AD ALTA
JOURNAL OF INTERDISCIPLINARY RESEARCH
which may be misused by circuses, and the effort of the new law
may not have its originally intended effects in the end.
Within the de lege ferrenda proposals, we suggest that the
definition which involves the prohibition of performance of
animals in circuses is modified in a way, that any animal circus
performance, further specified in the ministerial decree, is
prohibited. The restriction should discourage the owners of
circuses, as much as possible, to carry animals with them, since
the problem is not just the performance but also exercise,
dressage, transport, etc. In the proposed law, there is a problem
with proving by the state authorities whether or not a
demonstrated exercise was trained by man. For example, if the
elephant moves across the ring and overcomes some obstacles,
for the state authority it is difficult to prove whether it has been
taught or whether it was just a natural overcoming of the
obstacle. The legislation must be unambiguous in order not to
allow different interpretations of the law.
Despite the above, it is necessary strictly adhere to the minimum
standards for the size and furnishing of dwelling for the
individual species (cats, bears, elephants, giraffes, primates) set
out in Decree no. 143/2012 Coll. on dangerous animals breeding.
E.g. lion or tiger requires: minimum enclosure size of 300 m
2
,
elevated places with shelter, conditions for climbing, sharpening
their claws; a tiger also needs a swimming pool with a minimum
depth of 1,2 m, indoor dwelling with a minimum temperature of
15 °C, shelter, conditions for isolation against aggressive
individuals. The draft law, however, does not take into account
all these aspects at all.
At the same time, despite lack of the law regulating circuses,
there is still within the competence of the state body (the
Regional Veterinary and Food Administration) to adopt an
exemption despite the legal prohibition, which gives a
permission for a circus to perform on the territory of the Slovak
Republic. Such competence of the state authority - Regional
Veterinary and Food Administration creates a situation in which
the decision of the state authority is above the law and at the
same time creates a space for corruption, which cannot be a
purpose of any legislation. On the contrary, the legislation has to
be designed to provide the smallest space for corruption.
2.3
Register of stray animals
First of all, the purpose of this register of collected stray animals
is not obvious to us, since, according to the Decree no. 123/2008
Coll. the quarantines and shelters for animals have to keep
records of trapped animals. Therefore, it is not clear to us why
the central register of stray animals should be set up, when they
also create the additional costs and administrative burden for the
quarantine and shelters, while many of them are civic
associations and their funding depends on donations from
citizens only. This creates a duplicate obligation for quarantines
and shelters, namely the obligation to keep records of stray
animals and the obligation to enter data into the register of stray
animals.
We consider such legislation to be inappropriate and unjustified.
However, if such duplicate legislation enters into force, it has to
be adjusted in the context of de lege ferrena so that this
legislation does not obviate its intended effect. Therefore, we
suggest, that the information regarding the operation, records
and obligations arising from the creation of such a register is
clearly specified and legally modified. Consequently, we also
suggest specifying the range of data to be maintained by such
registry. At least, the central register of caught stray animals
should contain the same information as the records that have to
be kept by quarantines and shelters.
2.4
Authorization to enter the dwelling
In our opinion, in terms of this change, it was and still is possible
to open and enter the dwelling even during the current
legislation, however, only in the presence of the police.
If we want to remove all the doubts, it is suitable to adjust better
the authorization of veterinarians to enter the dwelling. The new
legal framework deals only with the situations that, if the owner
is in the dwelling and does not let the veterinarian enter the
dwelling, he may be fined. However, this does not bring the
desired effect which is animal welfare. It is necessary to adopt a
legislation so that the veterinarian, even against the will of the
owner, could enter the dwelling and adequately overcome the
obstacle (locking, etc.).
In order to achieve the desired effect, it is necessary in the draft
de lege ferrenda to adjust and specify properly under what
conditions this can be done, i.e. the presence of the non-party,
how to proceed after the dwelling is opened, the obligation to
inform the owner immediately as well as the obligation to inform
the police forces.
2.5
Transfer of animal ownership by the municipality
The draft law takes into account the possibility of transferring an
animal ownership from the municipality to a natural or legal
person. However, this transfer is not specified in any way.
Within the de lege ferrenda, we suggest that the transfer of
ownership is precisely specified and modified by the draft law in
order to avoid a different approach by different municipalities.
For example, to avoid cases when the transfer of ownership is
possible after 7 days in one municipality and after 2 years in
another one and also after fulfilling the nonsense conditions.
In this regard, we point at legislation in the field of municipal
property and exact rules even in the case of transferring the
property of municipalities, which is the Act no. 138/1991 Coll.
on municipal property, as amended. Also, the animal will be the
municipal property, which the municipality will transfer to a
natural person or legal person, and thus it is necessary to reflect
the above mentioned legal regulation.
2.6
Acquisition of animal ownership
In order to achieve a further shift towards better legal status of
animals in the Slovak Republic, the proposed legislation clearly
specifies the transfer of ownership to the state in case of stalking
animal that was captured, quarantined and kept in the shelter for
longer than 3 months. It means that there was no change in this
field, only the period of 1 year was shortened to 3 months.
Based on the practical experience, it is not appropriate for the
ownership right of the captured animal to be shifted to the state,
but we suggest that within the de lege ferrenda proposal, animals
are not owned by the state because the state does not exercise
any powers in this field. We think that more appropriate is when
the ownership is shifted to the village or to quarantine station or
shelter. In this respect, it is also necessary to amend the
provisions of the Civil Code. Our claims support also the fact
that the similar legislation is contained in the Civil Code of the
Czech Republic.
2.7
Definition of the animal
The draft law also brings a change in the Civil Code, i.e. the
animal will no longer be considered a thing. However, in order
to achieve the best legal status of animals, defining an animal as
a living creature is not enough, since it is only a legal definition
without further links. We believe that by defining the animal, it
will be created a new subject of law to which it is necessary to
attribute the rights and duties.
For this reason, we consider it appropriate to specify the legal
status of animals and the transfer of ownership of animals, to add
a responsibility for animal, liability for damage caused by
animal, and liability for health damage, etc., so that the
definition of the concept of an animal and the consequent non-
acceptance of subjective rights for this newly created subject of
law was effective.
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