Slauta H. Legal regime of animal quarantine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100762

Applicant for

Specialization

  • 081 - Право

06-10-2023

Specialized Academic Board

РСВР 036

National University of Life and Environmental Sciences of Ukraine

Essay

In the course of the research, the supporting elements of the conceptual-categorical apparatus were formed, it is proposed to consider animal quarantine as a specific component of one generic phenomenon. Based on the generalization of various scientific approaches, the author's definition of the basic system-forming concept of animals is also provided, with the identification of internal and external features that determine the mutual location of people and animals, as beings, in the subject-object composition of quarantine legal relations. The main features of animal quarantine as a special (special) legal regime are derived and a comparison of the given essential features with the normatively established definitions of animal quarantine is carried out. It is suggested that the legal regime of animal quarantine be based on structural elements, which are the object-carrier of the regime, the legal statuses of subjects of regime regulation, a system of legal guarantees in the form of legal responsibility for violations of regime rules. From the existing periodizations of historical and legal studies, an individual periodization of the historical and legal aspects of the formation and development of animal quarantine in the territory of modern Ukraine was synthesized. The logical consequence was the classification of modern Ukrainian legislation in the field of animal quarantine according to separate areas of legal influence. In the part of elucidating the legal nature of animal quarantine, the boundaries of its subject are outlined, differentiated into two blocks, which form relations of prevention of epizootics and response to them. Relations in the field of protection, use and reproduction of agricultural and domestic animals, which belong to the subject of agrarian law, are demarcated, while in relation to the rest of the animals that are in a state of natural will, in semi-free conditions or in captivity, the norms of other branch affiliation and as a restorative natural resource, such animals are included in the structure of the faunal (natural resource) law system. At the same time, the legal nature of animal quarantine relations is complicated by the presence of diseases that affect not only animals, but also humans, that is, so-called zoonoses. This is another type of complex control, which, in addition to veterinary, includes sanitary-epidemiological control, which lies at the intersection of medical and environmental law. It was concluded that the legal regulation of animal quarantine acquires the properties of an inter-branch legal subinstitute. Attention is focused on an important feature of the legal regime of animal quarantine, which is the absence of a single clearly defined object. It is proposed to conditionally call such a property multi-object, and the object – multi-object, where the main object of the legal regime of animal quarantine is the epizootic directly, the derivative is the animal- arriers of epizootics, and the general one is the quarantine territory as the carrier of the quarantine regime. A certain transmissibility of the formation of the list of especially dangerous animal diseases is emphasized. Regarding the subjects of the quarantine regime, it was established that the element of the legal regime should not be perceived directly as the legal status, but of the subject of such a regime. The classification of public administration subjects based on the multiplicity of areas of activity into mono-professional, special, general and optional is proposed. Changes in the competence status of state bodies and local self-government bodies regarding means of combating epizootics in wartime are considered. It has been established that the circle of subjects-persons of private law is formed by the owners and keepers of animals. Disclosure of the peculiarities of legal responsibility as an element of the legal regime of animal quarantine was carried out in the context of traditional types of legal responsibility. The judicial practice of administrative proceedings for violations of veterinary rules and requirements.

Research papers

Слаута Г. А. Предмет правового регулювання карантину тварин. Право. Людина. Довкілля. 2020. № 1. С. 69–75.

Слаута Г. Розвиток і класифікація законодавства про карантин тварин в Україні. Підприємництво, господарство і право. 2020. № 11. С. 86–91.

Єрмоленко В. М., Слаута Г. А. Поняття та юридичний зміст карантину тварин. Науковий вісник Ужгородського національного університету. Серія юридична. 2022. Вип. 74. Ч. 2. С. 12–16.

Єрмоленко В. М., Слаута Г. А. Об’єктний склад правового режиму карантину тварин. Науковий вісник Ужгородського національного університету. Серія юридична. 2023. Вип. 75. Ч. 2. С. 50–55.

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