Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

Abstract

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on animal protection and welfare is the European Convention for the Protection of Pet Animals. The paper is aimed at studying the major doctrinal, legislative and practical aspects of introducing the norms of the European Convention for the Protection of Pet Animals into Ukraine’s laws and regulations. The Law of Ukraine on the Protection of Animals from Brutal Treatment provides a basis for the legal regulation of humane animal handling in Ukraine, but its provisions are of a general nature and specified in other laws and regulations, whereas detailed regulations on animal handling are defined by local authorities and operate within administrative territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the Protection of Animals from Brutal Treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of “animal welfare”. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare; therefore, Ukraine needs a clear strategy to improve its legal regulation.