How often have you seen dirty, exhausted cats and dogs on the street? A resident of Europe or America will probably say - infrequently. Whereas in Russia, every second sees this picture day after day. And now remember how sleek favorite pets look in apartments! The difference is in the human attitude to these defenseless creatures of nature. What the law implies under animal cruelty, where to turn, we will tell in the article.
What actions can be considered cruel?
The law under this category means harm, suffering to living beings on hooligan grounds, out of self-interest, with the use of sadism or in the presence of a minor.
To recognize actions as cruel, one of these signs is enough.
In many countries, including Russia, such an act is criminally punishable.
Specific actions can be expressed as:
- beatings;
- habitat destruction;
- non-compliance with the standards of detention, which entailed exhaustion, causing injuries, injuries to animals;
- torture;
- severe euthanasia (deprivation of life without special drugs);
- other inhumane actions.
It is also worth noting that in practice the category “animals” does not include all, but only the highest vertebrates: birds and mammals. Fish, amphibians, insects, reptiles do not belong to them. That is, if you slam a mosquito or crush a spider, an annoying cockroach, then these actions will not be regarded as cruel treatment of animals. Where to contact, if larger representatives of rodents (rats or mice) pester, most likely, many know - to the deratization service. Moreover, such activities, like disinsection, do not fall into the category under consideration, since they are aimed at protecting a person from harmful effects.
The following are not considered as ill-treatment:
- measures to prevent reproduction;
- euthanasia according to indications or without torment;
- epidemic destruction;
- legal hunting;
- self-defense (when attacking yard dogs and other animals).
What does the law say?
The need to protect animals was recognized only in the 20th century. In 1987, the European Convention for the Protection of Pets was adopted. The principles of the attitude towards our brothers were called the lesser the ban on inflicting suffering on them and on leaving them to their fate.
Among domestic legislation, one can distinguish articles prohibiting such actions:
- Civil Code of the Russian Federation (Articles 137, 241);
- Criminal Code of the Russian Federation (Article 245).
As you can see, the sources of law in this area in our country, alas, are very few. The topic has not been developed, there are a lot of gaps in the legislation, so the courts, when making decisions in such cases, are based on their inner conviction.
For comparison: since 2016 in the United States, a similar crime has been classified as serious, along with murders and arson, and the corresponding punishment is imprisonment, a fine of up to $ 100,000 (in Oregon for cruelty with aggravating factors), in some regions - treatment by a psychiatrist. A number of states have a public register of such sadists, and anyone can check to see if their neighbor is one of these individuals.
Since 1999, the Federal Law "On the Protection of Animals from Cruel Treatment", which probably has already been forgotten, lies in the State Duma.
Currently, special sites have been created on the Internet, so that residents do not even have a question: where to complain about cruelty to animals? For example, the site “Angry Citizen” directly redirects your complaint to the competent authorities, you can attach photographs to the appeal for clarity.
Criminal liability
So, you saw animal abuse: where to go? To begin, let's deal with responsibility. It is provided for by the Criminal Code of the Russian Federation; for the offensive, the existence of an offense under Article 245 of the Criminal Code.
The subject is a sane person from 16 years old. Persons under the specified age and mentally retarded who do not understand the significance of their actions shall not be liable.
The legislator sees only guilt as a form of guilt: direct (the person wants to do harm) or indirect (he realizes the ban, consciously allows, but does not want). Cases of sadism can be attributed to the first category when a person enjoys watching an animal suffer. An example of indirect intent is the usual mischief because there is nothing to do.
Motives: self-interest (forcing animals to participate in battles for the purpose of profit), hooliganism.
The subjective side is characterized by the following actions:
- revenge: the dog bit in the game, the owner beat her;
- accustoming to aggression: food deprivation for bitterness;
- status increase: the animal is used as a target for shooting a gun;
- breaking the law for fun: torturing in public;
- sadism: a person’s mentally unhealthy behavior in order to enjoy illegal actions.
The object in this case is the morality of society as a whole, which is associated with the human relationship with animals. The subject is wild and domestic animals.
The objective side is the commission of actions (inaction), the onset of the result (injury, death), the presence of a causal relationship between them.
An example of inaction can be left in the cold, without food, water, etc. To account in this case, you can bring only the person who was responsible for the maintenance of the animal.
Punishment
Type of punishment | Crime caused death, trauma to the animal | Done by a group of persons, organized crime groups, by conspiracy / with juvenile / sadistic methods / with a demonstration to the public / in relation to more than one animal |
Fine | Up to 80,000 | 100,000 - 300,000 rubles. |
Deprivation of other income | For a period of up to 6 months | 1-2 years |
Mandatory work | Up to 360 hours | |
Correction Work | Up to a year | Up to 2 years |
Restriction of freedom | Up to a year | |
Arrest | Up to 6 months | |
Forced labor | | Up to 5 years |
Deprivation of liberty | Up to 3 years | 3-5 years |
Protection
If you become an eyewitness to an unpleasant scene of torturing an animal, the question immediately arises: where to complain about animal cruelty? This is already good, which means you are an indifferent citizen. For future proof of their position, it is better to immediately film the crime process.
Then you need to contact the nearest police station with a statement. It can be either oral or written.
In any case, it must be registered with the KUSP, and a ticket is issued to the applicant. When submitting, it is necessary to write a statement of responsibility for knowingly false denunciation. Verification of the application is carried out within 3 days, the period may be extended. During this period, the police may request a video from you.
Based on the results of the review, the following procedural decisions can be made:
- UD is started and investigated further;
- materials are transferred by jurisdiction;
- They refuse to initiate proceedings.
Injustice Complaints
In case of disagreement with the decision taken, as well as in the case of non-receipt of the answer, the applicant may complain to a higher authority - the prosecutor's office or the court. Anonymous complaints are not considered by law.
Protecting animals from abuse: where else to go? Along with the police, you can also go to special public organizations. They resonate in the media, the case is made public, the perpetrators are brought to justice.
An example is the Astrakhan region. There, residents boldly turn to the help of the media, publish mass cases of harm to pets, which is why Astrakhan citizens ask about animal cruelty - where to turn to is very rare. So, in 2016, the Komsomolets Caspian newspaper published a brutal case of the mass destruction of unsold kittens from the bird market. Thus, future cases of cruelty to animals were suppressed, the police took control of the situation.
The experience of other countries
And what about the states of Europe and the USA regarding animal cruelty: where to go there?
There are no homeless animals in the Netherlands. The reason for this is reasonable legislation: in the country there is a special law on the rights of smaller brothers. He prescribes a strict punishment for such crimes (prison + fine), in addition, there are high taxes on pets so that people think before starting another toy.
Germany is the first state in the world to regulate the rights of our smaller brothers at the highest level - in the Constitution. There are special organizations for the protection of pets, therefore, a similar question about animal cruelty - where to go, rarely arises. Euthanasia of healthy individuals is prohibited in the country, taxation is in force in this area, there are state shelters, compulsory lessons are held at the school.
In Italy, you can be punished with a fine for insufficient walking of a dog, criminal liability threatens an abandoned dog or cat, you can’t dye your coat and stop your tail.
In Austria, you can’t keep a dog on a chain, use wild animals in a circus, in addition, the state has the right to take your pet away from you.
In India you will not find dolphinariums - the rights of this creature are protected by law.
Switzerland has a leading position in the protection of animal rights. Here, even in legal proceedings, animal rights are taken into account, for example, in case of divorce of spouses. Animals, unlike Russia, are not considered as things. They are not valued at market value.
In the Czech Republic there is a hotline for animal cruelty, where anyone who has witnessed even just a lonely dog ​​without a master is allowed to call.
In the United States, you cannot have more than 9 animals; work is underway to sterilize pets in accordance with law.
In Greece, a citizen can send an animal that does not want or cannot contain to a state shelter. In case of abuse, the prosecutor may seize the pet and prohibit them from having them in the future.
Basically, the rights of animals abroad are upheld by the police.
What do we need to change with us?
Summing up the foregoing, it should be noted how dramatically different is the legislation on animal rights in Russia and other countries.
In our state, animals simply do not have rights, since the Civil Code ranks them among the things that a person is free to dispose of. Attitude to pets is not like living creatures, but as household items - this is the root of all evil. We are used to the fact that living things should be convenient for us, without the hassle and worries. After all, if a thing does not suit us, you can throw it away, sell it or change it. So our people do with animals, and if they are objectionable, aggression can be removed. It seems that the fundamental change lies in the elimination of the above reasons, i.e., first of all, in a significant change in the legislative framework, by analogy - the introduction of compulsory lessons in schools, taxation, the issuance of permits, the collection of fees for registering animals and the allocation of these funds for the creation of state shelters. And then you are unlikely to often hear the phrase: "I saw animal abuse: where to go?"
If you also witnessed the heartbreaking scene of torture, causing any harm to the animal, do not pass by, do not be indifferent! They so need our protection.