What is the punishment for killing an animal and how can the killer be brought to justice?

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The law provides penalties for an owner who fails to take care of a pet or deliberately fails to fulfill his or her duties. How to get compensation for damage to health or property caused by a dog, and in what case will the victim receive nothing?

A person must be responsible for his property and maintain it so that no harm is caused to others. Otherwise, he will have to pay damages. The same applies to animals (Article 137 of the Civil Code of the Russian Federation). If a dog causes harm, its owner will be held liable (Articles 15, 137, 209, 210, 393, 1064 of the Civil Code of the Russian Federation).

However, this rule does not always work. Thus, the Arkhangelsk Regional Court indicated in November last year that, even if a dog bites a person, its owner is not obliged to compensate for the damage if the totality of the following facts is established1:

• the plaintiff, i.e. the one who went to court, does not live in the premises where he was bitten by the dog;
• he cannot visit this premises without the permission of the dog owner, since it does not belong to the plaintiff by right of ownership or other legal right (for example, it was not received under a social tenancy agreement);
• the plaintiff knew that there was a dog in the premises, nevertheless he entered there without warning, thereby provoking its attack; however, he did not prove that he was bitten elsewhere;
• The owner of the dog claimed that it was tied, and the plaintiff did not deny this fact or prove that the animal was improperly kept.

It turns out that the issue of the relationship between the rights and responsibilities of dog owners is debatable.

What rules should pet owners follow?

A legal artifact called “Rules for keeping dogs and cats in cities and other populated areas of the RSFSR”2 is still in force. Courts continue to refer to it when recovering damages caused by a dog to human health3. Dog owners in clauses 2 and 6 of these rules are obliged to:

• ensure the safety of others;
• prevent animals from polluting apartments, common areas in residential buildings, as well as courtyards, sidewalks, streets, etc.;
• ensure silence in residential areas;
• do not allow animals into playgrounds, shops, canteens and other similar public places;
• register and re-register dogs in a timely manner;
• do not allow animals to be kept in numbers greater than those established by the district and city executive committees. (This norm is actually “dead”. Where are these district executive committees now? However, it was “reanimated” in the new Law on the Responsible Treatment of Animals, which will be discussed below.);
• treat animals humanely: do not throw them away, do not leave food and water unattended, do not beat them, etc.;
• present animals at the request of veterinary specialists for examination, diagnostic studies, vaccinations and therapeutic and preventive treatments;
• immediately inform the veterinary institution and health authority that a dog or cat has bitten a person or other animal;
• immediately inform the veterinary institution about the sudden death of dogs or cats, about suspected rabies in animals and isolate them until specialists arrive;
• compensate for damage caused by animals.

How do they fight flayers in Russia?

To make sure that the law is respected in Russia, below are real examples of how the knackers got what they deserved. These are real cases that confirm the fact that the Russian Federation is becoming a state in which animals have the same rights as people, just like in Europe.

Fine of 15,000 rubles for killing a dog

A resident of the city of Berezniki, Perm Territory, killed a dog in front of his children. The girl was playing with the dog when he stood on her with his front paws; the girl fell and laughed. The drunken father heard, went out into the yard and stabbed the dog twice. The animal died, and the court sentenced the killer to a fine of 15,000 rubles.

For flaying, each time 15 days in a pre-trial detention center

Dmitry Gorkevich, nicknamed the bestial chikatilo, lives in the village of Verkhnyaya Pyshma in the Sverdlovsk region. Local residents say that 28-year-old Gorkevich kidnaps stray animals, abuses them, and then kills them.

At the beginning of his criminal career, Gorkevich held his terrible orgies in the forest, but when he felt impunity, he began to torture animals in the yard of his house. Neighbors contacted the police when they saw him burying the puppy's body. The sentence - 15 days in a pre-trial detention center is not as long as we would like, but the life of the flayer is still spoiled. And this happens every time the neighbors file another complaint against him.

For a crippled dog, 6 months of correctional labor

A resident of Novokuznetsk, having had a good drink of the bottle, decided to teach his son a lesson and, in front of his eyes, threw his family dog ​​named Lord from the balcony. The dog suffered an open fracture of its paws. To reinforce the material, the father forced the child to bring the dog into the house and repeated the monstrous trick. Then he ran out into the street and began to choke the dog. A neighbor came to the animal's aid and took Lord to the veterinarian. The poor dog's life was saved, and the mentally ill flayer was given 6 months of correctional labor.

For killing a dog, 6 months of correctional labor and 10% of salary

In Tyumen, a man killed his spaniel in front of his child because he went to the toilet on the carpet. When the head of the family saw this, he stabbed the dog twice, then dragged him to the stairwell and cut the dog’s throat. Then he dismembered it and threw it into the garbage chute. The wife could not tolerate such blatant cruelty and wrote a statement to the police. The killer was sentenced to 6 months of correctional labor and 10% was withheld from his wages.

For drowned puppies and hanging dogs, 9 months of correctional labor

Ivan Kuryakin, a resident of the village of Generalshina, Kursk region, was convicted of killing seven dogs. It all started with his dog, which bristled and began to behave aggressively. He hanged the dog and drowned its five puppies in a stream. After this, the flayer’s neighbor, offering him a piece of lard, asked him to kill the dog that lived at her house. Kuryakin first brutally beat the dog and then hanged him. The court sentenced the flayer to 9 months of correctional labor.

For cruelty to animals 12 months of correctional labor

In the city of Plast, Chelyabinsk region, a flayer was convicted of cruelty to animals. In front of a ten-year-old girl, a man cut off the tail of one dog with scissors, gave another one a drink of vodka, and then brutally beat the cat. The flayer received what he deserved - 12 months of correctional labor.

For killing dogs and selling their meat, 2 years in prison

In Barnaul, Yuri Nikitin was convicted of catching and killing stray dogs, butchering them and selling them under the guise of beef or pork. The dog butcher received 2 years. Now he has time to think about what he was doing.

For killing a neighbor's dog, 2 years in prison

A court in the city of Oryol sentenced a 39-year-old resident for killing his neighbor’s dog. This was a significant case where innocent animals were harmed in a neighbor's war. After another altercation, the killer took a pitchfork and hit his neighbor’s Staffordshire terrier 10 times. The dog bled to death and died. The court took into account the fact that the flayer threatened to kill his neighbor. Sentence: 2 years in prison.

For killing a dog, eating its meat and distributing a cruel video, a fine of 420,000 rubles

In Sverdlovsk, Oleg Kuleshov strangled a family dog ​​named Toshka, and his friend and accomplice Alexander Brui skinned, dismembered and fried the dog’s meat. The crime was filmed by Kuleshov’s wife and posted a cruel video online. The case quickly spread across the Internet and caused a flurry of negative emotions among the public. “The Chef” paid a fine of 180,000 rubles, and Kuleshov – 240,000.

14 years in a mental hospital for torturing and killing dogs

Mentally ill Yuliana Romanova, being twenty-one years old, stabbed several times a stray dog ​​named Boy, who was being fed by traders at a metro station. The flayer had been abusing animals since childhood, gouging out the eyes of puppies and throwing them off the balcony. Later, she “retrained” other people’s dogs, which foolish people entrusted to her. This sadist was caught when she killed a peacefully sleeping dog named boy. This psychopath has been in a psychiatric hospital for 14 years now and no one is going to let her out.

From 3 to 4 years for flaying. Public hatred and threats

The latest news about the Khabarovsk knackers show that in this egregious case, the public, as well as the authorities, did not give the mentally ill knackers Alena Savchenko and Alina Orlova the opportunity to continue their bloody deeds. As a result of the investigation, it turned out that two more knackers were working with these sadists, who will also soon be brought to justice.

News about Khabarovsk knackers today indicates that people realize that monsters must be isolated from society and punished to the fullest extent of the law. Therefore, Savchenko and Orlova each received 3 and 4 years in prison. Throughout the investigation, the mentally ill girls remained in custody. Since the cellmates knew that Khabarovsk knackers were sitting with them, as the latest news reports today, the abnormal girls felt very bad for several months.

The Khabarovsk knackers have many years of imprisonment ahead of them, when their cellmates will mock them. And radical animal rights activists promised the Khabarovsk knackers to take it out on them if they managed to survive years of imprisonment. This case shows that the public is no longer going to tolerate cruel people, and if the authorities do not put appropriate pressure on the flayers, then radical animal rights activists do.

What responsibilities does the new law impose on dog owners?

Late last year, the Responsible Animal Welfare Act4 was adopted, most of which have already entered into force. Article 9 of this law establishes general requirements for keeping animals that each owner must fulfill:

• proper care;
• timely provision of veterinary care and implementation of mandatory preventive measures;
• preventing the appearance of unwanted offspring;
• provision of an animal at the request of officials of state supervisory authorities in the field of treatment of animals during inspections;
• management of biological waste in accordance with the legislation of the Russian Federation (the owner’s obligation to ensure that his dog does not pollute public places and urban areas was established in Soviet legislation, and responsibility is provided for by modern laws, for example the Code of Administrative Offenses of Moscow);
• If a person can no longer keep an animal, he is obliged to transfer it to a new owner or to a shelter.

For violation of these rules, dog owners are subject to liability, which will be discussed in detail below.

In addition to meeting the general requirements for keeping animals, the dog owner must:

• respect the rights of persons living in the same apartment building as him;
• while walking the dog, ensure the safety of citizens and animals, the safety of other people's property; exclude the possibility of uncontrolled movement of the animal when crossing the roadway, in elevators and common areas of apartment buildings, in courtyards, on children's and sports grounds; ensure the cleaning of animal waste products in public areas; do not walk the animal outside the places where it is permitted by the local government.

Regional legal acts regulating the treatment of animals in Russia

Every year, law enforcement agencies, as well as television, receive a huge number of requests documenting cases of cruelty to animals.

Unfortunately, in Russia there is no stable legislative framework to protect animals. The only one who will fight for them is a loving owner

When talking about legal acts regulating this issue, most often we actually remember Article No. 245 for cruelty to animals. It implies that citizens who abuse an animal of any kind with the intent to cause pain and suffering should be punished. However, not only this document provides for responsibility for flayers.

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

Fortunately, in many regions there are provisions of Codes of Administrative Offenses that establish special rules in their territories regarding the treatment of our little brothers. Let's look at what we're talking about in the table below.

Table 1. What kind of responsibility awaits flayers for committing administrative offenses in some regions of the country

If it is not possible to punish the flayer according to the laws of your region, you need to turn to the regulations that apply throughout the Federation

Even if the regions do not provide any punishment for violating laws related to the treatment of animals, you can be sure that in this situation law enforcement agencies will turn to Federal legislative acts. The same will happen if no unique laws have been adopted on the territory of a constituent entity of the Russian Federation.

What prohibitions should a dog owner observe?

The Responsible Animal Welfare Act prohibits a dog owner from:

• use pets in business activities;
• keep a large number of animals, without taking into account their ability to provide them with conditions that comply with veterinary standards and sanitary and epidemiological rules (this norm has not yet been clarified, but it is possible that such clarifications will appear soon. In the Law on the Responsible Treatment of Animals (Article 19, will come into force on January 1, 2022) and the Law on Veterinary Medicine (Articles 8, 9, 19) for the bodies that will monitor the implementation of animal legislation, serious powers are laid down, but they have not yet been fully distributed);
• walking a potentially dangerous dog without a muzzle or leash. The exception is when the dog is in a fenced area belonging to its owner. The presence of a dog must be indicated by a warning sign at the entrance to the territory.

Law on the Responsible Treatment of Animals

Unfortunately, this time too, Russian legislators issued a legal act that not only allows for different interpretations, but is also replete with references to documents that have not been adopted by the government to this day.

In addition, all restrictions regarding hunting that were originally planned to be included in the legislative act were subsequently excluded.

Federal Law No. 498 Article 9. General requirements for keeping animals

Among other things, agricultural animals, which still cannot count on painless slaughter, have not received any protection, although this is demanded by society throughout the country.

When drawing up this act, legislators also forgot about animals used in laboratories, educational and scientific classrooms. They did not define a list of laboratory-type animals, and did not exclude highly intelligent companion pets – cats and dogs – from it.

Unfortunately, instead of becoming, as originally planned, a universal normative document regulating relations between animals and Russians, the Law turned into a list of actions permitted and prohibited in relation to animals:

• domestic, that is, companions;
• homeless (same categories as for households);
• wild animals, who are used as performers in cultural and entertainment events.

Federal Law No. 498 Article 11. Protection of animals from cruelty

A significant part of the issues voiced in the Law is delegated to Federal executive organizations and government bodies. For example, it talks about establishing a specific list of animals that cannot be kept at home. However, the list itself is not contained in the text; it is determined by the Decree of the Government of our country.

When adopting the law, the authorities avoided even such simple and understandable issues as rules in the field of transportation of animals. This issue must be regulated by legislation related to transport, which contradicts all the original ideas of the bill submitted for consideration.

It is also worth mentioning separately the list of rules put forward by the government in relation to dogs of the so-called dangerous breeds. If previously, when reading the bill, they wanted to oblige owners of serious pets to take courses from dog handlers and compulsory registration, now they must walk with their animals with a muzzle and a leash.

Article 13. Requirements for keeping pets

In general, the law cannot be called ideal; in practice, it has not yet proven its positive effectiveness, but it has already demonstrated its negative effectiveness. Thus, many people suffered who kept wild animals rescued from fur farms or from critical situations at home, which were under their full control.

Which dogs can only be walked with a muzzle?

It will be possible to walk potentially dangerous dogs only with a muzzle and a leash.
These include dogs of certain breeds, their hybrids and other dogs that pose a danger to human life and health. They are listed in the List of Potentially Dangerous Dogs approved by the Government of the Russian Federation. Let us note that this list is included in the draft resolution, which was recently published by the Russian Ministry of Internal Affairs. It is likely that the project will be accepted as presented or with minor changes. After this, the final list of dogs that will not be allowed to be walked without a muzzle will be known.

Owners of dangerous dogs, their neighbors, dog breeders, breeders, dog handlers, and owners of catering establishments with “restaurant” dogs and cats should study the draft resolution (there are already precedents with pug cafes and cat cafes). If a resolution is adopted, you must be prepared to comply with its requirements, which duplicate the dog walking rules discussed above, set out in the Responsible Treatment of Animals Act. Additionally, it will include a ban on setting animals on people. An exception will be cases of necessary defense, dog training by dog ​​handlers and the use of service animals in accordance with the legislation of the Russian Federation.

Legal advice under Art. 245 of the Criminal Code of the Russian Federation

Cases of cruelty to animals belong to the category of complex cases in which it is quite difficult to convict the culprit precisely because there are often no witnesses present during the crime or due to the fact that there are no visible injuries on the animal, which is why the initiation of a criminal case is refused .

For a fairer punishment of the culprit, you should contact professional lawyers who will help:

• file a claim;
• prepare evidence;
• Conduct a medical examination of the animal.

Thus, to get a better result in cases under this article, if you do not have the necessary legal skills, you should contact a lawyer who has practice in these cases.

For what can pet owners be held administratively liable?

Let's consider the situation using Moscow as an example. The most common violations are:

• keeping animals in common areas of communal apartments and apartment buildings;
• pollution by pets of common areas of the home and public places;
• violation of walking rules, for example, showing up with a dog without a leash and muzzle;
• an attack by one domestic animal on another, resulting in the latter being injured or killed;
• setting an animal on people or other animals;
• an animal attack on a person, causing harm to the latter’s health (in the absence of signs of a crime under Article 118 of the Criminal Code of the Russian Federation);
• causing damage to other people's property by animals.

According to Art. 5.1 of the Code of Administrative Offenses of Moscow, the maximum sanction for these violations is no more than 5 thousand rubles.

At the same time, punishing a dog owner for a violation is often a difficult task. For example, difficulties arise with the imposition of a fine for failure to ensure the removal of animal waste products. The ineffectiveness of the mechanism for collecting fines in such cases is explained by the fact that representatives of local government bodies do not have the right to demand documents from the owner of the animal. And this is necessary to bring him to justice. Only a police officer can demand documents. After this, an act is drawn up in his presence, submitted to the authorized local body, and this body issues a decision on a fine. However, more often than not there is no police officer nearby. Therefore, in practice, this whole procedure works with difficulty.

Is it possible to punish a neighbor who shot our dog on his property after it had broken free from its chain?

Hello!

A few years ago we bought a house in the village. On the border of the site there was a neighbor’s bathhouse level with the border (it seems that the distance should be at least a meter). Well, since it was built before us, they did not aggravate relations.

Neighbors were grazing goats and sheep without supervision; they repeatedly entered our territory and spoiled the harvest.

When we drew the attention of the neighbors to this, they nodded their heads, “Yes, they say, they can climb in.” Planting anything behind the fence was out of the question; they planted rose hips and they were eaten.

To avoid conflicts, they did not make trouble.

The neighbors' dog (the house is only on one side, on the other side of the road there is a ravine) always accompanied with an angry bark and tried to grab the heels, they endured it for four years until it died (itself).

The war began last winter when we asked to remove large bales of hay that had been brought the day before from the road, since our son was supposed to arrive, and they were in the way. The neighbors expressed great dissatisfaction, but the passage was cleared by removing the passenger trailer (I helped them).

The ravine opposite the neighbors is crumbling, I think because of his herd, constantly darting up and down. His neighbor is trying to repair it, driving piles, etc. And he believes that we should also invest in this private initiative.

This might be true if we, as a neighbor, had a car. So why on earth? My son comes two or three times a year.

In the summer, two more events happened that fueled the situation. Again, on the eve of my son’s arrival (the neighbor would have at least asked if we were waiting for someone) they piled four dump trucks of clay on the road, blocking the passage. We pointed out to them that they had no right to block a public road and demanded that space be cleared for passage.

The neighbors hired a tractor and moved the piles into the ravine. The road was cleared, but they became embittered.

I have a medium-sized dog on a chain that I sometimes walk.

During a walk, she never barks or rushes at people, but she chases unattached dogs.

Passing by a neighbor, my dog ​​discovered his new one-and-a-half-year-old dog and dug into its sirloin.

The neighbor's dog ran away howling.

The gate opened and a drunk neighbor and his drinking buddies tumbled out. He grabbed a 10 x 10 block and tried to kill my dog ​​but didn’t hit him even once.

After that, he began to shout that if he saw my dog ​​again, he would rip her guts out. To which I objected to him, who is he to tell me. Then he began to shout that we were living there as long as he lived (I understood that he meant supporting the road) and in the end he began to threaten me that he would rip my guts out too. I didn’t aggravate the situation with the drunk man and his drunken friends, I got off with neutral phrases.

What do you recommend in this situation? Is it possible to put the neighbors in their place, but I still wouldn’t want a war.

Are there also criminal penalties for dog owners?

Such liability is provided for in Part 1 of Art.
118 of the Criminal Code of the Russian Federation (“Causing grievous harm to health through negligence”). The article states that causing grievous bodily harm through negligence is punishable by a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of up to 480 hours, or correctional labor for a period of up to two years, or restriction of freedom for a period of up to three years, or arrest for a period of up to six months. It is significant that according to the materials of the Consultant Plus service, as of March 17 of this year, one could find only 8 appeal decisions of courts of general jurisdiction at the level of a constituent entity of the Russian Federation (at the same time, decisions and sentences passed by magistrates and district courts were not examined), referring to Part 1 Art. 118 of the Criminal Code of the Russian Federation.

However, if serious harm to health is caused, large sums may be recovered. This is due to the need for rehabilitation of the victim. As an example, we can cite the circumstances of the tragic story, which was reflected in the cassation ruling of the Samara Regional Court5. In 2011, the court recovered half a million rubles from the owner of a dog that bit the face of a two-year-old girl. The owner of the pit bull was found guilty of committing a crime under Part 1 of Art. 118 of the Criminal Code of the Russian Federation. He was sentenced to 180 hours of compulsory labor.

However, more often a dog bite results in mild or moderate harm to health. At the same time, the courts often support the victims in such cases. Thus, in 2022, the Moscow Regional Court awarded damages in the amount of 30 thousand rubles. against the owner of a Spitz because the dog bit the boy on the shin6.

Criminal liability for killing an animal

Criminal liability for cruelty to animals comes under Article 245 of the Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ (as amended on December 27, 2018) “Cruelty to animals.” For criminal liability it is necessary - cruelty to animals, resulting in their death or injury, for the purposes of:

• causing suffering and pain;
• for hooligan reasons;
• for selfish reasons.

The court does not distinguish consequences for objects of the animal world according to severity. Equal criminal penalties are applied for both killing an animal and mutilating it.

The subject of this crime is animals - wild, domestic, any. The necessary sign is the occurrence of death or injury. Abuse can be expressed:

1. In actions:
   beating;
2. use for competitions;
3. sale for fights and bleeding;
4. sacrifice according to cult rites;
5. conducting experiments;
6. cutting off limbs;
7. burning;
8. hunting in inhumane ways and others.
9. Inactive:
   deprivation of food and drink;
10. intentionally leaving others in a life-threatening situation.

Organizers of dog, cock and any other fights also face criminal penalties under Article 245 of the Criminal Code of the Russian Federation. In practice, this is quite difficult to prove.

Criminal liability is brought only if the person who committed the crime has reached 16 years of age and is sane - understands what he is doing and what consequences are possible.

Teenagers under 16 years of age are also punished, but in a different way - they are registered with the commission for minors. The commission decides what to do with the juvenile offender:

• apply educational measures, conduct an explanatory conversation;
• transfer the case to the court to send the teenager to a closed educational institution.

Part 1 art. 245 of the Criminal Code of the Russian Federation

Punishment under Part 1 of Article 245 is possible as follows:

1. A fine of up to 80 thousand rubles (or a deduction of 6 months’ income).
2. Up to 15 days of compulsory work.
3. Correctional labor or restriction of freedom for up to 12 months.
4. Arrest for up to six months.
5. Imprisonment up to 3 years.

What to do if you are bitten by someone else's dog?

• Contact a medical facility to prevent the risk of rabies and record damage.
• Then contact the police - submit a statement, register it using a KUSP coupon with the number and date of application, tell about the circumstances of the bite and provide copies of medical documents.
• Pass a medical examination as part of a medical examination appointed by the detective, district police officer or investigator as part of the pre-investigation check.
• Find and provide the authorized police officer with information about witnesses who can confirm what happened.
• Apply to an authorized police officer to seize video recordings if there are video cameras near the scene of the incident.

If serious harm is caused, a criminal case will be initiated.
In this case, the victim must follow all the doctor’s recommendations and the investigator’s instructions regarding the documentation of treatment measures, medications, vaccinations, etc., in order to avoid disputes about the severity of the harm. Remember: if the harm turns out to be mild or moderate, the criminal case will be dismissed. After the case is transferred from the preliminary investigation authorities to the court, a criminal trial will be held and a verdict will be rendered.

A claim for compensation for damage due to a bite can be brought after the initiation of a criminal case and before the end of the judicial investigation when considering the case in the court of first instance. When filing a claim, the civil plaintiff is exempt from paying state duty (Part 2 of Article 44 of the Code of Criminal Procedure of the Russian Federation).

If minor harm is caused, then you should apply to the district court at the place of residence of the dog owner with a claim for compensation for damage. It will be necessary to provide evidence that the victim incurred expenses for medicines, doctors’ services and experienced moral suffering in order to recover compensation for moral damage. In addition, a resolution should be attached to refuse to initiate a criminal case, where the fact of the bite and the dog’s belonging to a specific owner are established, or a resolution to bring the owner to administrative liability.