Fundamentals of the state policy of the Russian Federation regarding animals
Before moving on to the analysis of the issue, let's talk about what basic values the legislation of the Russian Federation adheres to: 1. Guarantee and protection of the rights and freedoms of every citizen; 2. Protection of the environment, including animal life and populations; 3. Propaganda and explanation of the basic responsibilities of every citizen; 4. Regulation of social relations and maintaining a respectful attitude towards nature. From here we see that a lot of attention is given to the protection of animals, therefore cruelty to animals is prohibited and strictly punished in our country. However, cases of aggressive behavior towards animals are becoming increasingly common. Remember the case with the Khabarovsk knackers. The main responsibilities for monitoring and forming a legal-conscious state are carried out by the prosecutor. The prosecutor is also responsible for carrying out educational functions and conducting conversations with the population about the need to protect animals.
Cruelty to animals is prohibited and is subject to criminal liability under Article 245 of the Criminal Code of the Russian Federation.
The law establishing punishment for violence and killing of animals came into force on January 1, 1997, and is valid throughout the Russian Federation. All categories of animals fall under its protection: 1. Wild animals; 2. Pets; 3. Animals of farms and other farms. In addition, the Law of the Russian Federation “On the Animal World” states that citizens of the Russian Federation and foreign citizens must treat the animal world humanely. Hunters must also observe humanity towards animals.
The effectiveness of pneumatic guns for repelling dogs
Air guns can be used in other ways, such as shooting stun pellets to the side. There are models of gas pistols with attachments for the hunter’s signal: shots in the air can reduce the dog’s desire to continue the attack. But there are no guarantees, not for any option. Other methods of protection work well:
- stun gun;
- pepper spray;
- ultrasonic repeller;
- gas pistol;
- cayenne mixture.
The most effective are a repellent device, pepper spray
What is included in the concept of “animal cruelty”?
Article 245 of the Criminal Code itself does not contain a list of actions towards animals. The only criteria by which it is determined whether cruel treatment has occurred are the consequences: 1. Injury to the animal; 2. Killing an animal. That is, in order to open a case of cruelty to an animal, it must be proven that the accused committed actions that led to injury to the animal. Especially if it was proven that the animal was killed. So, we can make an approximate list of acts for which a criminal may incur criminal punishment: 1. Beating an animal; 2. Depriving him of food, water; 3. Participation of the animal in combat battles; 4. Sacrifice; 5. Inaction, due to which the animal fell into the hands of a sadist. Any of these actions will result in criminal prosecution, regardless of what part of the country the criminal offense was committed in.
Air guns against aggressive dogs – is it legal?
Dogs that attack humans can be divided into 2 types:
- domestic;
- strays.
It is allowed to use pneumatic guns against dogs with a collar, but only if there is a threat to life or health. However, Russian legislation is controversial. On the one hand, a passer-by fought off the “aggressor” without a leash or muzzle, on the other hand, he may face administrative punishment for using a weapon in a populated area. Also, according to Art. 137 of the Civil Code of the Russian Federation, animals are property, which means the owner will try through the court to recover moral damages from the four-legged offender. If the shooter proves the fact of forced self-defense, then punishment can be avoided.
The absence of an owner does not mean that you can shoot at the “furry one” without consequences. A weapon user can be charged with two articles at once - administrative and criminal. But it matters where the shot was fired.
Who can be punished for cruelty to an animal?
True, it cannot be said that any harm caused to an animal by a person will be subject to criminal prosecution. In some cases, there will be no penalty for killing an animal. Therefore, in order for a person to be punished, it is necessary to confirm: 1. The accused acted from animal, selfish or hooligan motives. For example, an animal was killed to sell fur and meat. 2. The use of sadistic methods of treating an animal, resulting in injury to the animal or killing. 3. Killing an animal in the presence of young children under 14 years of age. In some cases, injuring an animal in the presence of children also faces criminal liability. The main sign of animal cruelty is the use of sadistic methods. In other words, if a person not only harmed the health or killed an animal, but did it in a way that caused suffering to the animal. For example, if the criminal used torture, tormented, burned, etc.
Brief conclusion on the topic
Air guns are intended for recreational and practical shooting. The 4.5 mm bullet has low energy, so it will not cause serious harm to the animal, but it can make it even more angry. A shot from an enhanced air rifle will pierce the dog's thick hide, causing internal bleeding and death, but the owner will face administrative or criminal penalties and confiscation of the weapon.
If there are no alternatives in the form of pepper spray, an ultrasonic repeller or a stun gun, you can try to shoot flash-noise bullets to the side, or with a hunter’s signal in the air. If this is a yard dog, this method can reduce the ardor of continuing to move towards the shooter, but is clearly useless against a fighting breed.
The best method of protection is to avoid meeting.
Avoid a pack of stray dogs. When passing by your owner's pet without a leash or muzzle, try to stay at a considerable distance from it. You need to walk slowly, without sudden movements, and most importantly, do not look into the animal’s eyes. October 22, 2022
Corpus delicti
As we remember, in order for a case to be opened, there must be a complete corpus delicti (object of the crime, subject, objective and subjective side). Let's take a closer look: 1. The object of the crime becomes public morality in relation to animals: domestic, wild, captive, birds, fish. In other words, to the entire animal kingdom; 2. The objective side is the action of the perpetrator, as a result of which the animal suffered, was injured or died. This could be constant and regular beatings, detention in inhumane, dangerous conditions, forced hunger strike, or the use of sadistic methods of education.
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! Organizing animal fights (dog fights, cock fights) is also a criminal act and is condemned under the article “Cruelty to Animals”. (Article 245 of the Criminal Code of the Russian Federation).
Also, the objective side differs in the nature and nature of the crime: • Hooligan motives (the desire of the perpetrator to commit violence, to ignore the moral norms accepted in our society); • Selfish motives (using fur, meat for sale, receiving winnings, etc.); 3. The subjective side is the intention of the perpetrator. The citizen who killed the animal must have foreseen the possibility of death or injury to the animal as a result of his actions (beatings, torture, etc.), he must have wished for their occurrence (direct intent). That is, the actions of the perpetrator must be conscious and purposeful.
Who works on animal cruelty cases?
According to Article 245 of the Criminal Code of the Russian Federation, all such cases, in particular the killing of an animal, are investigated by investigators of the internal affairs bodies.
Animal cruelty cases are investigated by investigators assigned to the police department where the crime occurred.
The killing of an animal initiates the opening of an investigation - an inquest. In order for the case to be transferred for investigation to the preliminary investigation department (to the investigator), you must receive a written order from the prosecutor to open a criminal case. This requirement can be found in Article 150 of the Criminal Procedure Code of the Russian Federation, abbreviated as the Code of Criminal Procedure of the Russian Federation.
A criminal case of cruelty to animals under Article 245 of the Criminal Code of the Russian Federation will be considered in the magistrate’s court, in the territory of whose jurisdiction the crime was committed.
How old is the penalty for killing an animal?
Unlike the main category of crimes, where criminal liability begins at the age of 14, in this case, in order to receive punishment for killing an animal you must: 1. The “flayer” must be sixteen years old; 2. Be completely sane, i.e. aware of their actions and their consequences. If a person who has committed a crime against the animal world has not reached the age of sixteen, he will still be punished. However, he faces not criminal punishment, but registration in a children's room. This is stated in more detail in the law of the Russian Federation “On the fundamentals of the system for the prevention of neglect and juvenile delinquency.” According to the provisions of this regulatory act, all materials indicating that a child or adolescent under 16 years of age have been convicted of cruelty to animals must be transferred to the appropriate commission for minors. From this moment on, teenagers are registered and are under the educational supervision of an inspector. The commission also has the right to decide how the case will end: 1. Apply educational measures to the teenager, register him and conduct explanatory conversations; 2. Or file a petition to transfer the case to court and further place the teenager in a special closed educational institution. In the second case, from the moment the petition is filed until the case is considered in court, the minor will be sent to a special temporary detention center. The maximum period of such arrest is 30 days.
Types of punishment
When choosing a punishment for a guilty citizen, the court, based on the personal characteristics of the guilty person, will impose one of the following penalties: 1. A fine from 5 thousand to 80 thousand rubles, as well as in the amount of wages or other income for the last six months; 2. Correctional labor for a period of two months to a year; 3. Restriction of freedom, also from 2 months to one year; 4. Arrest up to six months. If it is proven that a group of persons acted by prior conspiracy for mercenary purposes, the punishment will be toughened: 1. The amount of the fine will rise to a limit of 100 thousand to 300 thousand rubles; 2. A fine in the amount of wages and other income for a period of one to two years; 3. Mandatory work up to 60 to 480 hours; 4. Forced labor from two months to two years. 5. Imprisonment of all guilty persons for a period of two months to two years. Killing an animal is an extreme form of cruelty to animals and will certainly be punished. If there are the following circumstances aggravating the case, it will be toughened: • For hooligan reasons; • For selfish reasons; • Using sadistic methods; • In the presence of children under 14 years of age
Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve the issue you have regarding Criminal Law, we advise you to seek the advice of a lawyer in support of the site.
Is it possible to shoot a dog from the air?
Is it possible to kill a dog with a pneumatic gun? Yes, but it's difficult. Unlicensed samples have a caliber of 4.5 mm, and the muzzle energy is less than 7.5 J: the shots will be weak, causing damage only to glass bottles, paper targets, and aluminum cans.
If you have a CO2 gun with a power of up to 3 J in your hands, then you won’t be able to harm the animal. Quadrupeds have thick fur and thick skin. It is possible to kill a dog using reinforced spring-piston rifles of the “magnum” class, or PCP pneumatics of 5.5 mm caliber or more with a muzzle energy (DE) of 7.5 J. However, this is illegal, just like using an air gun without a license is not legal. purpose.
Dogs have a high pain threshold, which means a direct hit will only anger them. Especially if it is a fighting breed. You can disorient the animal by aiming at the face, but there is no guarantee that this will stop. Another outcome is that the four-legged animal can be left crippled. It is humane to give up the idea of defending yourself in this way. The main task is not to kill, but to scare away the animal, or to distract it with another object in order to gain time and escape.
