虐待动物的法律责任:欧盟和乌克兰的做法

A. Kiryk, A. Danilova
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引用次数: 0

摘要

本文考察了乌克兰和欧盟成员国虐待动物的法律责任问题。已经确定了专门保护动物免受残忍对待的国内立法的主要行为。已经确定的是,欧盟成员国已经实施了大量的法律行为,允许在立法层面上保护动物。在所有的欧洲国家,虐待动物都被视为犯罪,可处以罚款甚至监禁。对意大利、挪威、希腊和法国的立法进行了分析。根据规定,在意大利,监禁期限从3个月到18个月不等,虐待动物者必须支付的罚款可达3万欧元。挪威也值得注意,其处罚是长达1年的监禁,处以罚款并没收动物。在希腊,虐待动物要承担行政和刑事责任。行政责任可达3万欧元。刑事责任包括最高10年的监禁和3万至5万欧元的罚款。在法国,刑事责任以最高5年监禁和最高75,000欧元罚款的形式规定。在分析欧洲各国立法的基础上,提出了国内立法的修改,即值得借鉴国外的经验,在残忍对待动物的情况下,除了规定没收动物外,还应禁止其进一步饲养。此外,在起诉领域的一个全球性问题是公众对虐待动物的法律责任意识不高,因此重要的措施之一是实施关于行政和刑事规范的法律教育措施,规定对特定罪行的责任和处罚程度。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal responsibility for animal cruelty: EU and Ukraine practice
The paper examines the issue of legal responsibility for animal cruelty in Ukraine and EU member states. The main acts of domestic legislation, which specialize in the protection of animals from cruel treatment, have been identified. It has been established that the EU member states have implemented a significant number of legal acts that allow the protection of animals at the legislative level. In all European countries, abuse of animals is considered a crime and is punishable by a fine or even imprisonment. The legislation of Italy, Norway, Greece and France was analyzed. It has been established that in Italy the term of imprisonment ranges from 3 to 18 months, and the fine that the animal abuser will have to pay can reach 30,000 euros. Norway is also worthy of attention, where the penalty is imprisonment for up to 1 year, the imposition of a fine with confiscation of the animal. In Greece, animal cruelty is subject to administrative and criminal liability. Administrative responsibility can reach 30,000 thousand euros. Criminal liability consists of imprisonment for up to 10 years and fines from 30,000 to 50,000 euros. In France, criminal liability is provided in the form of imprisonment for up to 5 years and a fine of up to 75,000 thousand euros. Based on the analysis of the legislation of European countries, changes to the domestic legislation are proposed, namely, it is worth borrowing foreign experience and in case of cruel treatment of animals, in addition to the prescribed confiscation of the animal, establish a ban on their further keeping. In addition, a global problem in the area of prosecution is the low public awareness of legal responsibility for animal cruelty, so one of the important measures is the implementation of legal education measures regarding administrative and criminal norms that provide for responsibility and the degree of punishment for the specified offense.
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