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 — «lifeor health of animals and plants», which is present in several existing and projected federallaws. 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 categorywith the legislation and the legal system as a whole. It is proved that the investigatednorms contradict the constitutional provisions and the legislation of Russia, moreover,the fundamental principles of law relating animals and plants not to the subjects, butto the objects of legal relations. The design of the criticized rules is such that not onlypeople, but also animals and plants should be recognized as victims of an administrativeoffense and creditors for compensation for harm to life and health. The analysis of judicialpractice shows that these norms will not be useful in the protection of animals fromabuse, 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 notapplicable in practice. The reason for the penetration of norms on protection of «life orhealth of animals and plants» into the current Russian legislation is found — it is result ofbad implementation of the wording of some international treaties with the participationof Russia without taking into account the peculiarities of the Russian legal system. Theanalysis of publications on the topic indicates attempts of scientific substantiation of thedubious legitimization, which confirms the author’s hypothesis about the possible threatof deformation of the Russian legal doctrine. Errors that caused the criticized state ofcertain norms of federal laws are named and classified. Author justified the necessityof harmonization of terminology and criticized the content of individual norms with theprovisions of the Constitution of Russia and federal laws in the areas of health protection,environmental protection and natural resources, the protection of property rightsof physical and legal entities. In this regard the recommendation by the planning andcoherence of the work proposed at the stage of law-making, the use of legal technologyare given.
For citation: Gorokhov D.B. (2019) Problematic Result of Domestic Lawmaking: Legislative Establishing Protection of Life and Health of Animals and Plants. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 45–78 (in Russian) DOI: 10.17-323/2072-8166.2019.2.45.78