Age of the Subject of Animal Cruelty: Comparative Legal Analysis
( Pp. 238-244)
More about authors
Semenov Konstantin Petrovich
Cand.Sci.(Law), Associate Professor of the Department of Criminal Law
St. Petersburg University of the Ministry of Internal Affairs of Russia
St.Petersburg, Russia Timina Tatiana Nikolaevna Cand.Sci.(Law), Associate Professor, Deputy Head of the Department of Criminal Law
St. Petersburg University of the Ministry of Internal Affairs of Russia
St.Petersburg, Russia
St. Petersburg University of the Ministry of Internal Affairs of Russia
St.Petersburg, Russia Timina Tatiana Nikolaevna Cand.Sci.(Law), Associate Professor, Deputy Head of the Department of Criminal Law
St. Petersburg University of the Ministry of Internal Affairs of Russia
St.Petersburg, Russia
Abstract:
The article is devoted to the critical analysis of the signs of age and sanity of the subject of animal cruelty. According to the current Russian criminal legislation, the lower age limit of the subject of animal cruelty corresponds to sixteen years. However, taking into account the preventive orientation of Article 245 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) "Cruelty to animals", its main task is to awaken in the consciousness of the subject the need for humane (not cruel) treatment of animals, which will prevent the formation of a criminal personality ready in the future transfer the experience of torturing animals to people in the form of committing violent crimes against a person. Expecting the fulfillment of such a high moral and educational task from the criminal law ban, the authors asked the question of justifying the possibility of reducing the age of the subject of ill-treatment.
How to Cite:
Semenov K.P., Timina T.N., (2022), AGE OF THE SUBJECT OF ANIMAL CRUELTY: COMPARATIVE LEGAL ANALYSIS. Gaps in Russian Legislation, 6 => 238-244.
Reference list:
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Kozochkin I.D. Criminal law of the USA: successes and problems of reform. - St. Petersburg: Publishing house of R. Aslanov "Law Center Press", 2007. - 478 p.
Miroshnichenko V.S. Animal cruelty (criminal law and criminological aspects): dis. ... cand. jurid. sciences'. 12.00.08. - Moscow, 2013. - 210 p.
Semenov K.P. Animals as an object and means of crime: dis. ... cand. jurid. sciences'. 12.00.08. - St. Petersburg, 2015. - 227 p.
Skrynnikov R.G. Ivan the Terrible. - M.: LLC "AST Publishing House". 2001. - 480 p.
Criminal Code (Criminal Code) of the Federal Republic of Germany: text and scientific and practical commentary. - Moscow: Prospect, 2010. - 280 p.
Criminal law of bourgeois countries: General part. Collection of legislative acts / Edited by A.N. Ignatov and I.D. Kozochkin. - M.: Publishing House of UDN, 1990. - 312 p.
The Criminal Code of the State of Texas / Scientific editing and foreword by cand. jurid. Sciences, prof. I.D. Kozochkina. Translated from English by D.G. Osipov, I.D. Kozochkin. - St. Petersburg: Publishing house of R. Aslanov "Law Center Press", 2006. - 576 p.
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Keywords:
animal cruelty, age of the subject of the crime, minors, sanity.
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