Innovations in the Belarusian legislation
Animals – Pets, Pets, animals used in cultural events, service animals, laboratory animals, wild animals (article 1 of the “model law “About the treatment of animals”, the decree of the Council of the Interparliamentary Assembly of States-participants of the Commonwealth of Independent States of 31.10.2007, №29-17).
Animals – mammals, birds, reptiles, amphibians, fish, insects, mollusks, worms, and other organisms that feed on ready organic substances are capable of active movement, which provides the vital functions of the digestive, excretory, respiratory and nervous systems (article 1 of the Law of the Republic of Belarus “About veterinary activities”).
Cruelty to wild animals – the extraction of wild animals in distress, destruction of wildlife habitats, except for the cases stipulated by this Law and other legislative acts, the beatings, the torture of wild animals and other actions (inaction) contrary to the prescribed rules and accepted the social norms of humane treatment of animals (clause 19 article 1 of the Law of the Republic of Belarus “On fauna”).
The problem of counteraction to cruel treatment of animals stands out not only at the level of national legislation of Belarus, but also at the level of individual international legal instruments.
Example of international legal counteraction to cruel treatment of animals is a Model law “About the treatment of animals” approved by the decree of the Council of the Interparliamentary Assembly of States-participants of the Commonwealth of Independent States from 31.10.2007 G.
In the near future, this model law can serve as legal basis for development and adoption in Belarus of a new legislative act setting out the legal framework for the treatment of animals, protect them from abuse, safety and other rights and legitimate interests of citizens when dealing with animals.
The current legislation of the Republic of Belarus pays considerable attention to the normative legal regulation of the provisions related to humane treatment of animals and not with the assumption of the Commission in respect of their various atrocities (beatings, torture etc.).
Article 137 of the Civil code of the Republic of Belarus provides that for animals, the rules about property so far as otherwise provided by law or otherwise follows from the peculiarities of this object. In the exercise of rights to prevent cruelty to animals, contrary to the principles of humanity.
In accordance with paragraph 2.6 paragraph 2 of article 18 of the Law of the Republic of Belarus “On fauna” users of objects of fauna to protect wild animals are obliged to prevent ill treatment of wild animals.
Until recently for cruelty to animals provided for administrative responsibility, which served as the most stringent forms of responsibility, followed by the application of appropriate types of administrative sanctions.
According to the articles 15.45. Code of the Republic of Belarus on administrative offences for cruel treatment of animals which entailed their death or injury, as well as the torture of animals is subject to administrative liability in the form of a fine in the amount from ten to thirty basic values or administrative arrest.
In law enforcement practice under abuse refers to the systematic beating of the animal, the infliction of physical pain, incite each other, and the organization of fights, training, coupled with anguish, abandonment without food or water, content in the cold or heat, wounding, mutilation, conducting scientific experiments, the infliction of unnecessary suffering in scientific experiments, painful method of killing, etc., in which occurs the death of the animal or caused him injury.
The law of the Republic of Belarus dated 05.01.2015, No. 241-W, in the criminal code of the Republic of Belarus introduced a new article 339-1, which provides for criminal liability for cruelty to animals.
The first part of article 339-1 of the Criminal code of the Republic of Belarus provides for criminal liability for cruelty to animals, which caused his death or injury, hooligan, mercenary or other base motives or knowingly in the presence of a minor. For Commission of this crime provides for the following punishments: community service, a fine, corrective works for the term up to one year, or arrest.
It should be noted that under hooligan motives refer to the motives, expressing the desire of the perpetrator to show a clear disrespect to society and demonstrate a disregard for generally accepted rules for living (part 11 of article 4 of the Criminal code of the Republic of Belarus).
Under selfish motives refer to the motives, characterized by the desire to extract from the crime for themselves or a loved one the benefit of property character or the intent to rid yourself or loved ones from material costs (part 10 of article 4 of the Criminal code of the Republic of Belarus).
In law enforcement practice under the basest motives is the motivation, the driving force of which are different forms of manifestation of extreme selfishness, has a negative moral-ethical assessment (revenge, jealousy, malice, envy, conceit, cowardice, cowardliness, etc.).
Under minor means a person who on the day of the offence has not attained the age of fourteen years (part 7 of article 4 of the Criminal code of the Republic of Belarus).
The term “knowingly” means a sign indicating that the person committing the crime, known legally significant circumstances provided by the Criminal code of the Republic of Belarus (part 14 of article 4 of the Criminal code of the Republic of Belarus).
Part two 339-1 of the Criminal code of the Republic of Belarus contains two characteristics that increase criminal liability for committing this offence is repeated and the Commission of crime by group of persons. For the Commission of this crime provides for the following penalties: arrest, restriction of liberty for a term up to one year or imprisonment for the same term.
According to part 1 of article 41 of the Criminal code of the Republic of Belarus under the repeated crime of committing two or more offenses under the same article of the Special part of the Criminal code of the Republic of Belarus.
According to part 1 article 17 of the Criminal code of the Republic of Belarus a crime is considered committed by a group of persons, if two persons jointly participated in the Commission of this crime as his executors (companiesto).
The introduction of criminal liability for cruelty to animals is a positive step and a logical continuation of the legislative counteraction in the Republic of Belarus such unlawful, and now criminal acts associated with the manifestations of individual acts of cruelty towards animals around us.
For meditation: Citizen Vasiliev in December 2014 in the house yard air rifle shot and killed one cat and three pigeons. He in January 2015 being in an alcohol intoxication struck the dog with a knife multiple incised wound in the abdomen from which she died. Is it possible to involve the citizen Vasilyeva for the acts committed by them to the responsibility envisaged by the law?