In Ukraine, a dog or cat can be confiscated from the owner: for which violations such a punishment is provided

In Ukraine, pet owners risk not only receiving a fine for violating the rules for keeping dogs and cats, but also losing their pet. The legislation provides for the confiscation of animals in cases of cruel treatment or violation of the rules of keeping, which caused harm to human health or property. At the same time, the final decision on confiscation is made by the court.

What can a pet be confiscated for

According to Article 12 of the Law of Ukraine “On the Protection of Animals from Cruel Treatment”, the right of ownership of a pet may be terminated by a court decision in cases of cruel treatment of it.

The law provides for two mechanisms for confiscation:

Confiscation – forced free removal of an animal.

Paid removal – forced removal with compensation for its value in accordance with the procedure established by law.

However, not every violation of the rules for keeping animals automatically leads to confiscation.

Cruelty: fines up to 8,500 hryvnias

Article 89 of the Code of Ukraine on Administrative Offenses provides for liability for cruel treatment of animals, abandoning them to their fate and other violations of established rules.

The following actions are provided for:

A fine of 3,400 to 5,100 hryvnias – for offenses provided for in part one of the article.

A fine of 5,100 to 8,500 hryvnias or administrative arrest for up to 15 days – for a repeated violation within a year, committing the relevant actions by a group of persons or in relation to two or more animals.

Confiscation is applied if the continued presence of the animal with the owner poses a threat to its life or health.

Can a dog be taken away if it has bitten a person

Article 154 of the Code of Administrative Offenses provides for certain grounds for confiscation.

If the owner has violated the rules for keeping or walking a dog, resulting in harm to a person’s health or property, the law provides for a fine with confiscation of the animal.

The fines are:

For citizens – from 1,700 to 3,400 hryvnias.

For officials – from 3,400 to 5,100 hryvnias.

At the same time, the fact of a bite itself does not mean automatic confiscation. It is necessary to establish a violation of specific rules, the fact of causing harm and the causal connection between them.

Walking without a leash or muzzle: what is the punishment

Administrative liability is also provided for violation of the rules for walking dogs.

In particular, citizens face a warning or a fine of 170 to 340 hryvnias. For repeated violation within a year, the fine is from 340 to 510 hryvnias.

At the same time, the legislation does not require the mandatory use of a muzzle for all dogs. This requirement applies to breeds included in the list of dangerous breeds approved by the Cabinet of Ministers.

Walking in violation of the rules in itself, if it did not cause the consequences stipulated by law, is not a basis for confiscation of the animal under Article 154 of the Code of Administrative Offenses.

Criminal liability: up to eight years of imprisonment

Criminal liability is provided for especially serious cases of animal cruelty under Article 299 of the Criminal Code of Ukraine.

Depending on the circumstances of the offense, the punishment may range from restriction of liberty to imprisonment for a term of up to eight years.

In particular, stricter sanctions are applied for cruel treatment committed with particular cruelty, repeatedly, by a group of persons or against several animals.

In the cases stipulated by the article, the punishment is accompanied by confiscation of the animal.

Can an animal be taken away before a court decision

Article 265-5 of the Code of Administrative Offenses allows authorized officials to temporarily seize animals if there are grounds provided for by law.

Such seizure is possible even before the final consideration of an administrative case.

However, temporary seizure does not mean that the owner has finally lost the right to own the animal.

The decision on confiscation as an administrative penalty is made exclusively by the court.

Can a dog be confiscated due to complaints from neighbors

Complaints from neighbors about barking, the dog’s behavior, or violation of the rules of keeping are not sufficient grounds for confiscation in themselves.

Such appeals may become a reason for an inspection, but in order to seize an animal, specific violations and circumstances provided for by law must be established.

Thus, in Ukraine, confiscation of pets is possible only on grounds specified by law. A simple violation of the rules of walking or a complaint from neighbors does not mean the automatic loss of a pet.

Source: “Sudovo-Yurydychna Gazeta”, Code of Ukraine on Administrative Offenses, Criminal Code of Ukraine, Law of Ukraine “On Protection of Animals from Cruelty”.