The Civil Law Regime of Animals: Problems of Definition and Prospects for Regulation
DOI:
https://doi.org/10.31489/2023L3/119-126Keywords:
object, civil law regime, things, animals, animals as an object of civil rights, animal legislation, animal protection, legal status of animals, animal rights, treatment of animalsAbstract
The article is devoted to the study of problems related to the study of the legal regime of animals in civil law. This article aims to study the problems associated with the definition of animals as an object of civil rights and to identify some prospects for regulation. In the course of the study, methods of analytical and comparative analysis of scientific sources, documents of legislation and legal practice in the field of the use of the animal world were used. The analysis made it possible to identify the main problems associated with the definition of animals as an object of civil rights, respectively, the problems of determining the civil law regime of
animals, as well as suggest promising directions for its regulation. The article presents the results of a study of materials on the modern regulation of the legal regime of animals, highlights domestic and foreign experience in this area, explores the methods of regulation used for the legal protection of animals. As a result of the analysis, such problems were identified as related to the legal regime of animals in civil law, such as the lack of the concept of animals as an object of civil rights, the insufficient legislative framework governing thelegal regime of animals, and the insufficient application of administrative and criminal liability in cases of cruelty to animals. As a result of the analysis, conclusions were drawn about the need to improve the legal regime of animals in order to ensure more effective protection and welfare of animals. Having a clear and unambiguous concept of animals in civil and special legislation will be an important step towards a clear definition of the civil law regime.