What is the punishment for cruelty to animals. Tightening the law on cruelty to animals

1. Cruelty to animals, resulting in their death or injury, if this act was committed out of hooligan motives, or for selfish reasons, or using sadistic methods, or in the presence of minors, -

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 up to six months.

2. The same act committed by a group of persons, a group of persons by prior conspiracy or organized group, -

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 compulsory labor for a term of up to four hundred eighty hours, or by forced labor for a term of up to two years, or by imprisonment freedom for the same period.

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 lies in actions consisting of ill-treatment with 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.

Law of the Russian Federation "On the protection of animals from cruelty"

This federal law is aimed at strengthening the morality and humanity of society, preventing the suffering and death of animals from cruelty to them.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts used in this law.

Animals are any animals that have a nervous system and find themselves in the sphere of human activity or influence. Cruelty to animals - actions that resulted in the death or suffering (mutilation, injury, deprivation of an animal’s natural habitat, etc.) of the animal.

Cruel killing of animals is the killing of animals without the use of methods that eliminate the animal's sensation of pain or fear.

Euthanasia is a humane method of killing an animal that eliminates its dying suffering.

Article 2. Legal regulation protecting animals from cruelty.

Legal regulation of the protection of animals from cruelty is carried out by this federal law, federal laws and other regulatory legal acts adopted in accordance with it. Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Article 3. Scope of application of this federal law.

1. This federal law applies to the following human activities:
- livestock farming, including livestock breeding, fish farming, fur farming;
- treatment of animals on state territories nature reserves and in other specially protected natural areas;
- hunting, game management, fishing;
- keeping domestic animals, companion animals and breeding work with them;
- service dog breeding;
- use of animals as a means of transport or draft power;
- use of animals in circuses, zoos, exhibitions and other entertainment events;
- use of animals in sports, recreation and entertainment for people;
- use of animals for research and educational purposes, in testing;
- use of animals in production, including in the production of biological products;
- other activities that impact animals.

2. This federal law applies to the treatment of animals, regardless of ownership of them and other proprietary rights to animals.

Article 4. Basic principles of treatment of animals.

The treatment of animals is based on the following provisions and principles:
- cruelty to animals is incompatible with the principles of morality and humanity and causes moral harm to humans;
- ensuring the living conditions of the animal must correspond to its biological, species and individual characteristics;
- a person is obliged to protect animals from suffering and death;
- ownership and other property rights to animals in the event of cruelty to them may be terminated in accordance with the law.

CHAPTER II. POWERS OF THE RUSSIAN FEDERATION, SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL GOVERNMENT BODIES TO PROTECT ANIMALS FROM CRUELTREATMENT.

Article 5. Powers of the Russian Federation to protect animals from cruelty.

The powers of the Russian Federation to protect animals from cruelty include:
- establishing the basis of federal policy regarding the protection of animals from cruelty;
- approval of federal target programs, including measures to protect animals from cruelty;
- development and adoption of federal laws and other regulatory legal acts on the protection of animals from cruelty;
- determination, in accordance with the legislation of the Russian Federation, of the procedure for licensing activities related to the treatment of animals during their maintenance, breeding and use;
- conclusion and implementation of international treaties of the Russian Federation on the protection of animals from cruelty;
- development of federal educational standards aimed at promoting morality and humanity when treating animals;
- implementation of state regulation, control and supervision in terms of protecting animals from cruelty.

Article 6. Powers of the constituent entities of the Russian Federation to protect animals from cruelty.

The powers of the constituent entities of the Russian Federation to protect animals from cruelty include:
- participation in determining state policy to protect animals from cruelty;
- participation in the development and implementation of federal and regional target programs, including measures to protect animals from cruelty;
- adoption of laws and other regulatory legal acts of the constituent entities of the Russian Federation to protect animals from cruelty.

Article 7. Powers of local governments to protect animals from cruelty.

Local government bodies carry out their activities in terms of protecting animals from cruelty within the powers granted to them by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

CHAPTER III. RIGHTS OF CITIZENS AND PUBLIC ASSOCIATIONS TO PROTECT ANIMALS FROM CRUELTREATMENT.

Article 8. Rights of citizens and public associations to protect animals from cruelty.

1. Citizens, public associations and other non-profit organizations have the right to exercise public control over compliance with the requirements of this law, relevant regulations of the constituent entities of the Russian Federation and local governments, including visits in the prescribed manner to places where animals are kept and used.

2. Citizens and public associations have the right, in the prescribed manner, to make proposals and take part in the development of decisions of executive authorities of constituent entities of the Russian Federation and local governments on issues of protecting animals from cruelty.

CHAPTER IV. CRUELTY-FREE TREATMENT REQUIREMENTS FOR ANIMALS.

Article 9. General requirements for the treatment of animals.

1. When handling animals it is not allowed:
- use of equipment and other devices that injure animals;
- forcing an animal to perform actions that are unnatural for it, leading to injury; beatings and injuries to induce the animal to comply with demands;
- use of animals under conditions of excessive physiological stress.

2. When carrying out painful procedures, the use of painkillers is mandatory.

3. It is not allowed:
- breeding animals with identified genetic changes that cause them suffering;
- breeding animals with hereditary increased aggressiveness;
- setting (forcing to attack) some animals against others.

Article 10. Treatment of animals when used in scientific experiments, in biological testing, in the educational process.

1. The use of animals in a scientific experiment, in biological testing, in the educational process is allowed only if there is no possibility of replacing them with other (alternative) methods and objects.

2. The list of alternative methods and objects for use instead of experimental animals is determined by the interested departments and approved in the manner established by the Government of the Russian Federation.

3. Work with experimental animals can be carried out in organizations that have a special permit (license) to work with animals.

4. Procedures on experimental animals, regardless of their purpose and type of animal, which may cause injury or painful stimulation to the animal, are carried out under conditions of anesthesia.

5. It is prohibited to use:
- devocalization of animals (deprivation of the ability to make sounds);
- traumatic methods and techniques when removing animals from cages.

6. It is prohibited to conduct demonstrations on animals for educational purposes if the phenomena being demonstrated can be shown on inanimate objects, including demonstrations of the reflex activity of the body.

7. It is prohibited to force students to perform procedures that lead to death or injury to animals if this is contrary to the moral or religious principles of the students. In such cases, such forms of practical work should be replaced by another task.

8. Experiments on animals involving surgical and other damaging effects cannot be carried out with the participation or presence of schoolchildren.

9. Animals used in experiments and demonstrations must be provided with qualified care. A non-viable experimental animal is killed by euthanasia before the animal suffers. The method of euthanasia for experimental animals is an overdose of anesthetics.

10. The removal of the animal's corpse can only be done after death has been confirmed by the person responsible for working with the animal.

Article 11. Treatment of animals when used in entertainment events, sports, and entertainment.

1. The use of animals in entertainment events, sports, and when organizing entertainment for the purpose of making a profit is permitted if there is a special permit (license) for this type of activity.

2. Demonstration of animals at exhibitions and in zoos is permitted subject to compliance with zoohygienic, veterinary, sanitary and other norms and rules established for keeping animals.

3. The treatment of animals during sports, entertainment events, television and film photography must prevent injury, pain, mutilation, or death to the animals.

4. When training animals (training), it is not allowed:
- beating, intimidating, removing fangs and claws;
- forcing an animal to perform actions that injure it.

5. The owner (possessor) of animals, the use of which in circuses and other entertainment and sporting events is no longer possible, is obliged to provide these animals with living conditions in accordance with the requirements of this law.

Article 12. Treatment of animals in agriculture, fur farming, in fisheries, when obtaining products of animal origin.

1. General requirements for the procedure for keeping and using agricultural, fur-bearing and other productive animals in accordance with the requirements of this law are established in the manner determined by the Government of the Russian Federation.

2. In the technology of obtaining products from animals (milking, shearing, fattening, etc.), the use of painful and traumatic techniques is not allowed.

3. When breeding animals using biotechnological and genetic engineering methods, it is not allowed to change the nature and appearance of the animals if such a change could lead to the suffering of the animal.

4. It is not permitted to process or use unkilled animals for food preparation.

Article 13. Treatment of wild animals.

1. When issuing licenses for hunting, trapping and other forms of obtaining wild animals, the method of obtaining animals and its compliance with the requirements of this law must be taken into account.

2. Technical means used when hunting wild animals must ensure the rapid death of the animal, eliminating its suffering.

3. When hunting or trapping, the use of vehicles and other technical means, the use of which leads to mass death of animals, is prohibited.

4. Hunting, trapping and other forms of extraction of wild animals is prohibited:
- having cubs incapable of independent existence;
- pregnant female mammals;
- young animals not capable of independent existence, including marine mammals;
- when crossing land animals through bodies of water.

5. It is prohibited to conduct hunting in the form of entertainment events built around the pursuit, killing, death throes of an animal, or the use of other animals to kill the animal.

6. It is prohibited to use animals, causing them suffering, as live bait when training, hunting, catching and other forms of harvesting wild animals.

Article 14. Treatment of animals not kept by humans, but living in conditions wholly or partly created by human activity; with neglected, abandoned, stray and feral domestic animals.

1. Regulation of the number of animals not kept by humans, but living in conditions wholly or partially created by human activity, is carried out by biosterilization or biological methods, and if it is impossible to use them, by euthanasia methods.

2. Catching stray (lost, abandoned, abandoned and stray) animals is carried out for the purposes of:
- return to owners;
- their reconstruction;
- regulation of their numbers by biosterilization method.

3. It is prohibited to use catching methods, technical devices and drugs that injure animals or are dangerous to their life and health.

4. In the event of the occurrence or threat of epizootics and other dangerous situations, actions necessary to reduce the number of dangerous animals are regulated in a special manner established by specially authorized executive authorities of the constituent entities of the Russian Federation.

Article 15. Providing veterinary care to animals.

1. The owner (possessor) of the animal is obliged to ensure the provision of veterinary care to the animal.

2. Veterinary procedures on animals that may cause them suffering must be carried out under anesthesia.

3. Veterinary services must include services to the public for the euthanasia of animals or newborn offspring of animals.

Article 16. Killing of animals.

1. Killing of animals is permitted:
a) to obtain economically useful products;
b) to stop the suffering of the animal, if it cannot be stopped in any other way;
c) if it is necessary to kill a newborn litter of animals;
d) when regulating the number of wild animals and animals not kept by humans, but living in conditions wholly or partially created by human activity;
e) if it is necessary to kill individual animals suffering from rabies or another particularly dangerous disease, or who are carriers of a particularly dangerous disease;
f) with the necessary defense from an attacking animal, if the life or health of people is in danger.

2. When killing an animal, the following requirements must be met:
a) killing is carried out using methods that exclude the death suffering of the animal;
b) inhumane methods of killing animals that lead to death from suffocation, electric shock, painful injections, poisoning, curare-like drugs, overheating and other painful methods are prohibited;
c) cutting of unkilled animals is prohibited;
d) killing of suffering animals is carried out immediately if their suffering cannot be stopped without killing.

Article 17. Keeping animals.

1. The conditions for keeping the animal must correspond to its biological characteristics.

2. The conditions for keeping the animal must satisfy its natural needs for food, water, sleep, movement, contact with humans or others like it, natural activity and other needs.

3. The number of animals kept in residential premises is limited by the possibility of providing them with living conditions in accordance with the requirements of this law.

Article 18. Transportation of animals.

1. When transporting animals, their needs for food and water must be met, and protection from external influences harmful to them must be ensured.

2. Vehicle, intended for the transportation of animals, must be specially equipped to prevent injury or death of the animal.

3. When loading and unloading animals, devices and techniques must be used to prevent injury or death to animals.

4. Transportation of animals different types produced separately, except for species that naturally come into contact with each other or are neutral to each other.

Article 19. Features of ownership and other property rights to animals.

1. The powers of animal owners and other persons keeping animals are limited by the need to comply with the norms and requirements of this law, regulatory and legal acts of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The owner (possessor) of an animal, when using his rights, is obliged to take into account the requirements for the treatment of animals that exclude cruelty.

2. The right of ownership and other real rights to an animal in the event of cruelty to it may be terminated administratively through its forfeiture or confiscation.

3. Transactions made by a person under 16 years of age for the acquisition or transfer of rights to animals may be considered void if such transactions were made without the consent of the parents of the said person or their substitutes.

4. Types of business activities related to the use of animals that are subject to licensing are determined by the Government of the Russian Federation.

5. Harm caused to the person or property of a citizen, as well as harm caused to property legal entity animals are subject to compensation in full by the owner of the animal.

Article 20. Conditions of transactions the subject of which are animals.

1. The sale of animals with the preliminary display of the animals offered for sale for display to buyers is permitted subject to the requirements for the treatment of animals of this law.

2. Presentation of animals as prizes and gifts is permitted after prior agreement with the future owner.

1. Promotion of cruelty to animals and calls for cruelty to animals are prohibited.

2. The use of materials depicting cruelty to animals for entertainment or commercial purposes is prohibited.

Article 22. Responsibility for cruelty to animals.

Those guilty of cruelty to animals or promotion of cruelty to animals are liable in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.

CHAPTER V. INTERNATIONAL TREATIES FOR THE PROTECTION OF ANIMALS FROM CRUELTY.

Article 23. Validity of international treaties in the Russian Federation.

If an international treaty of the Russian Federation establishes different rules regarding the protection of animals from cruelty than those provided for by this Federal Law, then the rules of the international treaty apply.

CHAPTER VI. FINAL PROVISIONS.

Article 24. Entry into force of this Federal Law.

1. This Federal Law comes into force from the date of its official publication.

2. The Government of the Russian Federation shall bring other regulatory legal acts into conformity with this law federal bodies executive power.

President of the Russian Federation B. YELTSIN

From year to year we constantly see outrageous cases of cruelty to animals in Russia. Sadists and flayers use various terrible methods of torture and murder, including starvation, throwing from a great height, beating to death, poisoning (the so-called dog hunters), strangling with wire, shooting with pneumatic guns, or simply killing for fun, then posting on the Internet their "achievements". Crimes often occur in the presence of children, and these cases are only becoming more frequent, developing into a disease in our society. We can't put up with this anymore! If today this or that flayer escapes fair punishment, tomorrow he will think about trying his sophisticated methods on people.

On most allegations of cruelty to animals, due to the weakness of the law, law enforcement officers do not even react, or do not want to open a criminal case, and those who still manage to be brought to justice receive meager fines or suspended sentences.

Is this a fair punishment for such crimes:

Footage and screenshots from the personal pages of users Alina Orlova and Alena Savchenko appeared on the Internet, where they demonstrate cruel abuse of animals.
Users social networks The footage that appeared on the Internet was shocking. In the photo, two girls, presumably from Khabarovsk, are torturing dogs. As users write, girls take animals from advertisements saying “I’ll give them to good hands,” and then they abuse them, and the whole process is photographed and posted on the Internet.

Investigators of the Russian Investigative Committee established that at least 15 animals and birds became victims of two 17-year-old knackers from Khabarovsk. The exact number of dead animals is currently being established. During a search in the apartment of one of the girls, a cat’s skull was found, and in the abandoned building where they abused their victims - 15 samples of biological substances, the Investigative Committee reported.

At the same time, the department emphasized that both knackers were brought in as defendants (previously the media reported that one of them was involved in the case as a witness and was even taken under state protection). In addition, their actions were reclassified under a more severe article of the Criminal Code of the Russian Federation: “Cruel treatment with animals, committed by a group of persons by prior conspiracy." The girls' involvement in committing other crimes is being checked, and psychiatrists will have to check their sanity. (Vesti.ru)

In the city of Kirov, on Northern Ring Street, 9 animals were brutally killed - an adult dog and eight puppies. This happened near car garages and paid parking. Andrei Karpov, who tried to place the dogs in good hands, told about what happened... the dogs were killed - shot. 15 meters from the garages we came across an excavated heating main. On a mountain of earth lay the body of an adult dog. Her head was twisted. The puppies were found in the pit of a heating main, they were barely covered with earth.(gorodkirov.ru)

In the Ryazan region: guys tied a cat’s paws with tape and tied a powerful firecracker to its stomach. Then one of the guys lit the fuse. The animal died. The third participant in the massacre filmed everything that happened on a video camera.(ria.ru)

In Yekaterinburg in a private house on the street. 18 corpses of cats and dogs were found in Uktusskaya. The animals looked very emaciated. Anna Starikova organized private shelters in the summer. She also kept animals in a house in the village of Patrushi. Animal rights activists visited there a few days ago and took photographs. Emaciated dogs are tied to the radiator, cats are locked in the bathroom. In the yard, the dogs greedily pounce on food. Animals began to be urgently removed from the foster care facility. (newdaynews.ru)

In the Tyumen region, a family of farmers tried to brutally kill a dog. They tied the animal to the bumper of a car and dragged it along the road for two kilometers. The dog was miraculously saved. But even now he is in serious condition. The atrocity took place before our eyes local residents, including children. (vesti.ru)

And of course, the well-known case with the BANO “Eco-Veshnyaki” shelters. This is a real concentration camp, animals were strangled, poisoned, starved, and then thrown out like garbage! As a result, with the harshest sentence, they will receive a maximum of 2 years, and those may be suspended. Taxpayer money allocated by the state has already been pocketed, and the toothlessness of the law creates a temptation to repeat it. (vesti.ru)

Such cases great amount! Why does each individual episode require great excitement in society in order to launch investigations under the article of the Criminal Code of the Russian Federation! Everything described above should not only be immediately prosecuted by law, but also severely punished.

For comparison:

Since 2016 in the United States, cruelty to animals is classified as serious crimes. The new amendment took effect in January and will allow the FBI to treat cases of animal cruelty as Class A crimes. This category includes particularly serious crimes - murder and arson.

The punishment for such a crime is imprisonment.

We believe that in Russia the responsibility for the lives of pets should be much higher than it is now and this problem should receive a wide public response.

We demand that legislators finalize, amend and strengthen the law on cruelty to animals! It is necessary to spell out in more detail the various types of crime, including the spread of bullying online, to consider possible reductions in the age of criminal responsibility for minors, and to determine the degree of guilt of parents for their offenses. For flayers and sadists, the most severe sentences with real prison terms should be imposed! Punishments under this article need to be significantly increased, as is done in most developed countries! Sadists should be isolated from society!

Read our law, this is how the state evaluates the life of a pet today.

According to the Criminal Code of the Russian Federation, Article 245. Cruelty to animals

1. Cruelty to animals, which led to their death or injury, if this act was committed from hooligan motives, or from mercenary motives, or using sadistic methods, or in the presence of minors, -
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 up to six months.
2. The same act committed by a group of persons, a group of persons by prior conspiracy or an organized group, -
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 compulsory labor for a term of up to four hundred eighty hours, or by forced labor for a term of up to two years, or by imprisonment freedom for the same period.

Don't remain indifferent, sign the petition, try to spread it, the animals are already screaming for help! The law is too soft and requires improvements, both in the details of the crimes committed and in the severity of punishment. Maximum REPOST friends!