Cruelty to animals as a legislative definition: theoretical and legal characteristics and features of the normative construction

Abstract

The article provides a theoretical and legal analysis of the legislative definition of “cruelty to animals” as enshrined in Ukrainian law, with due regard to the specific features of its normative construction. The relevance of the study stems from the need to conceptualize this notion as a complex legal phenomenon situated at the intersection of environmental, criminal, and administrative law, as well as from the insufficient attention paid to it in Ukrainian legal scholarship specifically as a definitional norm.
The purpose of the study is to analyze “cruelty to animals” as a legitimate legal definition in Ukrainian law. It is established that the definitional norm “cruelty to animals”, as set out in the Law of Ukraine “On the Protection of Animals from Cruelty”, primarily performs an informative and generalizing function and is aimed at revealing the content of the relevant legal category. It is found that the structure of the definition combines general characteristics of cruelty, associated with causing animals pain, suffering, bodily injuries or death, with a casuistic list of specific forms of such conduct, including incitement of animals against each other, abandonment, as well as violations of rules of keeping, handling and transportation of animals.
It is substantiated that the definitional norm “cruelty to animals” has a blanket character, since its content is specified through other regulatory legal acts establishing relevant rules for the treatment of animals. Particular attention is paid to the inclusion of a subjective element in the definition, namely the motive of the offense (hooligan or mercenary), which is atypical for environmental law norms that traditionally focus on the objective characteristics of conduct.
It is established that the hooligan motive reflects the demonstrative and socially destructive nature of cruelty to animals, whereas the mercenary motive characterizes its instrumental nature, where the animal is treated as a means of obtaining material benefit. It has been proven that the inclusion of the motive in the legislative definition is due to the legislator’s desire to distinguish unlawful cruel treatment from lawful impact on animals related to economic, veterinary, or other objectively necessary activities.
It is concluded that the legislative definition of “cruelty to animals” constitutes a complex normative construction that combines elements of different branches of law and reflects the processes of intersectoral interaction and transformation of legal categories.