The authority neglected animals
The authority neglected animals, such as their capture and maintenance within the jurisdiction of local governments pursuant to part 14 of article 14.1 of the Federal Law “On General principles of organization of local self-government…”.
This innovation from March 2015. Prior to the adoption of this amendment to the law, single point of view about the ownership of the authority were absent, was the subject of controversy.
Currently legally separated powers of state authorities and bodies of the municipality.
The authorities of the subject of Federation (conditionally speaking, the regional administration) organize the actions directed on catching and content of stray animals.
In turn, the Executive branch of local governments (municipal administration, rural settlement, district, region) received right to carry out trapping and ensure the maintenance of vagrant animals. These powers within the borders of the city, town features of the locality.
Thus, the task of the subject of the Russian Federation to organize work and to execute, and the local administration to execute instructions and to carry out the culling.
Powers of street animals by the local administrations include:
the development and adoption of relevant legal acts
organization and controllerupdate for catching
attraction to a disciplinary responsibility of officials guilty of violation of the established procedure of capturing and keeping stray animals.
In many regions, local regulations have been in place for quite some time. As a rule, they are not necessarily to farm animals.
The subject of regulation is a pet – cats and dogs and catching stray animals. Typically, this is two large blocks joined in a single document.
A bit of criticism of the rules of keeping Pets
Unfortunately, in my opinion, the vast majority of such rules is prohibitive, and formulated somewhat one-sided.
In fact, they are taken against the owners of animals and not carry out a regulatory function for the balance of the public interest. This is reflected in the number of restrictions, spelled out in some detail.
ban bring animals (dogs) without a leash and a muzzle
ban to walk them at a distance of less than 15 meters from the residential house
the obligation to put an animal registered in the veterinary hospital, vaccinations, the passport, etc.
the obligation to walk your Pets in specially designated areas.
in the absence of related rights is the determination of the point of walking, the installation of ballot boxes, etc.
Let us model the situation :
I’m a law-abiding citizen, who has registered in my own apartment dog. Go out for a walk with her on leash, muzzled, with shovel and bag to collect waste. The dog does not bark, does not bite, goes next to the foot and breathes by the team.
After I stepped off the porch of 15 meters is required by law, I shall proceed to a special area for walking.
One question: “WHERE would I FIND someone?”
Who really believes that the municipality is concerned about the issue of provision of land plots for walking Pets? Give an example, I’d love to get acquainted with him and perhaps admit that he was wrong.
On vacant lots, where once were paddocks inside of neighborhoods, increased high-rise building dot building. And about new places, walking nobody reflects, because of income in the foreseeable future they will not bring…
Situation turns from a fairy tale about Alice: “Execute, not to pardon!”. However, I hope I exaggerate the situation will change. But we digressed a bit.
About the catching of stray animals
Functions for trapping, as a rule, entrusted to specialized organizations. Their customer service is the municipality, local administration.
The initiative also could come from entities providing sanitary-and-epidemiologic wellbeing of the population, in order to prevent the spread of parasites and infectious diseases.
In addition to ensuring cleanliness and order on the streets, the regulation of livestock due to stray animals on the principles of humanism and redemption of stray animals suffering from different diseases, from pain. If cure is not possible, remains to be put down.
When setting objectives for the organization, which deals with catching of stray animals, in conditions of performance this function must be provided that the catching is done at night, using drugs or instruments to cause the animal undue suffering.
There is a task to avoid cruelty and to prevent the infliction of psychic trauma accidental witnesses, especially children and minors.
There is a special list of narcotic drugs and psychotropic substances used in veterinary medicine for the catching of animals, approved by the Order of the Ministry of agriculture of Russia No. 1580, of the Ministry of health of Russia No. 619 dated 29.12.2003.
Unattended animals as an object of ownership
Until recently, a direct reference to stray animals found only in the Civil code, in the aspect of establishing the right of ownership.
Along with the bodies of internal Affairs, representatives of the local self-government should take steps to establish the owner of the neglected animal.
The authority neglected animals provide for temporary maintenance of their persons having the necessary conditions for this. Respective responsibilities envisaged by article 230 of the Civil Code of the Russian Federation.
For example, after six months the owner of the neglected animal was not found. There are two possibilities:
found animal remains the property of the person it contained
if the person refused to leave a street animal, it becomes the property of the municipality
The final decision in any case remains for local governments.
At the end of the article it is necessary to mention that the face contained neglected animal has the right to require the person who filed rights, reimbursement of costs incurred. Including in a judicial order. Read more the issue I discussed here.