Punishment for animal killing proposed to be brought closer to sanctions for killing a person — up to 15 years imprisonment

In Ukraine, it is proposed to drastically toughen penalties for animal cruelty. The new initiative calls for the introduction of real prison terms for intentional killing and torture of animals, as well as the exclusion of the possibility of paying a fine for such actions. In particular, a punishment of up to 15 years imprisonment is proposed, responsibility for leaving animals in danger, and a number of other changes to criminal legislation.

The Cabinet of Ministers is asked to initiate a radical increase in responsibility for crimes against animals. In petition No. 41/010149-26ep, it is proposed to significantly strengthen liability for crimes against animals. The author of the appeal calls on the government to initiate amendments to the Criminal Code of Ukraine, which will provide exclusively criminal punishment in the form of imprisonment for intentional killing or torture of animals.

Responsibility for crimes against animals is proposed to be strengthened

The petition text states that current Ukrainian legislation provides for both administrative and criminal liability for animal cruelty.

In particular, Article 89 of the Code of Ukraine on Administrative Offenses establishes liability for animal cruelty in the form of fines. At the same time, Article 299 of the Criminal Code of Ukraine provides for criminal liability, which in some cases may also include a fine or restriction of liberty.

According to the author of the petition, the possibility of paying a monetary penalty is not a sufficient deterrent for persons who deliberately abuse animals.

The appeal cites an example of a person who, according to the author, inflicts serious injuries on animals and continues such actions after paying a fine, realizing that the harshest consequence for them can only be a financial penalty.

The document raises two key issues.

The first concerns why actions accompanied by torture or intentional killing of an animal can be punished by a fine or classified as less serious offenses.

The second is related to the risk of repeated cruel acts against animals by persons who actually do not bear severe punishment for such acts.

What legislative changes are proposed

The petition proposes that the Cabinet of Ministers initiate amendments to criminal legislation and submit appropriate legislative proposals for parliamentary consideration.

In particular, the author proposes to establish that a person who intentionally causes pain to an animal by bodily injury, torture, or starvation should bear criminal liability in the form of imprisonment for a term of three to five years without the possibility of replacing the punishment with a fine.

For intentional killing of an animal, it is proposed to establish punishment in the form of imprisonment for a term of seven to fifteen years without the right to pay a fine instead.

The petition notes that such sanctions are proposed by analogy with liability for battery, torture, and intentional killing of a person.

At the same time, the author separately emphasizes that killing a domestic animal for food purposes should not be considered a crime.

Which circumstances are proposed to be considered aggravating

Among the circumstances proposed to be recognized as aggravating during the killing or torture of animals are:

• killing or torture of two or more animals;
• committing a crime against a juvenile or pregnant animal;
• particular cruelty;
• a method dangerous to the lives of many animals or people;
• hooligan motives;
• concealment of another crime or aiding its commission;
• combination with sexual violence against an animal;
• commission on order;
• prior conspiracy of a group of persons;
• repeated intentional killing of an animal;
• the offender being under the influence of alcohol or drugs.

Punishment regardless of the presence of children

It is separately proposed to establish that criminal liability for such actions should arise regardless of whether a child witnessed the crime.

At the same time, committing cruel treatment or killing of an animal in front of a child is proposed to be recognized as a circumstance that aggravates the punishment and may affect its severity.

Liability for witnesses of the crime

The author of the petition also proposes to establish criminal liability for persons who witnessed a crime against an animal but did not intervene or report it to law enforcement agencies.

In his opinion, such persons should be recognized as accomplices and bear punishment in the form of imprisonment for up to two years.

What is proposed regarding abandoned and injured animals

A separate block of proposals concerns cases of leaving an animal without help in a life-threatening condition.

The author of the petition believes that a person who put an animal in a dangerous situation and left it without help should bear responsibility in the form of imprisonment for a term of five years if the animal survived, and up to fifteen years if the animal died.

In addition, it is proposed to impose on the guilty person the obligation to fully pay for the treatment of the animal until recovery.

In cases of unintentional harm caused by negligence or overconfidence, the author proposes to oblige the person to take the animal to a veterinary facility, pay for treatment, and report the incident to law enforcement.

It is also proposed that persons who unintentionally caused harm to an animal without signs of criminal negligence or overconfidence be obliged to take all possible measures to save it and report the incident to law enforcement agencies.

In which cases euthanasia is proposed to be allowed

The petition contains a separate proposal regarding ending the life of an animal for humane reasons.

In particular, it is proposed to allow such actions only in cases where due to a severe illness or suffering, it is impossible to help the animal in any other way.

In such cases, euthanasia, according to the author, should be carried out exclusively in a veterinary clinic after appropriate examination and confirmation of the impossibility of treatment.

How many signatures are needed for the petition to be considered

For the appeal to be considered by the Cabinet of Ministers, it must collect at least 25,000 signatures. There are 92 days left until the end of the collection.

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