FAILURE TO TAKE SUFFICIENT CARE AND CONTROL OF VERTEBRATES – ADMINISTRATIVE VIOLATION OR CRIME

Autor: Kirova, Silvia, Kirov, Veselin, Nikolova, Gergana, Kostov, Iliyan
Jazyk: angličtina
Rok vydání: 2018
Předmět:
DOI: 10.5281/zenodo.1217954
Popis: Owners and persons supervising animals are obliged to take adequate and enough care for them and to control their behaviour. This obligation is explicitly governed by the provisions of article 149, article 150 and article 177 of the Veterinary Medicine Act (VMA). Any failure to take due care, i.e. owners’ omission, may result in damages both to animals and the other members of the society. The liability of the owners and the persons supervising the animals may be criminal in case the hypotheses of article 325c) of the Criminal Code exist, or administrative – criminal in case with their omission, respon-sible individuals have violated only the requirements of the veterinary medical legislation. This study highlights the need to differentiate cases where the responsible individu-als’ failure to take enough care for the animals is only an administrative violation, and cases where this is a crime, and what are the competent government authorities that im-pose sanctions to the violator. The judgment of this circumstance is crucial with view of the prohibition to sue a violator twice for the same, also used as a basis for the interpretation in Interpreting Decision No 3 enacted on 22.12.2015 under interpreting case No 3/2015 as per the inventory of the General Assembly of the Criminal Bar at the Supreme Court of Cassation.
{"references":["Interpretation decision No 3 effective from 22.12.2015 under corporate case No 3/2015 of the General Assembly of Criminal Bodies of the Supreme Court of Cassation.","Road Traffic Act, effective from 01.09.1999, specified denomination of 05.07.1999, promulgated in State Gazette No. 20 of 5 March 1999, amended and supplemented State Gazette No. 11 of 31 January 2017","Adjudication No 21/21.10.2016 under private criminal case of appeal No 1031/2016 as per the inventory of the District Court of Burgas","Adjudication No 1476/21.09.2016 under private criminal case 5236/2016 as per the inventory of the District Court of Burgas.","Decision of 18.07.2014 under general criminal case No 242/2014 as per the inventory of the District Court of Veliko Tarnovo","Decision No 470 of 28.05.2014 of the Regional Court of Veliko Tarnovo under administrative criminal case No 925/2014","Decision No 1445 of 20.07.2016 under administrative criminal case No 2144/2016 as per the inventory of the Regional Court of Varna.","Decision No 1445 of 20.07.2016 of the Regional Court of Varna under administrative criminal case No 2144/2016.","Judgement No 4136 of 30.05.2016 of the Regional Court of Blagoevgrad under general criminal case No 2467/2015.","Judgement No 208 of 11.12.2014 of the Regional Court of Ruse under general criminal case No 2195/2014","Decision No 1313 of 20.11.2013 of Sofia City Court under general criminal case of appeal No 3252/2013","Animal Protection Act, promulgated in State Gazette No 13 от of 8 February 2008, amended and supplemented State Gazette No. 34 of 3 May 2016.","Criminal Procedure Code, promulgated in State Gazette no. 86 of 28.10.2005, amended and supplemented State Gazette No 13 of 7.02.2017","Administrative Violations and Punishments Act, promulgated State Gazette No 92 of 28 November 1969, supplemented State Gazette no. 101 of 20 December 2016.","Interpretation decision No 3 effective from 22.12.2015 under corporate case No 3/2015 of the General Assembly of Criminal Bodies of the Supreme Court of Cassation","European Convention on Human Rights and Article 4 §1 of Protocol No 7. http://www.echr.coe.int/ Documents/Convention_BUL.pdf","Law for ratification of Protocol No 4 and Protocol No 7 to the Convention on Protection of Human Rights and Fundamental Freedoms, promulgated in State Gazette No 87 of 24.10.2000","Constitution of the Republic of Bulgaria effective from 13.07.1991 promulgated in State Gazette No 56 of 13 July 1991, amended and supplemented State Gazette no. 100 of 18 December 2015","Krippendorff, Klaus H. (2004). Content Analysis: An Introduction to Its Methodology. Second Edition. Sage Publications.","Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes. OJ L 221, 8.8.1998, p. 23–27.","Ordinance No 16 of 3 February 2006 for protection and aluminum relationship with cutting use of agricultural animals issued by the Ministry of agriculture and forests, in force since 01.05.2006., issued SG. No 18 of February 28, 2006."]}
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