Resumo
Animals often become a subject of criminal attacks. However, their legal status is not well defined. The article is devoted to the analysis of the contradictions between the legal and biological characteristics of animals that have been subjected to criminal action. Today, in civil and criminal law they are considered as things, that is, inanimate objects. At the same time, numerous studies of the elementary behavior of representatives of the fauna show that, they can feel, experience emotions and possess rational abilities. In this regard, it becomes necessary to study further the legal status of animals, especially those who can carry out reasonable activities. The article provides various opinions of scientists on this issue. Attention is drawn to the position of authors who regard animals as a thing, animate objects. The authors’ position is expressed regarding proposals on the criminal legal protection of only vertebrates. The authors conclude that attacks on animals harm the moral principles of society. They propose to consider only mammals and birds as a subject of cruelty to animals.
Referências
Bekoff, M. (2007). The emotional lives of animals: a leading scientist explores animal joy, sorrow, and empathy-and why they matter. Novato: New World Library.
Blauberg, I.V. (1966). Brief Dictionary of Philosophy. USSR: Izdatelstvo Politicheskoy Literatury.
Bogatova, E.V. (2012). Prevention of animal cruelty. Yekaterinburg.
Brewster, M.P., Reyes, C. (2012). Animal cruelty: a multidisciplinary approach to understanding. Durham, North Carolina: Carolina Academic Press.
Chudnovsky, V.S., Chistyakov, N.F. (1997). The basics of psychiatry.
Rostov-on-Don: Fenix.
Coorey, L., Coorey-Ewings, C. (2018). Animal Victims of Domestic and Family Violence: Raising Youth Awareness. Animal Studies Journal, 7(1), 1-40.
Efimova, L.G. (1998). About correlation of property obligations and right of obligation. State and law, 10.
Eryshev, O.F., Sprint, A.M. (2005). Psychiatry for everyone. St. Petersburg: SpetsLit.
Fischer, B. (2019). Moral Bioenhancement Probably Won’t Improve Things for Animals (and May Make Them Worse). Topoi 38, 141–151.
Flynn, C.P. (2011). Examining the links between animal abuse and human violence. Crime Law Social Change 55, 453–468.
Frank, S. L. (1917). The soul of a man. Moscow: AST.
Ilyichev, L.F., Fedoseev, P.N. (1983) Philosophical Encyclopedic Dictionary. Moscow: Sovetskaya Entsiklopediya.
Karpovich, V.D. (1995). Commentary on the first part of the Civil Code of the Russian Federation for entrepreneurs. Moscow: Spark.
Kitaeva, V.N. (2010). Animals and crimes: criminal law and forensic research. Irkutsk: BSUEP.
Lukasheva, A.V. (2001). Features of the legal status of animals. Citizen and Law, 4.
Ozhegov, S.I., & Shvedova, N. Yu. (1995). Explanatory dictionary of the Russian language. Moscow: Az.
Semenov, K.P. (2015). Animals as an object and means of crime: dis. ... cand. legal sciences. Saint-Petersburg.
Thurow, J.C. (2018). Animals with Soul. SOPHIA 57, 85–101.
Vlasova, A.V. (2000). To the discussion of property and liability rights. Jurisprudence, 2.
Voino-Yasenetsky, V.F. (1991). About the spirit, soul and body. Rostov-on-Don: Obraz