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Cruelty to animals in Kazakhstan: moral and legislative aspects
Long-term health disorder refers to temporary loss of ability (disease, disability etc.) directly related to injury. The significant permanent loss of general working ability to less than one-third refers to the loss of such a ability from 10 to 30 % inclusive.
The moderate injury includes, as an example, cracks and fractures of small bones, one or three ribs on one side, dislocations of small joints, constant difficulty in speech, loss of a finger or toe, moderate concussion of the brain, etc. [4].
Bodily harm is considered to be short-term health disorder, as well as light permanent loss of ability. The short-term health disorder should be related to the injury for the period of not more than three weeks (21 days).
Insignificant loss of working ability meant refers to permanent loss of general labor ability to 5 %.
The infliction of light bodily harm includes, as an example, the loss of the finger (except the thumb and forefinger), impaired vision and hearing, related to permanent loss of general labor ability, multiple bruises and scratches, etc. [5].
The abovementioned crimes are considered to be crimes against the health of an individual. The right to health, unlike other human rights, just recently have been stipulated in the Constitution of many countries. The constitutions of XVIII-XIX centuries did not specify the right to health, although other human rights were proclaimed. Internationally, the human right to health was recognized in 1948: “Everyone has the right to a living standard which includes food, clothing, housing and medical care and the necessary social services, adequate for the health and well-being of himself and his family”.
Great importance of such benefits as life and health, give place to their full protection and care.
Today, one of the most important tasks of the state in the field of law is the protection of citizens, including their health, as a component part of the general policy of the state to strengthen the society.
References:
1. The Charter of the World Health Organization.
2. The Constitution of the Republic of Kazakhstan from August 30, 1995. - Article 29.
3. Criminal Code of the Republic of Kazakhstan from July 3, 2014, - Article 106.
4. Guidelines to forensic medical examination of bodily harm, approved by the order of the Ministry of Health from
December10, 1996. - No. 407, - Clause 2.
5. Guidelines to forensic medical examination of bodily harm, - Clause 49.
Ahmetov Roman, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law Baysalov Aly Dzhumamuratovich, Kazakh National University named after al-Farabi, candidate of jurisprudence, the Faculty of Law Rahymova Gakku Nurlanovna, Humanities University of transport and law named after D. A. Kunaev, senior lecturer, the Faculty of Law
E-mail: B_ali_77@mail.ru
Cruelty to animals in Kazakhstan: moral and legislative aspects
Abstract: This article discusses the issues related to animal cruelty. Some problems of the moral side of such acts. Particular attention is paid to the legal aspects in the Republic of Kazakhstan in the field of animal protection, as compared with foreign countries, we have it developed quite weak.
Keywords: morality, assault, fighting, prevention.
The problem of cruelty to animals in Kazakhstan is not paid so much time and effort as it should be, especially compared with other countries where animal rights are protected quite efficiently. Many people underestimate the importance of the moral aspects of the problem of cruelty to animals, and in fact treatment of animals is reflected in the moral and ethical, economic and social aspects of life in any society and affects the feelings and interests of many people. Cruelty to
animals forms among offenders a sense of indifference to the livings beings suffering, as well as the seeds of violence and aggression towards the people around them. These actions have an impact on the consciousness of those who commit acts of cruelty to animals and to people who witnesses such acts. It is especially dangerous for young children to witness such acts, as it may impose a negative impact on the rest of their life, as well as affect the attitude of the children to violence in the
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Section 12. Criminal law and criminology
future. Modern criminology and psychology clearly show the direct connection between cruel acts against animals and violent crimes against people [1].
Animal cruelty generally falls into two categories: neglect, or intentional cruelty. Neglect is the failure to provide adequate water, food, shelter, or necessary care. Examples of neglect include: starvation; dehydration; inadequate shelter; parasite infestations; failure to seek veterinary care when an animal is in need of medical attention; allowing a collar to grow into an animal’s skin; confinement without adequate light, ventilation, space or in unsanitary conditions.
Using deception to mask abuse: Perpetrators of animal cruelty often portray themselves as kindly animal lovers, making it difficult for people to believe them capable of abuse. From the “friendly" neighbour who mistreats his pets behind closed doors, to the “respected” community member who operates a puppy mill or substandard zoo — there is no one identifying feature that marks a person as capable of committing such unfathomable crimes. Abuse of any animal is upsetting, not only for the pain and suffering inflicted on the animal, but for the fact that animal abuse is often a precursor to human-directed violence and an indicator of family crisis [4].
In today’s world the problems of the relationship between man and animal has ceased to be arguments about the moral principles of human activity. Opposition to animal cruelty became, in our opinion, one of the important issues and factors of social, political and economic life of the Republic of Kazakhstan, in spite of little attention paid to this issue on the part of the Kazakh society and of the state as a whole.
First of all, the specificity of the problem of cruelty to animals causes patchy information about the facts of the wrongful conduct and at the same time, latent component of this type of crime which is high enough. In Kazakhstan, as well as in foreign countries it rates higher than those officially taken into statistics account. And, if you rely on these statistics, the proportion of crimes against animals in Kazakhstan remains stable. One aspect of the infringement in the case of animal cruelty is the morality of society, and, in our opinion, morals must be the object of criminal law protection, as it is human value which suffers primarily with crimes against animals [3].
Based on the general problem of cruelty to animals in the Republic of Kazakhstan, we would like to focus on a special law “On the treatment of animals” as one of the ways to solve this problem. This bill should, in our opinion, provide first general requirements for the treatment of animals and should pay attention to the following points:
- pet owner must take care of their animals and provide them with all necessary living conditions;
- any person who is obliged to refrain from causing suffering to an animal, regardless of its origin;
- the use of animals in scientific experiments or in the educational process is allowed only if there is no possibility of an alternative replacement;
- the use of animals in various activities for profit is permitted only with special permission;
- during animal breeding using genetic engineering techniques is not allowed to change the appearance and nature of animals, in case this may lead to animal suffering.
Secondly, we consider it necessary in this bill to establish direct prohibitions on improper uses or treatment of animals. More specifically, to make bans on:
- the use of traumatic methods and techniques in the capture of animals from the cells;
- sports, entertainment events, including fighting animals;
- hunting, trapping and other forms of extraction of wild animals having young animals who are not capable to exist independently;
- carrying out hunting in the form of entertainment, built on the persecution and killing of animals;
- the use of animals with the suffering infliction on them as live bait while training, hunting, trapping them and other forms of wild animals extractions [2].
As part of the means of specially-criminological prevention and to develop effective measures against crime, interaction between the legislative and executive authorities, local governments, law enforcement agencies and public organizations in the field of animals protection is required. It is necessary to create the Coordination Council for Prevention of Cruelty to Animals in the subjects of the Republic of Kazakhstan. The priority tasks of creation and activity of these councils could, in particular, be the followings:
- to develop measures of counteraction to cruelty to animals; to develop the principles and procedures of interaction between different bodies, institutions and organizations, including the public ones, in terms of sharing necessary information about the relevant facts of unlawful acts against animals;
- to promote international and interregional relations in order to study, analyze and implement best practices for the prevention of cruelty to animals;
- to participate in the preparation of annual reports on the state of animal protection in any region, as well as conferences and seminars on the organization and ensure animal welfare protection;
- to organize regular research on this issue with the appropriate funding [1].
In conclusion, we would like to note that the necessary measures of specially-criminological preventive nature, in our opinion, are:
- the organization of preventive conversations with people who are potentially able to commit such crimes;
- active involvement in the process of detecting animal cruelty facts the members of the public who are able to immediately notify the related authorities to take the necessary response measures.
Kazakhstan needs a unified law on animals, it is the law, rather than regulation or rules for the treatment at the local level that each regional administration can formulate and interpret as it is convenient for them. This law must be efficient
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The problems of fighting against terrorism in the Republic of Kazakhstan
and effective, according to which every person maltreating not remain on the sidelines, even morally. Cruelty to animals defenseless living creature would be justly punished. deserves careful and serious attitude from the part of soci-
In such cases, the facts of indifference are unacceptable If ety in all aspects.
a person has witnessed the mistreatment of animals, he must
References:
1. Miroshnichenko V. S. Cruelty to animals: criminal and criminological aspects: Author. Dis ...Cand. jurid. Sciences. -Moscow, 2013.
2. Clicks B. Protection of Cruelty to Animals.//Laws and regulations. - M., 2008. - № 4.
3. Miller E. Criminal - legal protection of morals: Diss. .Cand. jurid. Sciences. - Rostov-on-Don, 2006.
4. Protection of Animals, What is Animal Cruelty// [Electronic resource]. - Available from: http://www.ontariospca.ca/
Abdrashev Ruslan Murathanovich, Almaty Management University, Doctor of Legal Science, Professor, the Facultu of law
E-mail: rusabdr@mail.ru Baimagambetova Zulfiya Mazhitovna, KazNU named after al Farabi, Doctor Ph.D, docent, Faculty of the Foreign Relations E-mail: zula_bai@mail.ru Seralieva Aliya Mazhitovna, KazNPU named after Abai, Candidate of Legal Sciences, docent, Department of social and humanities disciplines E-mail: aliya_mazhitovna@mail.ru
The problems of fighting against terrorism in the Republic of Kazakhstan
Abstract: the Article is sanctified to the conceptual aspects of fight against terrorism in Republic of Kazakhstan. An authors conducted the analysis of counterterrorist legislation of Republic of Kazakhstan (Criminal code of Republic of Kazakhstan, Law “On counteraction to extremism", Law “On counteraction to terrorism”, Government Program of counteraction to religious extremism).
Keywords: terrorism, terrorist acts, terrorist activities, terrorist crimes, extremism, extremist organization; ideology of violence.
Events of 2011 that took place in Atyrau, Zhambyl, Aktobe regions of Kazakhstan, indicate that there is international terrorism in our country. The country has received almost all possible forms of anti-state and anti-human terror: it’s the holding of hostages, demonstration murders of law enforcement officers. At the same time, the commission of terrorist acts against law enforcement officials is a feature of terrorism in Kazakhstan. A major role in these processes has been brought by global trends in terrorism as a political weapon of the struggle for world power.
In order to protect national security field work is conducted to identify those who involved in extremist and terrorist activities within the territory of Kazakhstan, and hiding in our country from pursuing of law enforcement agencies of foreign countries for terrorist crimes outside of Kazakhstan. However, despite the taken measures, the extremist and terrorist activities is becoming more organized every year and new faces are involved in the ranks of such groups
under the influence of external forces. In particular, the international extremist and terrorist organizations that hide behind religious rhetoric are trying to form radical views and beliefs in Kazakhstan society.
Their purposeful impact on the consciousness of individuals leads to a loss of a sense of patriotism and national identity, cultural, moral and family values. To undermine the foundations of the constitutional system international extremist and terrorist organizations, spreading radical ideas, provoke antisocial mood, making plans and intentions to commit acts of terrorism within the territory of Kazakhstan [1].
European countries are fighting terrorism in four main areas. The first is to identify and block financial flows that feed terrorism. The second is related to the development or updating of legislation and the conceptual framework in this area. The third direction is improvement of cooperation between law enforcement agencies of individual countries. The fourth area is to improve the interjudicial cooperation [2].
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