Article uk abuse of animals. Analysis of crimes related to cruelty to animals

Since primitive times, humanity has constantly been faced with the need to resolve issues relating to the morality of society. Practice shows that people sometimes tend to forget about any moral principles. Article 245 of the Criminal Code of the Russian Federation is one example of a legal solution to conflicts arising on this basis.

Attitude towards animals

People sometimes do things that are difficult to explain in terms of morality and decency. In such a situation, they oppose themselves to society and the laws by which it lives. Every person should respect everything around him. But sometimes, in a fit of aggression or for some other reason, he takes out his anger on those who are obviously weaker and cannot fight back. Article 245 of the Criminal Code of the Russian Federation tries to solve one of these problems. We are talking about cruelty towards animals. This refers to acts that result in severe injury or death.

Oddly enough, but recently such situations have arisen more and more often. In addition, Part 1 of Article 245 of the Criminal Code of the Russian Federation provides clarification regarding the circumstances under which such actions are committed. It says this can happen:

1. From when a person mocks and makes a living being suffer for no apparent reason.
2. For reasons of self-interest. This refers to obtaining material benefits (organizing competitions or betting on fights).
3. Using sadistic methods, when an animal is tortured, causing it severe suffering.
4. When small children are nearby (if the villain acts in the presence of a child under 14 years of age).

Any of the above circumstances is in itself an offense. Responsibility occurs at the moment when a real victim is present (the corpse of an animal or its body with characteristic injuries).

Fair retribution

People who commit such acts are popularly called “flayers.” The attitude towards them in society is extremely negative. That is why the law provides for certain types of punishment for such subjects. All of them are set out in Article 245 of the Criminal Code of the Russian Federation. If one person is guilty of the crime committed, then, in accordance with Part 1, he may face:

• a fine, the amount of which may not exceed 80 thousand rubles, or all types of a citizen’s income for a period of up to 6 months;
• 360 hours of compulsory work;
• up to a year or complete imprisonment;
• arrest, but not more than 6 months.

To some, such measures may seem too harsh. But in this case, the law sets itself three goals:

1. Punishment of the offender for the offense he has committed.
2. Education of the culprit so that this does not happen again.
3. Edification to others.

Having achieved all this, one can expect that society will become more moral and will follow strict moral principles.

Who does the law protect?

Some people are not entirely clear who exactly is protected by Art. 245 of the Criminal Code of the Russian Federation? Based on its very name, it is already clear that we are talking about animals. Moreover, the issue of ownership does not matter here. They may belong to:

• the direct culprit;
• to another private person;
• to the state;
• to anyone, that is, to be wild or homeless.

Before the law, in this case, all living beings are the same. Each of them must be treated accordingly. But it is worth clarifying that Art. 245 of the Criminal Code of the Russian Federation concerns only vertebrates such as mammals and various birds, which belong to the highest class. Others, such as fish, reptiles and amphibians, do not belong here. Although this does not exclude the need to observe the same moral standards in relation to them, within reasonable limits. In addition, it must be taken into account that cruel treatment can be expressed not only in a specific action. It is clear that systematic beating or other torture is completely unacceptable.

But sometimes human inaction can also lead to serious consequences. If, for example, you leave an animal locked up without food or drink, then its death will be long and painful. A creature caught in a trap experiences no less suffering. That is why this method of hunting is prohibited by law. There is another serious offense - failure to provide assistance. It also applies to animals and is subject to punishment after appropriate proceedings.

Collective crime

A separate paragraph is highlighted in Article 245 of the Criminal Code of the Russian Federation for crimes committed not by one person, but by a whole group of persons.

This only increases their guilt and provides for a more severe punishment:

• a fine for each participant in the incident from 100 to 300 thousand rubles, and, if necessary, in the amount of wages and all possible types of income of the convicted person for a period of up to 2 years;
• forced labor or imprisonment for the same maximum period;
• compulsory work, the duration of which can reach 480 hours.

This is quite fair. The size of the punishment will depend on the circumstances under which the group crime was committed. As practice shows, this can happen:

• spontaneously;
• by prior agreement.

If in the first case unplanned actions of citizens take place, then in the second the offense turns into a pre-planned action. This is no longer a simple hooligan prank where everything happens by chance. The collective nature of the crime suggests that people are clearly aware of both their actions and the harm they cause to a defenseless living being.

Qualification of the crime

Any illegal acts committed by citizens against animals are subject to punishment in accordance with Article 245 of the Criminal Code of the Russian Federation. The commentary to it provides detailed explanations of the main legal concepts and terms related to this issue.

The first thing you need to remember is that the object of this violation is the animal itself. It was in his direction that human cruelty was directed. The objective side is considered to be the actions that are performed in relation to it. They must necessarily contain a constructive sign in the form of injury or death of a living creature. The subjective side is a kind of intent. It can be direct when the citizen clearly understands what suffering the target will experience. There is also indirect intent. In this case, a person consciously allows circumstances to lead to such consequences, or simply indifferently observes what is happening before his eyes. In both cases, guilt occurs precisely when the consequences of cruel torture are visible or the animal died, unable to withstand the torture.

One of the violations of Russian legislation is animal cruelty. The article for this provides not only administrative, but also criminal liability. The punishment is due to ever-increasing cruelty towards “our smaller brothers.” Stories often reported in the media often result in injury and even death.

Are there any penalties for cruelty to animals?

Unlike many countries, the article for cruelty to animals in the Russian Federation does not provide for liability for cruelty towards representatives of the animal world. But the punishment is prescribed in many regional regions of the country. And cruelty to animals can be considered an administrative offense.

Administrative responsibility in different regions

For example, for setting one pet against another. Moreover, if the injured animal was injured or died, the guilty person may be punished with a fine of 4,000 to 5,000 rubles. Similar liability arises if the pet is injured or killed under other circumstances.

In St. Petersburg, fines are provided for people transporting animals or birds in ways that worsen the well-being of animals or birds. Administrative offenses also include actions such as deprivation of food and water, and conducting painful experiments. If the above causes injury or death to animals or birds, then individuals are fined up to 5,000 rubles, and legal entities - up to 100 thousand rubles.

In Nizhny Novgorod, the article of the Code of Administrative Offenses for animal cruelty has undergone some changes, which were additionally introduced in the summer of 2015. According to them, those guilty of docking tails, cropping ears and removing fangs and claws from animals can be fined if the listed actions were committed without the presence of a veterinarian. In this case, a monetary penalty of up to 5,000 rubles is imposed on an individual, and up to 40 thousand rubles on a legal entity.

In Primorye there is a law prohibiting cruelty to animals. The article states that it is prohibited to catch, breed or kill pets for the subsequent use of their body parts (meat, skin, bones, etc.). Additionally, the law states that it is prohibited to promote aggression towards other domestic animals.

In Kuban there is simply a law according to which all pets must be officially registered and have a special chip. The pet owner is obliged to immediately complete the necessary documents for the animal. Then all this data is entered into an electronic database. But administrative liability is not prescribed for violation of this law.

Criminal liability for cruelty to animals

In Russia, cruelty to animals is punishable by law (Article 245 of the Criminal Code of the Russian Federation). Most often it is used when regions do not have their own. According to the Criminal Code, cruel treatment is punishable if:

• human actions caused injury, injury or death to an animal;
• there was a hooligan motive, selfish motives or sadistic methods were used;
• Young children were present when the animal was killed.

It turns out that even if the animal was repeatedly hurt (constant beatings, etc.), a person cannot be held criminally responsible if his actions did not result in the death or injury of the pet.

First changes in legislation

Therefore, some changes were made to the legislation. In 2009, in Art. Part 1. Punishment for cruelty to animals appeared (the article in the first part provides for liability for one person) in the form of a fine of up to 80 thousand rubles, correctional labor or restriction of freedom for up to one year in both cases. In Art. 245 of the Criminal Code of the Russian Federation, part 2. (for a crime committed by a group of persons) an amount of up to 300 thousand rubles is recovered from them. or imprisonment for up to two years.

In 2010, the types of punishments remained unchanged, but correctional labor in the first part of Article 245 of the Criminal Code of the Russian Federation was changed for a period of up to 180 hours and added to the second part for a period of up to 240 hours. In 2011, Article 245 of the Criminal Code of the Russian Federation was revised again. The penalties remained the same in both parts. But the time period of 1 hour has changed - to 360 hours.

New bills

Recently, information has increasingly appeared about flayers torturing pets and homeless four-legged animals. Therefore, the article of the Criminal Code for cruelty to animals began to be carefully revised. Options are proposed for bringing to administrative responsibility those who cause animals and birds not only physical, but also moral suffering (restriction of movement, deprivation of food and water, etc.). Estimated fines for this for individuals range from 1,000 to 3,000 rubles, and for legal entities - up to half a million.

In 2016, A Just Russia proposed:

• introduce responsibility for fighting with the participation of representatives of the animal world;
• introduce a punishment for the killing of animals into the Criminal Code of the Russian Federation;
• increase the penalties for cruelty to pets to 800 thousand rubles.

Somewhat earlier, it was also proposed to make amendments to the legislation. For example, oblige the guilty person to compensate for the therapy and rehabilitation of a crippled animal. It is proposed to punish for the promotion of animal husbandry, up to and including restriction of freedom. And also to tighten penalties for repeated crimes when cruelty to animals was committed.

1. Cruel treatment of an animal for the purpose of causing it pain and (or) suffering, as well as for hooligan or selfish motives, resulting in its death or injury:

• shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by restriction of liberty for a term of up to one year. , or arrest for a term of up to six months, or imprisonment for a term of up to three years.

2. The same act committed:

• a) by a group of persons, a group of persons by prior conspiracy or an organized group;
• b) in the presence of a minor;
• c) using sadistic methods;
• d) with public demonstration, including in the media or information and telecommunication networks (including the Internet);
• e) in relation to several animals:
• shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by correctional labor for a term of up to two years, or by forced labor for a term of up to five years, or by imprisonment. for a period of three to five years.

Comments to Art. 245 of the Criminal Code of the Russian Federation

1. The immediate object is public morality in the field of humane treatment of animals, which means domestic, wild and captive mammals and birds.

2. The objective side of the crime consists of actions consisting of cruelty to animals, i.e. in their systematic beatings, inhumane conditions of detention (in cold or heat), in long-term deprivation of food and water, etc.

A constructive sign of the objective side is the consequences in the form of death or injury to an animal that has been subjected to cruel treatment. On this basis, the organization of dog, cock and other fights that lead to the death or injury of animals should also be recognized as cruel treatment.

3. A prerequisite for criminal liability for cruelty to animals is (regardless of the motives of the perpetrator) the commission of this act using sadistic methods, which are understood as particularly humiliating methods of causing suffering to animals, or its commission in the presence of minors, i.e. . persons under the age of 14 years.

4. The crime is considered completed from the moment the consequences specified in the law occur - the death or injury of the animal.

5. The subjective side of the crime is characterized by intent: the perpetrator realizes that he is subjecting an animal to cruel treatment, foresees the possibility or inevitability of its death or injury and wants to cause such consequences (direct intent) or consciously allows them to occur or is indifferent to this (indirect intent).

6. Alternatively, the mandatory features of a crime are its motives: if the act was committed without the use of sadistic methods and not in the presence of minors, then it is criminally punishable only if there are certain motives - selfish or hooligan.

7. Selfish motives are typical when organizing fights between animals, when spectators are charged a fee or bets are accepted on the winner.

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They look into our eyes with love...

No! No! I'm not ready to kill

Homeless puppies and kittens

I'd rather bring them some bread

And I’ll build a booth out of boards.

Wherever you go, wherever you are -

I won’t betray them, I won’t kill them!

Cruelty to animals, despite the fact that it is punishable in the Criminal Code and the Civil Code of the Russian Federation, has recently assumed the scale of a global problem. During December 2014 alone, more than 300 cases of various tortures of pets were recorded in cities of the Russian Federation. Not only domestic animals are subjected to violence, but also representatives of wildlife, including those listed in the Red Book.

Comes from childhood

Most maniacs, murderers, and rapists, even at a young age, mocked their “little brothers” with impunity. Society often does not focus on such episodes, attributing them to the fact that children are rarely aware of the acts they commit.

Meanwhile, after closer communication with such teenagers, it becomes scary how much genuine pleasure they receive from each individual case of their own violence. Seeing helplessness and suffering is the goal of young torturers.

However, in a loving family, where a tender attitude prevails over rudeness and conflicts, cases of cruelty to animals by children are rather nonsense. They are usually associated with serious mental disorders that require immediate treatment.

Responsibility for cruelty

In Russia, legislation defines domestic animals as property - an object of law. The only action that is prohibited even for the owner is cruelty to his pet. But, apparently, not wanting to spoil the statistics, the police rarely accept statements from citizens who report cases of bigotry known to them. As a result of such irresponsible attitude of government officials, the number of tortured animals increases many times over every year.

Russian legislation is imperfect and is periodically updated with new legal acts. Responsibility for cruelty to animals occurs in accordance with the texts of some articles of the Criminal Code and the Civil Code of the Russian Federation.

Crime and Punishment

“Angry as a dog!”

Examples of cruelty to animals are found everywhere. The media is full of various photographs, articles, and comments about bullying and reprisals. The most recent savage example is the dismembered carcasses of Ussuri tigers, discovered in mid-January 2015. The criminals, who own an elite Korean restaurant, settled in the center of Moscow and were detained during a surprise inspection.

The problem of cruelty to animals is widespread not only in Russia, but also in other countries. Thus, in Denmark, a small giraffe was recently publicly massacred. 50 children were invited to the execution! with parents. The worst thing is that the event was condemned only in Russia. The rest of the world found no evidence of cruelty. It's just that the giraffe was born with a marriage - bad luck.

The children filmed the whole process on their phone cameras, everyone tried to come closer to look at the dead giraffe. What kind of mercy can we talk about when the murder of a defenseless creature is turned into a performance, display, show? A society that supports and promotes such an attitude is moving in giant leaps towards extinction. Anyone who is amused today by cruelty to animals (photo below) will tomorrow laugh at a person dying in severe agony.

And again Copenhagen...

The poor giraffe was fed to a pride of lions. He, being defective, was not given to other zoos, which literally begged for it. Graceful Marius, like cattle, was raised “for meat.”

But the cruelty to animals at the Copenhagen Zoo didn't end there. Another savagery amazed and shocked even the Danes who watched the death of the young giraffe. It started with the fact that the zoo ordered a new breeding lion, and four males, who were tearing apart the warm carcass of Marius a month ago, were killed in cold blood. They dealt with them for a simple reason: cats were no longer needed.

City residents promised the director of the zoo personal reprisal if the killing of animals was repeated. How serious this threat was is not known, but every joke contains part of the truth.

Poor Masha

In Fryazino, not far from Moscow, a so-called “baiting station” operates on completely legal grounds, where wild animals are abused openly and with impunity. Poor old bear Masha, a former circus performer, is forced to endure constant, daily bites from fighting dogs. The “animal cruelty” clause simply doesn’t work here!

How is everything going? For the employees of this slaughterhouse, it’s ordinary and boring. The bear is tied on a chain in the center of the training ground. The owner of the dog and life pays an unfortunate 5 euros so that the dog can gnaw on “live bait”.

Foxes and raccoons suffer along with Masha. They are chased around the site, pulled out of holes made by human hands (or non-humans?), by the same fighting dogs... After the “work”, the weakened live baits are pushed into small cages, where they, hungry, scared, hunted, lick the wounds on their bitten paws and tails.

Cruelty to animals at such stations is part of the norm. Small groups of “green” activists are trying to achieve justice, but so far the law, alas, is not on their side.

The highest being is civilized man. What is his great position? In the power of weapons? In impunity for the cruelty committed? True strength lies naturally in mercy and empathy. Dogs feed kittens with their milk, dolphins save drowning people. Why does a person, as on Golgotha, watch with curiosity the suffering of those who, bleeding, do not cease to love him?..

Isn't it time to stop and look back before it's too late?

syl.ru

The subject of this crime is animals. Animals mean higher vertebrates - mammals and birds. For the purposes of this article, animals do not include fish, invertebrates, reptiles, and amphibians. It does not matter who they belong to - the state, a private person or the culprit himself, or whether they are wild or homeless, i.e. belong to no one.
Cruelty to animals is causing them pain, physical suffering, for example beating the animal or using it for all kinds of fighting. Cruel treatment may also consist, for example, of torturing an animal (systematic beating), other violent acts (sectioning, tearing out hair or other mutilation, strangulation, tying up limbs, etc.), including torture (abandonment an animal without food and water, in a cold or hot (stuffy) room or in other conditions harmful to the animal;
According to Art. 245 of the Criminal Code should qualify the use of animals for organizing tournaments, when they are set against each other and fight to death (for example, dog and cockfights, bullfights).

The objective side of the crime is expressed in cruelty to animals, resulting in their death or injury. This is one of the weakest parts of the law, i.e. if the animal was hungry, thirsty, or beaten, but remained alive and well, then the article cannot be applied. It is necessary to establish a connection between the abuse and the resulting consequences, i.e. death or injury. Mutilation should be understood as such damage to an animal that is associated with a violation of its anatomical integrity or irreparable disfigurement of appearance
A crime can be committed either by action or by omission. The action is systematic beating, a painful method of causing death, use for competitions (fighting dogs, cockfights), pitting animals against each other. Cruel treatment in the form of inaction - deprivation of animals of food, water, failure to provide assistance to patients caught in a trap, etc. The use of prohibited methods of obtaining animals: using traps, explosives, chemicals, electric currents, gases can be considered as cruel treatment. It does not constitute cruelty to animals to remove them during hunting for meat or skins, for sanitary and epidemiological reasons, which is carried out without unnecessary suffering. Liability for cruelty in the form of omission is possible only if the person had a duty to care for the animal, therefore, first of all, we are talking about farm animals and other animals kept in captivity.
It must be borne in mind that criminal liability may arise if cruel treatment is committed for hooligan reasons, or for selfish reasons, or using sadistic methods, or in the presence of minors.
Hooliganism is a gross violation of public order, expressing clear disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property. Hooligan motives consist of the desire to challenge society by disregarding generally accepted standards of morality and humane treatment of animals. Hooligan urges, as a rule, are accompanied by causeless abuse and mutilation of strangers or stray animals.

Sadism means a pathological desire for cruelty and taking pleasure in the suffering of others. The use of sadistic methods is expressed in the application of special torment and suffering to the animal, which, as a rule, is of a lasting nature: burning alive, suffocation, self-mutilation, skinning, etc.
Selfish motives are the desire to obtain benefits of a property nature (for example, to receive income from the sale of skins, animal meat, to eat animal meat).
The crime in question can be committed with various combinations of motives. For example, from selfish motives combined with sadistic ones. In such cases, the deed is considered as one,
Juveniles are children under 14 years of age.
In this case, it is necessary to establish that the perpetrator was aware of the presence of the minor and that he understood the significance of what was happening. Thus, cruelty to animals in the presence of infants does not constitute a crime.
Only a person over 16 years of age can be held liable under this article.

The crime is most often committed with direct intent. The person is aware that he is cruel to animals, using sadistic methods, or that he is doing this for selfish reasons or in the presence of minors, foresee that as a result of this the animal will die or be injured, and wants these consequences to occur.
A crime can also be committed with indirect intent. The person is aware of the social danger of his actions - cruelty to animals through sadistic methods, cruelty for selfish motives, in the presence of minors, foresees that as a result of this the animal will die or be injured, does not want, but consciously allows these consequences or treats they don't care.

In summary, we give a brief summary of everything that has been said. A person can be held criminally liable for cruelty to animals if three elements are present: 1. Cruelty occurred. 2. There was death or injury to the animal. 3. There was at least one condition from the list: a) hooligan motives b) selfish motives c) sadism d) the presence of minors. If at least one of these components is missing, you can give up in powerlessness. If, in our opinion, all three of them are available, we proceed further.

You should keep in mind and know that it is often parallel to actions. Actions that can be qualified as cruelty to animals are committed that qualify under other articles.

pravo-zoozahita.ru

Animal husbandry is a huge problem for the entire society. Not only homeless animals, but also pets suffer from abuse that occurs daily or hourly. The solution to this problem is found in the Criminal Code, but there are significant gaps in Article 245.

Higher mammals and birds are the subject of crime, which cannot be said about amphibians, fish, invertebrates and reptiles. Based on the meaning of the article, they have nothing to do with animals. In addition, it does not matter whether the pet is a pet or a stray, belongs to the state or the perpetrator - responsibility for abuse and murder provided for by law must be carried out to the fullest extent of its severity.

What is animal cruelty? Article 245 of the Criminal Code of the Russian Federation provides the answer to this question. This is the infliction of suffering and pain through physical force and the use of mammals in fights that end in death. In addition, acts of a violent nature include:

• systematic beatings;
• suffocation, drowning;
• limb binding and mutilation;
• burning the hair and tearing it out.

Inhumane treatment is also the use of mammals in experiments that bring them suffering. Lack of proper care, for example, leaving the animal in a hot or cold room, completely restricting the animal from food and water.

The weakest part of the adopted article is the objective side of the crime. The law punishes death or serious injury to an animal. The latter are severe injuries associated with a violation of the integrity of the body or disfigurement of the mammal. But, if the pet was severely beaten, starved for a long time or did not receive water, but remained alive, then, according to the Criminal Code of the Russian Federation, there are no grounds for initiating a criminal case.

The use of birds or chordates in bloody tournaments, fights or baiting is also classified as animal cruelty. Article 245 of the Criminal Code of the Russian Federation, for example, recognizes as unlawful the actions of persons who set a dog on stray puppies who received serious injuries incompatible with life.

From the subjective side, criminal liability arises for committing a crime:

• out of self-interest/hooliganism;
• for children under 14 years of age;
• in sadistic ways.

Why are they attracted?

For cruelty to animals, Article 245 of the Criminal Code provides for three criteria by which a person is held criminally liable:

• fact of cruelty towards a mammal;
• death/mutilation of an animal;
• other conditions: self-interest or hooliganism, sadism, presence of young children.

If at least one of the points described above is missing, then a criminal case will not be initiated.

The crime of cruelty to animals (Article 245 of the Criminal Code) carries punishment ranging from a fine to restriction of freedom. But alternative methods may be used, depending on the severity of the crime. For example, compulsory or correctional labor. The former are appointed by the court for a period of up to 360 hours, the latter for up to 1 year.

Aggravating circumstances

In the 2nd part of the article, for illegal actions committed by groups of persons, no matter whether in conspiracy or in an organized manner, the form of punishment will be more severe. The fine is imposed from 100 to 300 thousand rubles. Another 120 hours are added to compulsory work, and the court can imprison the offender for a maximum period of 2 years.

Defenders of the rights of little brothers are seeking tougher punishment for cruelty to animals (Article 245 of the Criminal Code). It is impossible not to agree with Greenpeace’s comments, because the torture of mammals is the first step towards the moral decay of society.

fb.ru

From time to time, the media covers shocking stories related to cruel abuse of animals. Such cases always attract the attention of not only animal rights activists, but also ordinary citizens. People are outraged by the extreme level of cruelty towards helpless four-legged friends.

Every year thousands of appeals to law enforcement agencies, letters to television programs are recorded, active participation in movements against violence, etc. is promoted. At the same time, the punishment for intentionally causing pain to pets remains so insignificant that it does not stop flayers, who continue to break the law even after a conviction. What article can be applied for cruelty to animals and what punishment can be imposed on the perpetrator?

Administrative responsibility

The Code of Administrative Offenses of the Russian Federation does not provide for liability for cruelty to representatives of the animal world. At the same time, few people know that in a number of cities such cruelty can be punished under articles of regional Codes of Administrative Offences:

• in Moscow, setting one pet against another, if as a result the injured animal died or was injured, may result in a fine of 4,000 rubles to 5,000 rubles; similar punishment is provided for intentionally causing injury or death to an animal under other circumstances;
• in St. Petersburg, for transporting an animal in a way that worsens its health, deliberate deprivation of food, water, conducting any experiment on it with infliction of pain, if this resulted in death (injury), a fine of up to 5,000 rubles (individuals) and up to 100,000 rubles (for legal entities);
• in Nizhny Novgorod, the article of the regional Code of Administrative Offenses on the rules for keeping pets was amended in August 2015, according to which the actions of guilty persons in cutting ears, tails, removing claws and fangs without the participation of a veterinarian can become the basis for a fine of up to 5,000 rubles (physical. person) or up to 40,000 rubles (legal entity);
• in Primorye there is a regional law on domestic animals, which prohibits breeding, keeping, and also catching pets for the purpose of subsequent use of their parts: skin, bones, meat, etc. It is also prohibited to teach attacks on other domestic animals;
• In Kuban, a law was passed according to which absolutely all pets must be registered (chipped) indicating one owner, who is obliged to fill out documentation for the animal, after which all data is entered into a single electronic database. So far, regional legislation does not provide for any punishment for failure to comply with such a requirement.

And yet, in many regions there are no legal prohibitions against cruelty to pets. In such cases, if there are grounds, the Criminal Code of the Russian Federation applies.

Criminal liability under Article 245 of the Criminal Code of the Russian Federation

In terms of the description of the criminal actions specified in Art. 245 of the Criminal Code of the Russian Federation, there have been no changes in criminal legislation since the adoption of the code. However, some changes affected the punishment:

Description of the crime itself under Art. 245 of the Criminal Code of the Russian Federation, for which the person guilty of cruelty to animals boils down to the following:

• liability occurs only for actions that lead to the death of an animal or injury;
• the presence of one of the signs - a hooligan motive, selfish motives, the use of sadistic methods or the presence of young children is mandatory.

Thus, the criminal law does not allow those who caused pain to an animal to be held accountable, even repeatedly, if such actions did not result in injury or death.

Example No. 1. Technical school student Ivanov O.A. prepared a bucket of water and told 10-year-old Yegor and Maxim to bring the cat to bathe it. When the guys complied with the request of their older friend, Ivanov began to drown the cat, periodically striking it because it was scratching. As a result, the beaten and exhausted cat died in front of the children’s eyes - the blows were too strong. Ivanova O.A. was charged with cruelty to animals under Article 245 of the Criminal Code of the Russian Federation.
Example No. 2. In another example, under the same circumstances, after prolonged torment, the cat finally ran away. It turns out that the actions of Ivanov O.A. remained unpunished - after all, there was no death and no injury, but what about the fact that for several hours young boys watched the cruel actions of O.A. Ivanov?

It is precisely such situations in which animal torturers remain unpunished that prompted many active government officials to introduce draft amendments to the current criminal code in order to toughen punishment and provide for liability for other actions not currently specified in Art. 245 of the Criminal Code of the Russian Federation.

Changes in legislation

At the moment, there are several bills that are related to cruelty to animals and are being discussed at the federal level:

• One of the main legislative initiatives is the introduction of an article in the Code of Administrative Offenses of the Russian Federation, under which it would be possible to bring animal torturers to administrative responsibility. Thus, it is proposed to introduce a rule that provides for punishment not only for causing physical suffering, but also mental suffering (deprivation of water, food, long-term detention in a confined space, deprivation of the ability to move, etc.). The sanction under this article involves fines of individuals 1,000-3,000 rubles, organizations – up to 500,000 rubles.
• In September 2016, representatives of the A Just Russia faction made a proposal to change criminal legislation. Activists believe that violence against animals contributes to the growth of aggression and crime in general throughout society. Thus, the authors of this bill, S. Mironov and O. Mikheev, consider it necessary to make changes to the Criminal Code of the Russian Federation of the following nature:
  • introduce a separate rule providing for liability for organizing and conducting brutal fights involving dogs or other representatives of the animal world;
  • introduce liability for setting one animal against another if such actions cause injury or death;
  • increase the sentence to 6 years of imprisonment for committing a crime with additional characteristics (for example, using an official position), and also increase the fine to 800,000 rubles.
  • Animal rights activists agree with such proposals and are confident that in the form in which the criminal article exists now, there is practically no fear of liability before the law, which is also facilitated by low awareness of the population that one can actually be convicted for cruelty to animals.
• Previously, there were other legislative initiatives, for example:
  • provide for the obligation to compensate for the treatment and rehabilitation of an animal after injury;
  • introduce liability for the promotion of animal husbandry with punishment in the form of a fine of up to 200,000 rubles;
  • introduce liability for an animal hit by a car with punishment in the form of restriction of freedom or a fine of up to 150,000 rubles;
  • toughen penalties for committing a repeat crime of a similar nature.

Thus, in 2011, Deputy of the State Duma of the Russian Federation O. Lebedev submitted a bill for approval, which was not approved due to many amendments and critical comments (there were more than 2000 of them). The study of comments, making adjustments and additions continues to this day; the bill was not finally adopted (it only passed the first reading), but it was not rejected either.

All proposals are currently under discussion. At the same time, the media have repeatedly reported that the President of Russia agreed with the need to tighten punishment under Art. 245 of the Criminal Code of the Russian Federation. This position generally corresponds to long-established rules in other civilized countries. Thus, in many countries, throwing a pet onto the street is punishable by a fine of several thousand euros (in Italy - up to 1 year in prison). In Israel, criminal penalties for abusing a dog or cat can reach 4 years in prison.

The increasing number of cases of flaying are helping to intensify the discussion of pressing issues:

• in the Khabarovsk Territory, girls cruelly abused more than 15 cats, filmed a video and posted it on the Internet;
• Recently, situations have become more frequent when teenagers seek to make money using cruel videos involving animals, for which they set a fee for viewing;
• at the beginning of 2016, three minors in the Vitebsk region cruelly abused a kitten, whose eyes were gouged out and then hanged;
• Facts are regularly revealed of the killing of those animals that have lived their entire lives in domestic conditions, have grown old and become a burden to their owners.

Let's hope that bills to tighten criminal liability and introduce administrative punishment at the federal level in Russia will be approved in the near future, which we will immediately inform our readers about.