The Ministry of Ecology proposes to assign the police to write out the fines for the cruelty to animals and the courts should only consider the criminal cases on this issue. It is planned to change the definition of the terms 'cruelty to the animals' and 'traveling wild beast show'. The proper draft law was published at the website of the ministry for the discussion; the criticism and offers will be accepted until October 22 and then the document will be submitted to the parliament.
It is not an initiative of the Ecology Ministry; it also fulfills the assigning of President of Ukraine Petro Poroshenko after the signing of the decree #2120-VIII 'On amendments to some legislative act of Ukraine (concerning the implementation of the humanitarian attitude toward the animals)'.
The main notes of the president concerned the necessity to distinguish the authority of the National Police and the judges during the consideration of the violations, implementation of the proper punishment due to the offense and agreement with the other acts to define the term 'traveling wild beast show'.
It is offered to change some norms of the document to take into account the notes.
At the moment the law provides that the writing out of the fines for the cruelty to the animals is the authority of both police and court.
'The project of the act provides that the National Police will consider the cases of the administrative violations of the law toward the cruelty to the animals (except the wild animals) and the judges of the district, district in the city, city and city district courts should be withdrawn of such authority', the Ministry of Ecology specified.
The police will write out the fines for the cruelty to animals and the courts will consider the criminal cases on this issue
The published document withdraws the norm of the responsibility for the violation toward the animals to satisfy the concupiscence. However, the ministry promised to return this norm.
'The Ministry of Ecology already received the offers concerning the violation toward the animals to satisfy the concupiscence that it should remain unchanged'.
It is also offered to change the term of 'cruelty to the animals'. The existing variant supposes the actions that caused pain and sufferings and the future one goes on the beating and the violations of the transporting. Also, the possibility to confiscate the animal was excluded.
It is also offered to change the norms of the Criminal Code on the responsibility for the travesty of the animals. Particularly, they want to separate the cruelty that led to the traumas and promotion of the information with the calling for such actions. Earlier these norms were combines in one article and the punishment was the same for both cases.
The authors of the changing terms want to emphasize that the disinfection events, self-defense, hunting, fishing, scientific and other legal activity are not the cruelty toward animals.
Moreover, the 'traveling wild beast show' that was defined as the motorhome is offered to call the cages aimed for the examination of the animals and it is not connected with their education or other cultural or circus aims.
The law on the strengthening of the responsibility for the cruelty toward animals came into force on August 4 in Ukraine.