Ukrainians ask the government to strengthen responsibility for intentional killing or torture of animals

A petition has been registered on the Cabinet of Ministers website calling on the government to strengthen liability for intentional killing or torture of animals through imprisonment. This is stated in petition No. 41/010149-26еп, reports UNN.

Details

As the author of the petition notes, current Ukrainian legislation provides for administrative liability in case of torture or killing of an animal by paying a fine (Article 89 "Cruelty to Animals" of the Code of Ukraine on Administrative Offenses), or criminal liability in the form of a fine or restriction of liberty for up to two years (if the crime was committed in the presence of a child) - Article 299 "Cruelty to Animals" of the Criminal Code of Ukraine.

"One of many cases: a person claims that he sees nothing wrong with beating an animal with a pipe, breaking its ribs, hanging it by the neck, and that his wife knows about his 'passion.' Such a person pays a fine and does the same thing again. Because he knows that in the worst case, he will pay a fine," the author points out.

She notes that she has two questions:

• "why does the law, which contains words such as 'torture' and 'intentional killing,' only provide for the possibility of financial punishment? How can such a crime be classified as a 'minor crime' (Article 12 of the Criminal Code of Ukraine – 'Classification of Crimes') or even be an administrative offense?"

• "a person who committed a crime this time burned a dog alive. Paid a fine. Who is next? A cat that will be cut alive, tearing off pieces of skin? A bird whose legs and wings will be torn off? Maybe someone else helpless and trusting? A human child?"

The petition proposes submitting draft laws to the Verkhovna Rada to strengthen criminal liability for cruelty to animals by imprisoning persons guilty of crimes against animals in the same manner as for corresponding crimes against humans.

"A person who intentionally causes pain to an animal by inflicting bodily harm, torture, or starvation must bear criminal liability by imprisonment for three to five years without the possibility of paying a fine instead (just like violence against a person - Article 126 of the Criminal Code of Ukraine – 'Beatings and Torture'). A person who intentionally kills an animal must bear criminal liability by imprisonment for seven to fifteen years without the possibility of paying a fine instead (just like violence against a person - Article 115 of the Criminal Code of Ukraine – 'Premeditated Murder')," is proposed in the petition.

It is proposed to establish aggravating factors for intentional killing or torture of an animal:

• two or more animals;
• a juvenile animal or an animal known to the perpetrator to be in a state of pregnancy;
• committed with particular cruelty;
• committed in a manner dangerous to the life of many animals or people;
• committed from hooligan motives;
• committed to conceal another crime or facilitate its commission;
• combined with rape or violent satisfaction of sexual passion in an unnatural manner;
• committed on order;
• committed by prior conspiracy by a group of persons;
• committed by a person who has previously committed intentional killing of an animal;
• committed by a person in a state of alcohol intoxication or in a state caused by the use of narcotic or other intoxicating substances.

The author indicates that the onset of liability described above should occur regardless of whether a child was a witness. Committing this in the presence of a child should have an aggravating effect such that the person who committed the crime may receive a higher punishment.

She also proposes that a person who witnesses a crime being committed and does not intervene by reporting it to the police becomes an accomplice to the crime and bears criminal liability by imprisonment for up to two years.

The petition proposes establishing liability for knowingly leaving without help an animal that is in a life-threatening condition and deprived of the ability to take self-preservation measures, when the person themselves placed the animal in a dangerous condition for it, punishable by law by imprisonment for a term of five (if the animal survived) to fifteen years (if the animal died), as well as payment for the animal's treatment until full recovery.

A person who unintentionally caused harm to an animal's health through criminal overconfidence or criminal negligence must take all measures to prevent the animal's death and deterioration of its health, namely: deliver the animal to a veterinary clinic, pay for its treatment until full recovery (full recovery is considered restoration of the ability for self-preservation), and report the incident to the police. In the event of unintentional killing of an animal, the person must report it to the police.

She also proposes that the government establish that a person who unintentionally caused harm to the health and life of an animal not through criminal overconfidence or criminal negligence must take all measures to prevent the animal's death and deterioration of its health, namely: deliver the animal to a veterinary clinic and report the incident to the police.

In addition, it is proposed to establish liability for the intentional killing of an animal to relieve it of pain, if it is impossible to help it, in case of its illness, may be carried out by euthanasia in a veterinary clinic after an appropriate examination and proof that the animal could not be helped otherwise.

Currently, the petition has collected over 6.3 thousand votes out of the required 25 thousand. There are 89 days left until the end of signature collection.

Recall

Near Kyiv, the owner of two Cane Corsos that mauled a 79-year-old neighbor was detained; the animals were seized and taken to a canine center.