Legal status of pets: a new view of judicial practice on an old problem

Authors

DOI:

https://doi.org/10.17308/law/1995-5502/2023/4/119-124

Keywords:

pets, compensation for moral damage, things, subject of law, humane treatment of animals

Abstract

This study highlights the problem of protecting the intangible benefits of a person and citizen in connection with the loss of a pet. The article provides an overview of Russian judicial practice in disputes on compensation for moral suffering. The author focuses the reader's attention on the new approach of the Supreme Court of the Russian Federation in resolving disputes on compensation for moral damage, notes the development trends of judicial practice in this category of cases, and also raises issues that have not received their consideration and qualitative resolution in jurisprudence. As a result of the study of this issue, the author provides recommendations for improving Russian law enforcement, suggests ways to solve key issues that are important for citizens in disputes over compensation for moral damage. Particular attention is paid to the calculation of compensation for non-pecuniary damage for the death of a pet.

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Author Biography

  • S.E. Bibikov, Kutafin Moscow State Law University

    Postgraduate Student, Trainee of Lawyer of MCВA «Bureau of Lawyers “De jure”»

References

Lukasheva A. V. Peculiarities of the legal status of animals // Citizen and Law. 2001. No. 4. P. 25.

Mikhailov S. Yu. Animals as a subject of law or the absurdity of this theory // Legal education : Collection of scientific papers. Vol. 12. Rostov-on-Don : Rostov Institute (branch) of the federal state budgetary educational institution of higher education «All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)» in Rostov-on-Don, 2021. P. 227– 234.

Puzevich A. N. The concept and signs of animals as an object of civil law // Legal Science. 2011. No. 4. Р. 77–78.

Shershenevich G. F. Textbook of Russian civil law (according to the edition of 1907). Moscow : Spark, 1995. Р. 556.

Zakharov D. V. Animals as objects of civil rights: textbook. Yekaterinburg : Publishing House in the Urals. un-ta, 2020. P. 98.

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Published

2024-04-02

Issue

Section

Civil Law and Process