [Urban Sociology], 2011, no. 4, pp. 61–65 (in Russian).
- Berry C. A. Detailed Discussion of Legal Rights and Duties in Lost Pet Disputes. Available at: https://www.animallaw.info/article/detailed-discussion-legal-rightsand-d... (accessed 29 May 2019).
- LaCroix A. E. Detailed Discussion of Feral Cat Population Control. Available at: https://www.animallaw.info/article/detailed-discussion-feral-cat-populat... (accessed 28 May 2019).
- Zherebchikova O. N., Afonyushkin V. N. Some epizootic and ecological aspects of regulation of number of neglected animals. Pest-menedzhment (Pest management), 2008, no. 1, pp. 21–25 (in Russian).