Poroshenko signs law mandating humane treatment of animals, calls for improvement

Ukraine's President Petro Poroshenko has signed the law on amendments to certain legislative acts of Ukraine concerning the introduction of humane treatment of animals, and, in view of the shortcomings of several provisions of the document, sent his proposals to the Cabinet on how to improve it.

In a letter to Ukraine's Prime Minister Volodymyr Groysman, the Ukrainian president said "the proposed amendments to the Code of Ukraine on Administrative Offenses deal with administrative offenses related to cruel treatment of animals, the responsibility for which is established by Article 89 of the said Code, fall within the competence of district courts within the country, city courts, and district courts within a city and agencies of the National Police of Ukraine, the Ukrainian president's press service reported.

At the same time, according to Article 2421 of the Code of Ukraine on Administrative Offenses, the consideration of cases of the same administrative violations falls within the competence of the central executive authority implementing state policy on governmental supervision (control) in the field of environmental protection, rational use, reproduction and protection of natural resources.

"The head of state notes that the lack of delineation of the competence of these agencies to review cases of administrative violations concerning cruel treatment of animals in practice may lead to disputes between subjects of power over the implementation of their competence," the presidential press service said.

In addition, Article 299 of the Criminal Code of Ukraine says mistreatment of animals, committed with particular cruelty or in the presence of a minor, or against two or more animals, repeatedly, by a group of persons, in an active way, is punishable by deprivation of liberty for a term of five to eight years.

"Therefore, cruel treatment of animals under the following aggravating circumstances in accordance with Article 12 of the Criminal Code of Ukraine is a serious crime. According to the legal position of the Constitutional Court of Ukraine, the punishment for a crime must be proportionate to the crime, the offense stipulated by law and the scope of punishment must correspond to each other under the ruling of the Constitution Court of Ukraine dated November 2, 2004 No. 15-rp/2004)," the report reads.

In addition, it is necessary to improve the definition of the term of "mobile menagerie" in order to take into account the specifics of the activities of cultural institutions, in particular circuses, including mobile ones.

"In connection with the above, the president suggests taking urgent measures to prepare the necessary legislative proposals and to submit the relevant bill to the Verkhovna Rada of Ukraine in due course," the presidential press service summed up.

As reported, on June 22, 2017, the Verkhovna Rada of Ukraine passed the law on amending certain legislative acts relating to the introduction of humane treatment of animals, which provides for increased criminal and administrative liability for cruel treatment of animals.

The document introduces changes to the Code of Administrative Offenses, according to which cruel treatment of animals: torture, beatings, other violent actions that caused physical pain to the animal, but did not result in bodily harm will be fined by 200 to 300 non-taxable income minimums of citizens (UAH 3,400- UAH 5,100) with the confiscation of the animal, if there is a threat to it's health and life. The current version of Administrative Offences Code envisages a fine of nine to 21 non-taxable minimum incomes (UAH 153- UAH 357) for such actions.

In addition, the same actions committed against two or more animals, or by a group of individuals, entail a penalty from 300 to 500 non-taxable minimum individual incomes (UAH 5,100 – UAH 8,500) or administrative arrest up to 15 days with the confiscation of the animal if its stay at its owner's is a threat to its life or health.

Violent actions against an animal aimed at satisfying sexual desire will be fined by 200 to 500 non-taxable minimums (UAH 3,400 – UAH 8,500).

In addition, according to changes in the Criminal Code, cruel treatment of animals, which resulted in injury or death, will be punishable by arrest for up to six months or restriction of liberty up to three years. The same actions committed in the presence of a minor entail a restriction of freedom from three to five years, or imprisonment for the same period.