Problematic Result of Domestic Lawmaking: Legislative Establishing Protection of Life or Health of Animals and Plants
Abstract
The article presents the result of a comprehensive study of a new legal category — «life or health of animals and plants», which is present in several existing and projected federal laws. The purpose of the study, conducted using formal legal and systemic methods, as well as the method of modeling, is to find out what is the correlation of this category with the legislation and the legal system as a whole. It is proved that the investigated norms contradict the constitutional provisions and the legislation of Russia, moreover, the fundamental principles of law relating animals and plants not to the subjects, but to the objects of legal relations. The design of the criticized rules is such that not only people, but also animals and plants should be recognized as victims of an administrative offense and creditors for compensation for harm to life and health. The analysis of judicial practice shows that these norms will not be useful in the protection of animals from abuse, and objects of fauna, plants, forests and forest resources — from the destruction, illegal use and harmful effects of human economic activity, because these norms are not applicable in practice. The reason for the penetration of norms on protection of «life or health of animals and plants» into the current Russian legislation is found — it is result of bad implementation of the wording of some international treaties with the participation of Russia without taking into account the peculiarities of the Russian legal system. The analysis of publications on the topic indicates attempts of scientific substantiation of the dubious legitimization, which confirms the author's hypothesis about the possible threat of deformation of the Russian legal doctrine. Errors that caused the criticized state of certain norms of federal laws are named and classified. Author justified the necessity of harmonization of terminology and criticized the content of individual norms with the provisions of the Constitution of Russia and federal laws in the areas of health protection, environmental protection and natural resources, the protection of property rights of physical and legal entities. In this regard the recommendation by the planning and coherence of the work proposed at the stage of law-making, the use of legal technology are given.
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