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Suleimanovа M.S.
Analysis of Foreign Legislation in the Field of Criminal Liability for Cruelty to Animals
Keywords: cruelty to animals, foreign experience, animal, criminal liability, comparative analysis, criminal law, crime prevention
The need for further development and improvement of criminal legislation regulating the issues of criminal liability for cruelty to animals in Russia, due to the increase in crimes in this area, the recent lack of due attention from law enforcement officials, and the latency of this category of crimes, speaks about the relevance and complexity of the topic and predetermines its selection as a research theme. The purpose of the study is to analyze the legal regime for the treatment of animals in western countries, to develop scientifically sound proposals and recommendations of a theoretical and practical nature to improve criminal legislation in the Russian Federation to prevent crimes in this category. Materials and methods. Russian and foreign regulations on the topic under study were analyzed, fundamental scientific works, articles in periodicals, statistical and analytical information were studied. The methodological basis of the research was the methods of dialectics as a general scientific method of cognition. In addition, general scientific and private methods were used in the paper: historical and legal, descriptive, comparative analysis, formal legal, statistical in their various combinations. In the process of studying the required information, a sociological method is also used – the analysis of documents. The results of the study. The statistical data of convicts under Article 245 of the Criminal Code of the Russian Federation are presented; the experience in the field of criminal responsibility for cruelty to animals in some foreign countries is analyzed; the problem of the lack of applicability of Article 245 of the Criminal Code of the Russian Federation, as well as the problem of child cruelty to animals in Russia are revealed. Based on the study of the positive experience of foreign countries in this area, ways to solve the identified problems of the current legislation in the Russian Federation for its further improvement are proposed. They are, for example, the introduction of modern scientific and methodological support for the practice of investigating cruelty to animals by publishing methodological recommendations and conducting classes for employees of internal affairs bodies, as well as educational activities and explanatory conversations in educational institutions in order to develop an attitude towards humane treatment of animals in humans from an early age. Conclusions. The proposals presented in the paper will expand and develop knowledge in the field of criminal law of the Russian Federation, and can also be taken into account and used to improve the current criminal law; in the processes of teaching criminal law and criminology; in the law enforcement practice of law enforcement agencies, which carry out preliminary investigations of criminal cases of cruelty to animals in order to improve it and in research activities in the further development of standards for the prevention of cruelty to animals. Taking into account the positive experience of foreign countries in the field of criminal law combating cruelty to animals will increase the effectiveness of domestic prevention of this type of crime and minimize the number of crimes of this category in the near future.
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About authors
- Suleimanova Mariam S.
- Post-Graduate Student, Department of Criminal Law Disciplines, Chuvash State University, Russia, Cheboksary (mariahsuleimanova@yandex.ru; )
Article link
Suleimanovа M.S. Analysis of Foreign Legislation in the Field of Criminal Liability for Cruelty to Animals [Electronic resource] // Oeconomia et Jus. – 2024. – №3. P. 77-86. – URL: https://oecomia-et-jus.ru/en/single/2024/3/9/. DOI: 10.47026/2499-9636-2024-3-77-86.
