Animals under the Russian Law: Concept and Classification

Introduction. The Russian law has developed a system of norms regulating attitudes of humans to animals. Different groups of animals fall under different branches of law. The aim of the article is to analyse the concept of an animal in the Russian law, propose a doctrinal classification of animals by the criterion of applicable legal regime, as well as ascertain the practical significance of animal classification for juridical science and law enforcement practices.

Materials and Methods. The dogmatic-legal and comprehensive methods of analysis of regulatory legal acts, law enforcement practices and doctrinal approaches formed the methodological basis of the work. A legal regulation model of attitudes of humans to animals in today’s Russia was analysed and substantiated.

Results. Three main domains of legal regulation were identified: civil-law regime regulating animals as a special type of property; administrative-law regime regulating domestic, stray, service, and laboratory animals; and ecological regime regulating wild fauna as a component of the environment and an object of state property. It was found that transition of animals from one category to another (from domestic to stray, from wild to captive, etc.) induces conflict of law requiring clarification of legal constructs and approval by the authorities. The practical significance of the proposed classification for the interpretation of legislation, selection of applicable norms, determination of the liable parties, and balancing between private and public (environmental) interests was substantiated. Special attention was paid to legal regulation between branches of law, and to the risk of fragmentation of the legal regime for animals.

Discussion and Conclusion. Based on the study results, the trend towards humanistic attitude to animals could be traced in the Russian law. Directions for further improvement of the legal system in this field should be determined with respect to the diverse social roles of animals in the present-day society.

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