Veterinary drug Adeline Super purchase description. The position of the Realistic Animal Protection Movement on the issue of the use of muscle relaxants with curare-like action (including Adilin) ​​for the capture and euthanasia of companion animals in Russia. "Adilin" as one and

Case No. 2-250/12

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

The Kirovsky District Court of Saratov, having considered in open court a civil case based on Semyk’s application to the Municipal Unitary Enterprise of Household Utilities “S.”; a third party who does not make independent claims regarding the subject of the dispute - the Administration of the Municipal Entity "..." for the prevention of harm,

u st a n o v i l:

Semyk appealed to the Kirovsky District Court with the above-mentioned claim, in support of which she indicated that, as she learned from the response of the acting. Chairman of the Committee on Housing and Communal Services of the Administration of the Moscow Region, according to the agreement concluded between this committee and the defendant on the execution of a municipal order for the provision of services for the capture, transportation, sterilization, maintenance of stray animals (dogs), the defendant, during the validity of the contract, caught stray animals for several months, kept them from 4 to 10 days, sterilized, and then released back to the place of capture. This information is confirmed by the results of an inspection of the defendant by the Saratov Interdistrict Environmental Prosecutor's Office, which established that due to the lack of equipped facilities for keeping animals after sterilization, dogs were released into external environment dwellings on the same day or kept in cages for several days. This is indicated in a letter from the head of the department for supervision of the implementation of laws on nature of the Volga Interregional Environmental Prosecutor's Office. In addition, from the article “Constellation of Mythical Dogs” in the newspaper “Moskovsky Komsomolets in Saratov”, the plaintiff learned that in parallel with these actions, the municipal unitary enterprise “S.”, according to the head of the veterinary service of this organization, Lyudmila Aksenevich, was and is catching stray animals in on a commercial basis. At the same time, all animals are killed without any temporary maintenance, and their corpses are disposed of in the Beccari pit. Thus, during the year alone, the Municipal Unitary Enterprise “S.”, according to Aksenevich, killed at least 1,086 stray dogs without keeping them after capture, and without vaccination against rabies. Later, Semyk became convinced that the defendant actually kills and disposes of captured animals when one of the citizens provided her with copies of the agreement between the defendant and the administration of ZATO Svetly and the act of work performed to catch and dispose of dogs under this agreement, certified by a specialist from the administration of CATO Svetly. Also, from a letter from the head of the department for supervision over the implementation of laws on nature of the Volga Interregional Environmental Prosecutor's Office P.D.S., the plaintiff learned that an audit conducted by the Saratov Interregional Environmental Prosecutor's Office established that the defendant provides services for catching and killing dogs that do not have an owner, according to applications of citizens and organizations at their expense, using the drugs “Adilin” and “Adilin-super” for killing. The defendant's charter states that this enterprise operates in accordance with current legislation. Federal legislation obliges organizations engaged in the capture (detention) of stray animals to keep each of the captured animals for at least 6 months in a specialized nursery, to vaccinate all captured animals against rabies (in accordance with the provisions of paragraphs 1.2 and 9.5 of the sanitary rules SP 3... -10 “Prevention of Rabies among people”, approved by the resolution of the Chief State Sanitary Doctor Russian Federation and articles 230-231 of the Civil Code of the Russian Federation. When catching stray animals, the defendant violates the specified norms of federal legislation: he illegally kills animals before acquiring ownership of them, does not ensure that the captured animals are kept in a special nursery for at least 6 months, and that they are vaccinated against rabies. The defendant’s violation of clause 9.5 of the Sanitary Rules by not vaccinating captured (detained) stray animals against rabies and not keeping them in a specialized nursery for at least 6 months, and releasing them without vaccination back onto the city streets creates a danger of harm to the plaintiff’s health by increasing risk of infection with a dangerous zooanthroponotic disease - rabies, creates a threat of violation of Semyk’s constitutional rights to health and favorable environment. Also creating a threat of harm to the health of the plaintiff are the illegal actions of the defendant in killing stray animals that are caught, because Semyk can at any time of the day become an accidental witness to the killing of stray animals by the defendant. For her, an impressionable, compassionate person, the experiences caused by such a cruel spectacle can provoke stress, severe depression, sleep disturbances, exacerbation chronic diseases, heart attack, stomach ulcers, stroke and other health disorders varying degrees gravity. It is impossible to predict in advance what exactly these disorders may be. Also, the illegal actions of the defendant in killing stray animals that are caught create a threat of harm to the plaintiff’s health also due to the fact that the animals are killed using a blowgun that shoots “flying syringes” (“darts”) filled with the drug “Adilin-super” (aka “Adilin "). According to the attached explanation of the director of LLC "V.", the developer of "Adilina-super" (aka "Adilin"), Professor G.R.D., after the injection of "Adilina-super" (aka "Adilin"), in accordance with instructions for this drug, it is necessary to inject an antidote (“Antidote is an antidote - a drug for the treatment of poisoning.” Thus, the developer of this drug himself confirms its toxicity, danger to health and even life in the scientific sense. He also indicates this in the drug passport ( attached), where it is written that the lethality of the outcome when using “Adilin-super” (aka “Adilin”) ranges from 15-60 seconds to 5-10 minutes Although “Adilin-super” was re-registered with the Rosselkhoznadzor of the Ministry of Agriculture of the Russian Federation and received a new abbreviated name “Adilin” and a new certificate of state registration, it must be taken into account that this drug, according to a letter from the Deputy Director of the Department of Industry Development of the Ministry of Agriculture of Russia V.A. Apalkin, is intended for use as a mass bloodless slaughter of animals and poultry in areas where especially dangerous diseases of animals and birds, this drug is not recommended for any other purposes.According to the attached expert opinion of the Federal State Educational Institution of Higher Professional Education "Ural State Agricultural Academy", the drug "Adilin-super" belongs to the group of muscle relaxants. This drug must be administered by a specially trained veterinarian in a specially designated area with restricted access to unauthorized persons. In this case, the administration of Adilin without prior anesthesia leads to painful death from suffocation, without loss of consciousness. The effect is similar and if the drug enters the human body, urgent health care, without which respiratory arrest may occur and death may occur. Thus, the actions of the defendant in killing stray animals using “flying syringes” fired from a “blow gun” (hollow tube) filled with the drug “Adilin-super” (aka “Adilin”) create a threat of harm to Semyk’s health and a threat to her life, with a possible accidental hit of such a “flying syringe”. The plaintiff is the owner of a dog and periodically walks it on the territory where the defendant carries out its activities to catch stray animals. A dog being walked by Semyk may accidentally get lost and be caught and killed by the defendant earlier than 6 months after its capture, provided by law so that the plaintiff, as the owner, can find and return the lost animal detained by a specialized organization. That is, the defendant’s failure to comply with the statutory deadlines for keeping captured animals creates a danger of causing significant harm to her (the death of the dog) and a threat of violation of her rights. With reference to the above circumstances, Semyk asked the court to declare the activities of the Municipal unitary enterprise Household utilities "S." for killing stray animals during or immediately after capture without ensuring their maintenance in a specialized nursery for at least six months and without vaccination against rabies. To recognize as illegal the use by the Municipal Unitary Enterprise of Household Utilities "S." “Adilin-super” and “Adilin” preparations for catching stray animals. To prohibit the Municipal Unitary Enterprise of Household Utilities "S." activities for catching stray animals without ensuring the possibility of keeping captured animals for at least six months in a specialized nursery, as well as vaccination against rabies.

Representatives of the defendant MUP BKO "S." Semyk’s claims were not recognized, indicating in their objections that MUP BKO “S.” operates in accordance with the Charter of the enterprise, the Federal Law “On State Municipal Unitary Enterprises”, the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, the Federal Law “On Environmental Protection”, the Resolution of the Chief State Sanitary Doctor “On strengthening measures to prevent the spread of rabies in the region", Sanitary Rules SP...-96 and Veterinary Rules VP...-96 "Prevention and control of infectious diseases, other regulatory legal acts. In accordance with clause 11 and clause 32 of Art. 16 of the federal law “On general principles organization of local self-government in the Russian Federation" measures for catching and keeping stray animals are measures to protect the life and health of people, the implementation of which is related to issues of local importance of the urban district. Currently, the procedure for catching and keeping stray domestic animals is not regulated by any legal act. One of the subjects of the statutory activities of MUP BKO "S." is the right to carry out activities to catch stray animals. For the period from May to August 2011, MUP BKO "S." carried out the capture, transportation, sterilization, and maintenance of stray animals (dogs) within the framework of the Resolution of the municipal administration “On the provision of subsidies for reimbursement of costs in connection with the provision of services for the capture, transportation, sterilization and maintenance of stray animals (dogs).” In accordance with the Decree of the municipal administration, MUP BKO "S." fully fulfilled its obligations on the basis of an agreement concluded between the Committee for Housing and Communal Services of the Municipal Administration and the Municipal Unitary Enterprise BKO "S.", providing for reimbursement of the costs of the Municipal Unitary Enterprise BKO "S." for the provision of services for catching, transporting, sterilizing, keeping stray animals within the limits of funds provided by the budget of the municipal formation “...”. Subsequently, the parties signed an additional agreement to the agreement, where the amount of the subsidy for the municipal unitary enterprise BKO "S." was changed and amounted to 998,411.82 rubles. In pursuance of the Resolution of the municipal administration, MUP BKO "S." entered into an agreement with the Regional State Institution (OSU) “Saratov City Station for the Control of Animal Diseases” for the provision of veterinary services to the enterprise related to the provision of sterilization and castration of stray animals (dogs) captured by the Municipal Unitary Enterprise BKO “S.” in the territory …. The provision of veterinary services related to the provision of sterilization and castration of stray animals (dogs) under the contract is confirmed by bilateral certificates of completion of work - the Regional State Institution (OSU) "Saratov City Station for the Control of Animal Diseases" and the Municipal Unitary Enterprise BKO "S." It should be noted that in the municipal unitary enterprise BKO "S." there is a veterinary service headed by its chief, and there are also workers to catch stray animals. These employees perform the functions assigned to them in accordance with the job descriptions of MUP BKO “S. » and regulations. People who are not registered with a psychoneurological dispensary and who have been vaccinated against rabies are allowed to work on catching stray animals. Control over the veterinary service workers is carried out by the head of the veterinary service, who conducts the necessary reporting documentation and stores medications in accordance with legal requirements. Catching stray animals is carried out using a throwing device from nets or using medicinal product veterinary use - adilin. The supply of adiline is carried out on the basis of an agreement concluded with V. LLC. The solution of this drug is prepared in accordance with the instructions for use of the drug. This instruction was approved by the Deputy Head of Rosselkhoznadzor Registration No. PVR-2-7.7/02169. The concentration of the solution used when catching stray animals is not dangerous to human life. The drug is stored in a strictly inaccessible place (safe) with the appointment of a person responsible for the storage and use of this drug (the head of the veterinary service). All work with adiline is carried out using special clothing and personal protective equipment. According to the Resolution of the municipal administration, MUP BKO "S." conscientiously fulfilled the obligations assigned to him. All actions were coordinated with the district administration and authorized representatives, and also confirmed necessary documents: applications, acts of catching, acts of work performed, acts of returning animals to their habitat, a magazine on keeping stray animals. Within the framework of the agreement concluded between the Committee for Housing and Communal Services of the municipal administration and the municipal unitary enterprise BKO "S.", costs for services performed for catching, transporting, sterilizing, and keeping stray animals are reimbursed to the enterprise within the limits of the funds provided for by the budget of the municipality, and from funds due in the amount of RUB 998,411.82, incl. VAT - part of the amount in the amount of RUB 492,147.32, incl. VAT is due to the Regional State Institution (OSU) “Saratov City Station for the Control of Animal Diseases” for the services provided veterinary services on castration and sterilization of stray dogs. The above activities are carried out exclusively using humane methods in order to protect the life and health of people. Facts of cruelty to animals are not allowed. In addition, MUP BKO "S." believes that the plaintiff’s arguments are not supported by adequate evidence, are far-fetched, relate to the category of emotions, and the situations she describes are virtually simulated for the future or an indefinite time. MUP BKO "S." provides the customer with dog catching services solely on the basis of written requests from customers in relation to stray animals in the presence of the applicant, for which a certificate of completion of work is drawn up. Tariffs for services of MUP BKO "S." approved by local governments. When providing MUP BKO "S." services, the defendant is strictly guided by the statutory goals and objectives and relevant types of economic activity. At the same time, taking into account the explanation of the director of LLC “V.” G.R.D., the drug “Adilin” is the most humane means for the bloodless immobilization of dogs, cats and various other species of animals and birds; it is not classified as a psychotropic or narcotic substance. According to the director-chief physician of First Veterinary Clinic LLC, Doctor of Biological Sciences T.G.S. This method is not a method of cruelty to them, since pain sensitivity is lost under the influence of the drug. The defendant did not identify any facts of cruelty to animals by the internal affairs bodies in connection with the capture and killing of stray animals. In this regard, the use of “Adilina” by employees of the municipal unitary enterprise BKO “S.” carried out on the basis of instructions on labor protection during transportation and storage of the medicinal product, also job description. MUP BKO "S." carries out activities to catch stray animals, sterilization is carried out by the Regional government agency“Saratov City Station for the Control of Animal Diseases” on the basis of an agreement, which is documented in acts of work performed. Due to the lack of equipped facilities for keeping animals, after castration, dogs are released into the external environment on the same day. After sterilization, dogs are kept in cages for several days. In order to avoid re-capture, operated animals are equipped with collars. Payment for work performed is made in accordance with the resolution of the Administration ... dated ... ... only after documentary confirmation. In addition, MUP BKO "S." provides services for catching and killing dogs that do not have an owner at the request of citizens and organizations at their expense. Shooting production stray dogs and cats for the purpose of preventing rabies, clause 4.12 of the Veterinary and Sanitary Rules SP ...-96 VP ...-96 “Prevention and control of infectious diseases common to humans and animals”, approved by the State Committee for Sanitary and Epidemiological Surveillance of Russia ... and the Department of Veterinary Medicine of the Ministry of Agriculture of Russia ... Animal corpses are placed at the enterprise's cattle burial ground in one of 4 biothermal pits that meet established veterinary and sanitary rules and standards. Services for the burial of animal bodies, the handling of which requires precautions to avoid infection, are provided by the municipal unitary enterprise BKO "S." on the basis of a license to carry out activities for the collection, use, neutralization, transportation, and disposal of hazardous waste. MUP BKO "S." It has land plot, which is a waste disposal site, including biological waste. According to the director - chief physician of First Veterinary Clinic LLC ... - Doctor of Biological Sciences T.G.S., this method is not a method of cruelty to them, since pain sensitivity is lost under the influence of the drug. In connection with the provision of municipal unitary enterprise BKO "S." in the materials of the civil case of title documents indicating the subject and types of economic activity of the enterprise, we consider the indication of the applicant Semyk O.I. unlawful. about the supposedly obligatory for MUP BKO "S." vaccinating stray dogs against rabies. In the charter of MUP BKO "S." such type of activity as vaccinating stray dogs against rabies is not provided, therefore the defendant has no legal grounds for performing or providing this type of service... internal affairs regarding the capture and killing of stray pets in accordance with Art. 144-145 of the Code of Criminal Procedure of the Russian Federation, checks were carried out to identify signs of a crime under Art. 254 of the Criminal Code of the Russian Federation - cruelty to animals. However, the facts of ill-treatment were not confirmed, and therefore the initiation of a criminal case was refused. In connection with the above, there are no grounds for adopting acts of prosecutorial response. There are no actions on the part of the defendant that create a danger of harm and a threat of violation of rights in relation to the plaintiff, the activities of MUP BKO "S." carried out legally in accordance with the Charter of the enterprise, approved by the Property Management Committee ... and other legislative and regulatory acts. Applicant reference Semyk O.I. present 230-231 of the Civil Code of the Russian Federation on keeping stray animals for 6 months must be inextricably linked with Art. 232 of the Civil Code of the Russian Federation on reimbursement of expenses for the maintenance of stray animals. However, the issue of reimbursement of expenses for maintaining dogs for the period of stay of stray animals for 6 months has not yet been resolved and there are no regulatory legal acts on this issue in ... or the city of Saratov. MUP BKO "S." — is not a charitable organization; the company does not receive any donations for the maintenance of dogs. Budget funding for the maintenance of dogs for the duration of their stay for 6 months to the municipal unitary enterprise BKO "S." is not implemented.

The representative of a third party who does not make independent claims on the subject of the dispute - the Administration of the Municipal Entity "..." at the court hearing objected to the satisfaction of the stated Semyk O.I. claims, supporting the defendant's arguments in the case.

After hearing the explanations of the persons involved in the case and examining the written materials of the case, the court came to the following conclusion.

According to the Charter of the Municipal Unitary Enterprise of Household Utilities "S.", the enterprise is part of the housing and communal services system of the Municipal Entity "...". The enterprise was created for the purpose of producing products, performing work, providing services, making a profit and solving social problems. Among other activities, the enterprise carries out the capture of stray dogs and cats, their quarantine (vol...., ld...).

By the Decree of the Administration of the Municipal Formation "..." dated ... ... (vol. ..., ld ... the Regulations on the provision of subsidies for reimbursement of costs in connection with the provision of services for catching, transportation, sterilization, and maintenance of stray animals (dogs) were approved. According to the approved According to the regulation, the purpose of providing subsidies was to reimburse costs in connection with the provision of services for catching, transporting, sterilizing, keeping stray animals (dogs).The necessary conditions for providing a subsidy were: providing services for catching, transporting, sterilizing, keeping stray animals (dogs) or provision of services for the capture, transportation and maintenance of stray animals (dogs) and the presence of a valid contract with a specialized organization for the provision of sterilization services for animals (dogs).

It was also established that... an agreement was concluded between the Committee on Housing and Communal Services of the municipal administration "..." and the municipal unitary enterprise BKO "S.", on the basis of the above Regulations.... (volume..., ld...). In accordance with the terms of the agreement, the Committee for Housing and Communal Services of the administration of the municipal formation "...", as the main administrator, provided the recipient, represented by the municipal unitary enterprise BKO "S." subsidies for reimbursement of costs in connection with the provision of services for catching, transporting, sterilizing, keeping stray animals (dogs) within the limits of funds provided for by the budget of the municipal formation “...” for ... year.

As it was established during the consideration of the case, the defendant for ... a year, within the framework of the concluded agreements, carried out activities to catch, keep, and kill stray animals (dogs) both on the territory of the municipal entity "..." and on the territory of other municipal entities. These circumstances, which were not disputed by the defendant, are also confirmed by numerous case materials (copies of applications, copies of contracts, copies of the work acceptance certificate, etc.).

According to Art. 137 of the Civil Code of the Russian Federation applies to animals general rules about property, unless otherwise established by law or other legal acts.

When exercising rights, cruelty to animals that is contrary to the principles of humanity is not allowed.

In accordance with Part 1 of Art. 230 of the Civil Code of the Russian Federation, a person who has detained stray or stray livestock or other stray domestic animals is obliged to return them to the owner, and if the owner of the animals or his place of residence is unknown, no later than three days from the moment of detention, report the discovery of the animals to the police or local authority local governments that take measures to find the owner.

By virtue of Part 1 of Art. 231 of the Civil Code of the Russian Federation, if within six months from the date of the application for detention of stray domestic animals, their owner is not found or does not declare his right to them, the person who kept and used the animals acquires the right of ownership to them .

From the written response of the Deputy Prosecutor of the Saratov Interregional Environmental Prosecutor's Office from ... it follows that the Volga Interregional Environmental Prosecutor's Office conducted a repeated inspection on the issue of violations of the municipal unitary enterprise BKO "S." ... veterinary legislation when catching, sterilizing and killing stray domestic animals. The inspection showed that in the territory ... the catching of stray domestic animals is carried out by the municipal unitary enterprise BKO "S." ..., for which, by a resolution of the administration ... dated ... ..., a tariff was established in the amount of ... ruble ... kopecks. The audit also established that the head of the veterinary service of the Municipal Unitary Enterprise BKO "S." ...measures have not been taken to comply with the requirements of SP 3....-..., approved. Resolution of the Chief State Sanitary Doctor of the Russian Federation dated ... N 54, regarding the maintenance of captured animals in special nurseries and their immunization against rabies. In relation to the head of the veterinary service of the municipal unitary enterprise BKO "S." ... the interdistrict environmental prosecutor initiated proceedings for an administrative offense under Art. ... Code of the Russian Federation on Administrative Offences. To the director of the municipal unitary enterprise BKO "S." ... the environmental prosecutor submitted a proposal to eliminate violations of federal legislation. In addition, during the inspection it was established that the regional government authorities authorized to carry out veterinary, sanitary and epidemiological supervision, measures to eliminate violations of veterinary legislation, legislation in the field of ensuring the sanitary and epidemiological well-being of the population, allowed by the municipal unitary enterprise BKO "S." ... were not accepted.

In accordance with Art. 1 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”, restrictive measures (quarantine) - administrative, medical, sanitary, veterinary and other measures aimed at preventing the spread infectious diseases and providing for a special regime for economic and other activities, restriction of population movement, Vehicle, cargo, goods and animals.

According to clause 1.2 of the Sanitary Rules SP ... 7-10 “Prevention of Rabies among People”, approved by the Decree of the Chief State Sanitary Doctor of the Russian Federation ... ..., compliance with sanitary rules is mandatory for citizens, individual entrepreneurs and legal entities throughout the Russian Federation, including authorities state power and local self-government, officials, organizations, regardless of their legal form and form of ownership.

In accordance with clause 9.5 of the same Sanitary Rules, regulation of the number of stray animals is carried out by catching them and keeping them in special nurseries. All animals must be vaccinated against rabies. When implementing regional programs for the sanitary and epidemiological well-being of the population, the organization and implementation of these activities falls within the powers of state authorities of the constituent entities of the Russian Federation.

By virtue of clause 4.2, 4.5 Sanitary Rules...-96. “Prevention and control of infectious diseases common to humans and animals. Rabies”, dogs, cats and other animals that have bitten people or animals (except those clearly suffering from rabies) are subject to immediate delivery by the owner or a special team for catching stray dogs and cats to the nearest veterinary hospital for examination and quarantine under the supervision of specialists for 10 days. At the end of the quarantine period, clinically healthy animals after preliminary vaccination can be returned to their owners, provided they are kept in isolation for 30 days. Animals infected with rabies are destroyed.

Thus, it is possible to make a diagnosis of “rabies” only on the basis of a set of measures and results laboratory research which the defendant did not carry out. Evidence that the dogs killed by the defendant during the disputed period were sick or suspicious for disease, the court, contrary to the requirements of Art. 56 Code of Civil Procedure of the Russian Federation, not presented.

The above regulatory and legal provisions refute the arguments of the representative of the defendant about the absence of the obligation for the Municipal Unitary Enterprise of Household Public Utilities "Special Automobile Facility for City Cleaning" to vaccinate captured dogs against rabies before releasing them into their habitats, since one of the types of the defendant's statutory activities is the quarantine of stray dogs and cats.

As it was established during the consideration of the case, the catching of stray dogs is carried out by a special team of the Municipal Unitary Enterprise BKO "S.", which includes veterinarian and animal catchers. Catching is carried out by persons who do not have veterinary education, using pneumatic weapons using the medicinal product for animals “Adilin-super”. The presence of these circumstances was confirmed at the court hearing by representatives of the defendant, as well as by employees of the Municipal Unitary Enterprise BKO “S.”, who were questioned at the court hearing as witnesses.

According to a letter from the Department of Industry Development of the Ministry Agriculture Russian Federation from ... (vol. ..., ld ...), the drug "Adilin-super" is intended for use as a means of mass bloodless slaughter of animals and poultry in areas of occurrence of particularly dangerous diseases of animals and birds.

In accordance with the Instructions for the use of the drug "Adilin-super", approved by the head of the main department of veterinary medicine of the State Commission of the Council of Ministers of the USSR for Food and Procurement ... ..., this drug blocks the conduction of neuromuscular excitation, resulting in relaxation skeletal muscles and immobilization with subsequent death. The lethality of the outcome when using the drug in doses intended for catching stray dogs and cats by public utilities is 15-60 seconds.

As follows from the expert opinion of the Federal State Educational Institution of Higher Professional Education "Ural State Agricultural Academy" (volume 1, pp. 30-31), the drug "Adilin-super" belongs to the group of muscle relaxants, the mechanism of action of the drug: relaxes the muscles. When the drug is administered, the muscles relax, including the respiratory ones, which leads to respiratory cessation, and after some time the heart stops. These drugs must be administered by a specially trained veterinarian in a specially designated area. The drug "Adilin-super" causes painful death from suffocation in animals. It is well known from veterinary practice that muscle relaxants of this type are used only under anesthesia and artificial respiration in surgery for operations. Without combination with anesthesia, immediately after the introduction of these poisons, the animal begins agony within 4 minutes: respiratory paralysis, convulsions, cardiac arrest and death from suffocation within 15-20 minutes, while the animal is fully conscious.

At the same time, according to the logbook for recording the movement of materials for catching stray animals, the medicinal product for animals “Adilin-super” is issued by the materially responsible person to the teams of catchers against receipt.

In fact, as it was established during the consideration of the case by the testimony of numerous witnesses, the defendant, when catching stray dogs in their habitats on the territory ..., and not in specially designated places, uses a drug for animals, which leads to the death of the animal when it is caught, as a result of which it is placed It is not possible to send a captured animal to a shelter for detention within the six-month period established by civil law, or to return it to the owner.

Thus, the actions of MUP BKO "S." on the use of the drug “Adilin-super” for the capture of stray animals, as well as the killing of stray animals in violation of the above Rules are illegal and also do not meet the principles of humanity.

In accordance with the Law of the Russian Federation dated ... ... “On Veterinary Medicine”, they regulate relations in the field of keeping pets, catching, killing and stray animals, ensuring the safety of people from the adverse physical, sanitary and psychological effects of pets, apply to all animals and are subject to compliance , both by all owners of pets in municipalities... and by organizations entrusted with the functions of catching
and killing of animals. In addition, the Modular Law on the Treatment of Animals, adopted at the 29th Plenary Session of the Interparliamentary Assembly of the CIS Member States (Resolution ... dated ..., also stipulates that temporary detention centers for animals are created by organizations that catch stray animals for the temporary detention of seized or otherwise way of alienated animals, found or captured stray animals and search for their owners or new owners.

The court agrees with the plaintiff’s arguments that the defendant’s disputed actions, which do not comply with legal requirements, create a potential threat of violation of her property rights as a dog owner; rights to a favorable environment and finds the claims of Semyk O.I. justified and subject to satisfaction.

By virtue of the provisions of Art. 12 of the Civil Code of the Russian Federation, one of the methods of protection civil rights is the suppression of actions that violate the right or create a threat of its violation. Taking this into account, preventing the threat of violation of the rights of the plaintiff is possible by suppressing the unlawful actions of the defendant.

In accordance with Art. 98 of the Code of Civil Procedure of the Russian Federation, the state fee paid when filing a claim in court in the amount of 400 rubles is subject to recovery from the defendant in favor of the plaintiff.

Based on the above, guided by Art. Art. 194-199 Code of Civil Procedure of the Russian Federation, court

To recognize as illegal the activities of the Municipal Unitary Enterprise of Household Utilities "S." for killing stray animals during or immediately after capture without ensuring their maintenance in a specialized nursery for at least six months and without vaccination against rabies.

To recognize as illegal the use by the Municipal Unitary Enterprise of Household Utilities "S." “Adilin-super” and “Adilin” preparations for catching stray animals.

To prohibit the Municipal Unitary Enterprise of Household Utilities "S." activities for catching stray animals without ensuring the possibility of keeping captured animals for at least six months in a specialized nursery, as well as vaccination against rabies.

To collect from the Municipal Unitary Enterprise of Household Utilities "S." in favor of Semyk O.I. for reimbursement of legal expenses in the form of the state fee paid when filing a claim in court... (...) rubles.

The decision can be appealed to the Saratov Regional Court through the Kirov District Court ... within a month from the date the court made the decision in final form.

Yep 01/09/2013 - 12:04

moved from about animals

shoot more humanely?
There are contradictory versions on the Internet.

Yep 01/09/2013 - 12:06

Adeline 11/28/11 18:03

Visitor
Eagle
[email protected]
Private message
Hello, I already wrote to you, but did not receive an answer, perhaps because I mixed up the thread. The situation is as follows: in our city, euthanasia by Adeline is practiced and we were told that the animal simply falls asleep without a drop of pain. We believed, in practice we saw that the animal was twitching in convulsions, although not strongly and not for long, a question arose about humanity, because we were told that anesthesia was not needed, because... from such a dose of Adeline they themselves fall asleep before they feel anything. We arrived home and read a lot of horror stories on the Internet and found the official answer from the manufacturer of this drug:

“In response to your letter, we inform you that the instructions for use of the drug Adilin-super do not specifically provide for intracardiac administration of a muscle relaxant. However, this does not mean that it cannot be used for euthanasia. Apparently, the veterinarian was guided by humane considerations, trying to facilitate and speed up the passing of your cat to another world. Current ideas about the suffering of patients who were administered muscle relaxants with insufficient anesthesia have practically no relation to cases of the use of such drugs by veterinary services for euthanasia of animals, since veterinarians, in accordance with the instructions, use very high doses of muscle relaxants. According to our data, in this In this case, a fatal outcome occurs very quickly - within 1-3 minutes after injection. Absorption of the drug occurs very quickly, and when administered intracardially or intravenously, almost instantly - “at the tip of the needle." In addition, according to encephalography, bioelectrical activity the brain fades earlier than heart contractions, i.e. the very fact of the death of an animal occurs, with all certainty, in the absence of any sensitivity, in unconscious. Moreover, when the respiratory muscles are blocked, the concentration of carbon dioxide in the blood increases sharply, which itself causes a narcotic state (narcosis), i.e. general analgesic effect.
Head Laboratory, Doctor of Biology. National Science Committee, Professor Yu.A. Zimakov
Head laboratory, doctor of chemistry. National Science Committee, Professor R.D. Gareev"
http://www.zoovet.ru/forum/?tid=31&tem=571499

Stas 01/09/2013 - 12:08

Yep
shoot more humanely?

What is the goal? To torture or vice versa? If on the contrary, what prevents you from giving more anesthesia?

Yep 01/09/2013 - 12:17

Stas
What prevents you from giving more anesthesia?

legislation.
http://www.vita.org.ru/ketamin.htm

The Supreme Court ruling also clarifies a number of other difficult cases that Russian courts have to deal with when resolving cases related to drug trafficking. However, a number of questions remained unresolved. Including, despite the decriminalization for doctors and veterinarians of the administration of drugs, psychotropic or potent substances, according to medical indications, veterinarians found themselves in an unequal position with doctors. They can still be held criminally liable for the illegal acquisition and storage of such substances under Part 1 of Art. 228 of the Criminal Code of the Russian Federation. At the same time, the Resolution states: “In cases where a person, for the purpose of treating animals, uses an illegally acquired narcotic drug or psychotropic substance(for example, ketamine, ketamine hydrochloride), his actions do not contain signs of a crime entailing criminal liability for the illegal sale of these drugs or substances." Thus, stated the president of the Vita Animal Rights Center Irina Novozhilova, a veterinarian can fearlessly inject ketamine into an animal , but it is unclear where this drug should come from. A special license gives legitimacy to the storage of drugs, psychotropic and potent substances by veterinarians. Meanwhile, according to Irina Novozhilova, about 75% of practicing veterinarians are not able to obtain a paid license and fulfill all licensing requirements ( entity, the presence of a safe for storing these substances, the presence of no more than a three-day supply, the use of these substances exclusively within the walls of the clinic). According to her, this pushes veterinarians to produce serious medical manipulations and even surgical operations using drugs that immobilize the animal, but without pain relief.

Details: http://www.regnum.ru/news/673784.html%20#ixzz2HT5xPTlY
Any use of materials is permitted only if there is a hyperlink to REGNUM IA

Stas 01/09/2013 - 12:28

Recently, less than a year ago, I euthanized a cat at the veterinary clinic on Yunnatov. Anesthesia in a horse dose in two doses, and then adeline. I did as the doctor recommended. She didn’t twitch, didn’t even move. She just fell asleep, licking my hands, and 10 minutes later they administered adeline. I paid the cashier 300 rubles more than the standard price and that’s it. Yes, I signed my name a couple of times and presented my passport. Small unlicensed clinics may have problems, but everywhere there are state veterinary stations where they will do everything for a little money.

Yep 01/09/2013 - 12:33

I called several clinics and they only injected us with Adeline.

Yep 01/09/2013 - 12:40

no, there’s another clinic where they administer propofol (and some other anesthesia) until the heart stops.
that is, no poison is injected at all.

Stas 01/09/2013 - 12:44

Yep
until the heart stops.
that is, no poison is injected at all.

The doctor told me that cats are such a tenacious creature that even a five-fold dose of anesthesia alone cannot kill them, and they sometimes came to their senses in a disposal bag. Therefore, first anesthesia, then poison.

Yep 01/09/2013 - 18:48

urgent need.

Forester 61 01/10/2013 - 15:03

Tomorrow I can check with the veterinarian who euthanized my Jack, I don’t remember myself, but I bought all the drugs myself at a regular pharmacy.
First, they administered a sleeping pill, and when he began to snore (he always snored in his sleep), they injected a second drug into his heart, only the tips of Jekushka’s paws shook quietly and that’s it, he went away 😞

Yep 10.01.2013 - 15:05

xYy knows him - are there any moderators here?

moved from about animals

Beautiful fox 01/10/2013 - 21:31

There is a moderator HERE, so be polite.

If the question is whether to give anesthesia before euthanasia or not, then the answer is ambiguous. When advancing clinical death agony is observed (body arching, muscle contraction), but it is believed that there is no longer consciousness and this is simply a reaction of the body. If you want to avoid it, then let the doctor pre-administer full anesthesia. The animal will leave as stress-free as possible.

Yep 01/17/2013 - 13:49

Yep 01/17/2013 - 13:51

Yep
moderators - move to medical.

second time, in Russian

Beautiful fox 01/17/2013 - 22:36

Sorry, I don't know how to move a topic to another section. Tell me how to do this or create a new topic there.

TIR 01/26/2013 - 14:55

Well it's your decision. I didn’t tell you that you need to shoot the dog without consulting your family. Maybe it's not the best option was. However, you know better.
The most humane way would probably be lethal injection of drugs. But, as you know, they have been absent from veterinary medicine for a long time. And in medicine, too, in the Russian Federation, as I found out.

Yep 26.01.2013 - 16:09

TIR
Well it's your decision. I didn’t tell you that you need to shoot the dog.

buddy - don't worry.
I made the decision myself and did everything myself.
I planned it that way myself.
Your post, which is certainly valuable to me, did not influence my decision in any way.

TIR 01/26/2013 - 16:21

Yep
buddy - don't worry.

Yes, I’m not worried, it’s just that you kind of addressed me, quoting me - I answered you 😛

© 2020 This resource is a cloud storage of useful data and is organized with donations from users of the site forum.guns.ru who are interested in the safety of their information

1. Submitted
The application was submitted to the department of supervision over the circulation of medicines for veterinary use

2. Sent to FSBI VGNKI
The registration dossier and samples were sent to the Federal State Budgetary Institution for registration tests

3. Registration testing agreement
An agreement was concluded between the applicant and the Federal State Budgetary Institution VGNKI to conduct registration tests

4. Payment made
Payment for registration tests at the Federal State Budgetary Institution VGNKI has been made

5. Registration tests
FSBI VGNKI conducts registration tests of samples

6. Preparation of an expert opinion
Based on registration tests, the Federal State Budgetary Institution VGNKI prepares an expert opinion

7.
The applicant is recommended to provide additional information/make changes to the documentation

8. Conclusion of the Federal State Budgetary Institution VGNKI
Based on the test results, the Federal State Budgetary Institution issues a conclusion on the possibility of registration of the medicinal product/feed additive

9. Documents submitted to Rosselkhoznadzor
After registration tests were carried out at the Federal State Budgetary Institution VGNKI, the documents were submitted for review to the “Department for Supervision of the Circulation of Medicines for Veterinary Use” of Rosselkhoznadzor

10. Harmonization of regulatory documents
The head of the veterinary supervision department of Rosselkhoznadzor coordinates regulatory and technical documentation and instructions for use

11. Documents have been sent for revision
The applicant is recommended to make changes to the regulatory and technical documentation/instructions for use

12. Documentation approval
The Deputy Head of Rosselkhoznadzor approves the regulatory and technical documentation for the medicinal product/feed additive

13. Registered / Listed
Date of state registration of the medicinal product/feed additive

14. Deregistered
The application was withdrawn from registration at the request of the applicant or by decision of Rosselkhoznadzor

15. Registration suspended
The state registration procedure has been suspended

16. Application suspended
Application suspended

17. State registration denied
According to the conclusion of the expert commission, state registration was denied

18. Registration canceled
Registration canceled

19. Confirmation of state registration
An application for confirmation of state registration has been submitted

20. Alteration
Application for amendment submitted

id="razdel">

Sadistic Obninsk utility workers kill animals in front of children and do not distinguish sleeping pills from poison!

Townspeople are accustomed to the sad news that someone in the city has brutally killed a cat or maimed a dog. But what happened in Obninsk just the other day goes beyond all conceivable boundaries of morality and humanity!

Obninsk mongrels die painfully and for a long time,
BUT ACCORDING TO THE INSTRUCTIONS

Dmitry, an accidental witness to the murder of a stray dog, contacted our editorial office. It happened last Wednesday at half past five in the evening. Driving past the Khrushchev apartment buildings near the station, he saw a dog on the side of the road in convulsions, foaming at the mouth, and a woman and a child were crying near her, and a young guy was fussing.

My first thought was that the dog was hit by a car,” says Dmitry. “I decided to drive up to them and try to help them with something.” I myself train dogs at the Sphinx club and I have friends who are veterinarians. It turned out that no one hit the dog. A woman with a child saw a man come up, poke the animal with a stick and leave. The second guy and I decided to catch up with that man; fortunately, he didn’t go far. We grabbed him by the arms and asked what he did with the dog? It turned out that it was a utility service employee, he showed us his ID and explained that he was engaged in catching stray animals, and he gave an injection to the dog.

And while the unfortunate animal was struggling in its death throes, the man decided to take a walk, and after 10-15 minutes, when the dog died, return it, throw the body into the car and take it away. It's a common thing.

At this point we will stop and tell you what kind of injection it was and how, in general, issues with homeless animals are resolved in the science city.

The sanitary cleaning department at the MPKH is responsible for catching stray cats and dogs. They receive applications from city residents and organizations who complain about homeless animals. An MPKH employee receives the drug “Adeline Super” from the city veterinary station, finds an animal that matches the description and “immobilizes” it with an aluminum stick with an attached syringe. In theory, this event should be attended by a police officer who will keep order, as well as a representative of the organization that submitted the application, in order to, so to speak, identify the dog. But this time the “hunter” was completely alone.

HOW “ADELINE SUPER” KILLS

Now let’s make a “lyrical digression” and talk about the drug itself in order to understand the essence of the problem.

In many civilized cities of Russia, the use of “Adeline Super” was declared illegal, since as a result of its influence the animal dies a painful death from suffocation. But in the country’s first science city they have been using it for quite a long time; they consider its use humane and are not going to abandon it.

“Adeline” is used on fur farms as euthanasia for the supposedly humane killing of animals. The drug causes a slow, painful death by gradually paralyzing the peripheral and respiratory muscles. The animal tries to take a breath, but it fails because the muscles atrophy. Being fully conscious, the animal experiences panic fear, dies for a long time and is extremely painful. But outwardly it may look like falling asleep, which misleads inexperienced eyewitnesses.

"Adeline Super" belongs to group A drugs - poisons. They or its analogues are actually used when euthanizing animals in veterinary clinics. But in veterinarians this is done differently: first, the animal receives anesthesia. And only when consciousness turns off, a drug is administered that slows down the heartbeat, and the animal dies without suffering.

But in Obninsk, homeless “our little brothers” are injected with poison right away, without anesthesia or painkillers! And what’s even worse is that the perpetrators of the “death sentence” are sure that it is humane!

UTILITIES ARE CONFIDENT THAT THEY ACT HUMANELY

For comments, we turned to the head of the sanitary cleaning service of MPKH Lyudmila SAUTINA. Lyudmila Petrovna confirmed the information that, indeed, last week there was an application from the management of the station market, which complained about a whelping bitch and a cable. And also, either out of ignorance, or out of naivety, Lyudmila Petrovna began to assure us that “Adeline Super” “acts like anesthesia,” they say, the dog simply falls asleep.

That is, when a dog is in agony, is it anesthesia? - just in case, we asked again.

Of course, everything fails for her, but then she wakes up, - with full confidence said Lyudmila Sautina. - You see, every dog ​​requires a certain amount of sedative. Just like people, some dogs’ hearts can’t stand it and they don’t wake up. But basically in the veterinary clinic they give us a dose not for defeat, but for euthanasia.

We asked the same question several times: what percentage of dogs do not wake up after an injection, and each time the boss avoided answering, saying that, in theory, all dogs should wake up. But, in the end, the switches were transferred to the veterinary station, they say, whatever drug they are prescribed there, that’s what they administer.

In general, all these assurances that dogs do not die, but fall asleep, look rather implausible if we remember the story from three years ago about the massacre at the station market. Then all the four-legged pets that the traders fed were mercilessly exterminated in the same way. And witnesses to this terrible picture can say with one hundred percent certainty that the dogs died on the spot.

Apparently, Lyudmila Petrovna does not use the Internet and, even for the sake of simple curiosity, did not try to look for information about the drug with which she is dealing. Although, on the other hand, this may be completely voluntary ignorance and in this way the compassionate boss wants to convince herself that animals do not suffer when they are killed.

“HUNTERS” FROM MPKH WORK “WITH DESIRE”

By the way, at MPKH we met the “performer” himself - Yuri KUZMIN. He’s new to this business, but he can already tell you how to properly hit an animal so that it doesn’t run away and quickly passes out.

Before Yuri, another comrade who recently had a heart attack worked in this difficult position for more than twenty years (and, as we were assured, with dedication and desire). But Yuri is already addicted to his occupation and quite comically tells stories about how he refused to go into the basement with the cats because there were a lot of fleas there, or how one day he shot, and the dog ran away from him - the dose turned out to be too small .

And regarding the incident with the child and the mother, his version goes like this: when he “immobilized” the dog, there was no one nearby, the mother accidentally saw it and for some reason brought the child to see it.

Finally, we asked one more question to the head of the unit: does Lyudmila Petrovna think that even such a procedure should be made more humane?

“What strange questions you are asking me,” said the boss. - Well, please suggest how this can be done more humanely? We go to Kaluga to exchange experiences, and they do the same thing there!

And yet, it’s worth the employees of the sanitation department to delve into the Internet, maybe then they would find out why Kaluga is called the “city of flayers.”

HOMELESS ANIMALS ARE SHOOTING TO KILL

We couldn’t help but contact the director of the city veterinary station, Anatoly REVVO. Anatoly Nikolaevich also does not like to answer directly questions asked about morality and starts talking about the irresponsibility of owners who abandon animals on the street. By the way, we completely agree with him regarding the global nature of this problem. But we still have the same question - why is the Adeline Super poison used in Obninsk?

Anatoly Revvo did not lie and directly said that he personally makes the euthanasia solution. By the way, one injection costs about 200 rubles, and as the head of the veterinary station explained, the city does not pay anything for this, they say, the veterinarian finances everything herself.

But most importantly, Anatoly Nikolaevich admitted that stray animals are shot to kill, except for those with collars. Those who have been in foster care at the veterinary station for three days. Revvo even agreed to show us the cells in which they live. Here, suicide animals await the appearance of their owners.

By the way, the cells were completely empty and suspiciously clean, as if no one had ever been placed in them. All this suggests that it is easier for the responsible services to immediately exterminate the animal rather than maintain it for some time.

TO PROTECT OBNINSK ANIMALS - AN ANCIENT DECISION OF THE CITY ASSEMBLY
AND NON-FOLLOWED INSTRUCTIONS

We will not present our entire dialogue with Anatoly Revvo and will put the issue of morality aside. Let's look at the law. Is it legal to exterminate an animal on site?

When carrying out their activities, public utilities are guided by the Instructions for catching animals signed by the head of the MPKH, as well as the “ancient” Decision of the city meeting No. 02-20 of 1997 “On strengthening work to regulate the keeping of dogs and cats.” We were not allowed to photograph the instructions, for fear of the anger of the director of the MPKh Sergei KLIMENKO, but in what we read we did not find a single word where it would be allowed to kill an animal on the spot. It also clearly states that “hunting” should be done in the morning, before people go to work.

As for the decision of the City Assembly, many of its points are simply not respected. Take, for example, the order for the sanitary and epidemiological service to participate in all joint activities to comply with these Rules - as you remember, the “hunter” was completely alone.

Or, for example, recommendations for housing offices to “equip a board at each entrance of a residential building to familiarize citizens with the materials: rules for keeping dogs and cats in the city of Obninsk, dog walking areas, addresses and telephone numbers of housing departments, catching services, veterinary and sanitary epidemiological services.” Have you seen something similar in your entrance?

WITHOUT TRIAL OR INVESTIGATION

And returning to the methods of catching. IN regulatory documents it is clearly stated that a stray animal should be immobilized and taken to the city veterinary station. Why then do the Obninsk services arbitrarily decide to destroy the unfortunate animal in the most painful way, without even giving it a chance to find its owner?

Why do organizations like “New Ark” and private clinics, which often perform operations on lost people free of charge, fight for every life, while others consider themselves entitled to destroy it without “trial and investigation”?

Surprisingly, utility workers are confident that all their actions are humane, they say, there were times when they strangled people with nooses or killed them with an electric fork. They are also confident that the murder of “Adelin” does not fall under Article 245 of the Criminal Code of the Russian Federation “Cruelty to Animals” and is not related to the violation of Article 137 of the Civil Code of the Russian Federation “Animals”, which states that “cruelty to animals that is contrary to the principles of humanity is not allowed " What do you think, dear readers, is death from such a drug any easier than death at the hands of some knacker? What is humanity?

P.S

And finally, I would like to remember the words of Mayor Alexander AVDEEV at one of the press conferences. Journalists asked how he felt about the innovation in Ukraine, when, on the eve of the European Football Championship, stray animals were burned alive in a mobile crematorium. Alexander Alexandrovich then said that “Obninsk residents will not wait for something like this to happen again.”

We also want to ask the question: isn’t it time for the authorities not only to chat about the problem of homeless animals, but also to at least make an attempt to find a solution to it? Might it be worth updating regulations and amending Decisions and Decrees regarding this issue?

There are many examples of other cities when local courts made decisions to ban the use of “Adeline Super” and its analogues. Why is Obninsk worse?

Isn’t it time for supervisory authorities to check the activities of MPKH and the city veterinary station? Do they have the right to kill an animal right away, in front of women and children?

In the end, when the life of an animal loses its value, then the turn comes for the devaluation of human life.

Diana KORSHIKOVA

class="anons_cont">
SOLUTION

named after the Russian Federation

Case No. 2-782 /2017

Slavyansk City Court of the Krasnodar Territory composed of judge N.I. Murashev,

with the participation of prosecutor Agaev M.N., representative of the administration of the Slavyansky urban settlement Karpusenko O.V., representative Kolosova E.A. by power of attorney M.A. Kolosov, representative of the State Budgetary Institution KK “Veterinary Administration of the Slavyansky District” Zinchenko I.V.,

under secretary Pavlova A.G.,

having considered in open court a civil case on the claim of the Azov-Black Sea environmental prosecutor in defense of an indefinite number of persons against the administration of the Slavyansky urban settlement and to individual entrepreneur Kolosova E.A. on the recognition of illegal activities of catching and killing stray animals using the drug “Adilin-Super” and its analogues and on the prohibition of its use on the territory of the Slavyansky urban settlement; prohibition of killing stray animals in cases not provided for by law, as well as in the absence of indications for killing confirmed by the conclusion of a specialist in the field of veterinary medicine; a ban on carrying out activities of catching and killing stray animals on the territory of the Slavyansky urban settlement without ensuring the possibility of keeping the captured animals for at least 6 months in a specialized nursery, shelter) or other animal keeping facility; the obligation to ensure compliance with legislative requirements to regulate the number of stray animals on the theory of the Slavyansky urban settlement; the obligation to organize the creation on the territory of the Slavyansky urban settlement of a specialized nursery (shelter) or other temporary detention center for stray animals; the obligation to ensure compliance with legal requirements regarding actions with unclaimed animals; the obligation to ensure compliance with the requirements of sanitary and epidemiological legislation, legislation on wildlife, on the maintenance and protection of domestic animals,

INSTALLED:

Azov-Chernomorsky interdistrict environmental prosecutor Cherny M.V. appealed to the court with the said claim, from the content of which it follows that the Azovo-Chernomorsky Interdistrict Environmental Prosecutor's Office carried out a scheduled inspection of the administration of the Slavyansky urban settlement of the Slavyansky district of the legislation regulating the procedure for catching and keeping stray domestic animals, during which it was established that on the basis of a municipal contract dated December 23, 2016 (...), concluded between the administration of the Slavyansky urban settlement of the Slavyansky district and I.P. Kolosova E.A., the latter carries out the capture of stray animals on the territory of the city of Slavyansk-on-Kuban. As the inspection showed, there is no shelter or other point for the temporary detention of stray animals on the territory of the Slavyansky urban settlement, which is confirmed by information from the local government authority dated 02/14/2017 for (...), as well as an explanation from a representative of the administration of the Slavyansky urban settlement dated 04/14/2017 . At the same time, IP Kolosova E.A. In pursuance of the designated municipal contract, as of April 14, 2014, 156 heads of stray dogs were caught, which were subsequently killed in violation of legal requirements using the drug “Adilin-Super,” which leads to immediate death, which is confirmed by the explanation of the representative of the individual entrepreneur dated April 11. 2017. At the same time, the above remedy causes painful death in animals from suffocation, without loss of consciousness, and is inhumane, while the euthanasia procedure should be carried out only by veterinary specialists in a specially designated room with limited access for outsiders. Thus, neither the administration of the Slavyansky urban settlement of the Slavyansky district, nor the individual entrepreneur E.A. Kolosova for a long time, compliance with the requirements of the law regarding the placement of a captured animal in a specialized nursery (shelter) or other temporary holding facility for animals, as well as the identification of the owner of the animal, was not ensured. The activities of IP Kolosova E.A., expressed in the catching and killing of stray animals using the drug “Adilin-Super”, as well as the fact that there is no shelter for temporary housing of stray animals in the Slavyansky district, exclude the possibility of their placement in a specialized institution for subsequent return to the owners , violate the rights of an indefinite number of persons to protect property rights, as well as the right to free disposal and use of property and contradict the principles of humane treatment of animals, which, in accordance with Art. The Civil Procedure Code of the Russian Federation gives the prosecutor the right to go to court to protect these rights and interests. Asks the court to recognize the activities of the individual entrepreneur E.A. Kolosova, expressed in the catching and killing of stray animals using the drug “Adilin-Super” and its analogues in the territory of the Slavyansky urban settlement of the Slavyansky district, as illegal; prohibit the administration of the Slavyansky urban settlement of the Slavyansky district, the individual entrepreneur E.A. Kolosova, as well as other persons from using the drug “Adilin-Super” and its analogues when catching stray animals on the territory of the Slavyansky urban settlement of the Slavyansky district; prohibit the administration of the Slavyansky urban settlement of the Slavyansky district, the individual entrepreneur E.A. Kolosova, as well as other persons from killing stray animals in cases not provided for by law, as well as in the absence of indications for killing confirmed by the conclusion of a specialist in the field of veterinary medicine; prohibit individual entrepreneur E.A. Kolosova and other persons from carrying out activities of catching and killing stray animals on the territory of the Slavyansky urban settlement of the Slavyansky district, without ensuring the possibility of keeping the captured animals for at least six months in a specialized nursery (shelter) or other point keeping animals; oblige individual entrepreneur Kolosova E.A. ensure compliance with the requirements of the legislation to regulate the number of stray animals on the territory of the Slavyansky urban settlement of the Slavyansky district, namely: inform the population in printed publications, other media or other in an accessible way about planned activities to catch stray animals, the location of detention centers and shelters; keep records of captured stray animals; deliver captured animals to a temporary holding point (shelter); organize examination and vaccination against rabies of captured stray animals by a veterinary specialist; in order to find the owner of the captured animal, no later than three days from the moment of detention of the stray animal, report their discovery to the police or to the local government body in whose territory the animal was captured; keep a captured stray animal in a holding point for such animals for six months from the moment of their capture, if the owner of the animal has not shown up. Oblige the administration of the Slavyansky urban settlement of the Slavyansky district to organize the creation on the territory of the settlement of a specialized nursery (shelter) or other temporary detention center for stray animals. Oblige the administration of the Slavyansky urban settlement of the Slavyansky district to ensure compliance with the requirements of the law with unclaimed animals, namely, if a captured stray pet is not claimed by its owner within six months from the date of capture, organize its sterilization (castration) and return to its former habitat. Oblige the administration of the Slavyansky urban settlement of the Slavyansky district to ensure compliance with the requirements of sanitary and epidemiological legislation, legislation on wildlife, maintenance and protection

domestic animals in the Krasnodar Territory when organizing activities to prevent and eliminate animal diseases, treat them, protect the population from diseases common to humans and animals, in terms of regulating the number of stray animals in the territory of the Slavyansky urban settlement of the Slavyansky district in accordance with the requirements of the resolution of the head of administration ( Governor) of the Krasnodar Territory dated 04/07/2014 No. 300 “On approval of the Procedure for regulating the number of stray animals on the territory of the Krasnodar Territory.”

At the court hearing, prosecutor M.N. Agayev asked that the stated demands be satisfied. He explained that there is judicial practice on similar requirements; the requirements were satisfied by the decision of the Anapa City Court of the Krasnodar Territory that entered into legal force.

Representative of the Slavyansky urban settlement on the basis of a power of attorney Karpusenko O.V. and representative Kolosova E.A. on the basis of the power of attorney M.A. Kolosov at the court hearing they objected to the stated claims.

Kolosov M.A. submitted to the court a response to the claim, from the content of which it follows that the specialized company “Pet-Service” (IP Kolosova E.A.) provides services for catching aggressive stray animals to municipalities of the Krasnodar Territory. Activities are carried out within the framework of municipal contracts, as well as within the framework of the Law of the Krasnodar Territory dated September 27, 2012 No. 2584-KZ. According to the Decree of the head of administration (governor) of the Krasnodar Territory dated April 7, 2014 (...), all stray animals are subject to capture, i.e. those that are in the territory of a populated area unaccompanied by the owner. According to the same resolution, the disposal of the corpses of captured animals is carried out at the Timashevsky Belok enterprise, a branch of KEK LLC, or Megapolis LLC. According to the same resolution, paragraph 6, animals that show aggression, as well as non-viable animals, must be killed. Aggressive behavior determined based on complaints received from the population. The capture of stray animals is carried out in accordance with current legislation in order to prevent the spread of infectious and invasive diseases common to humans and animals, to ensure order and tranquility of the population and is based on the principles of humane treatment of animals and compliance with public morality. It is prohibited to catch stray animals in the presence of children (law 800 KZ art. 10.). The procedure for carrying out the work has been agreed upon with the administration of the settlement; a representative of the customer is present during the execution of the work. Considering the fact that stray animals can be carriers of zooanthroponotic diseases that can lead to death, measures to catch stray animals are classified as sanitary and anti-epidemic measures. By the decision of the Pervomaisky District Court dated October 14, 2014 in case No. 2-Ё5084/15, the activities of IP Kolosova were recognized as complying with the norms of legislation. Catching stray animals in the city of Slavyansk in the Kuban is carried out by a specialist with veterinary education In addition, when catching, the presence of a representative of the city administration is mandatory. Thus, paragraph 3 of the statement of claim is void. All local laws, by-laws and regulations must not contradict federal laws and the Constitution of the Russian Federation, otherwise federal laws have a predominant effect. The file contains a letter from the head of the administration of the Slavyansky district municipality dated 02/14/2017 (...) in which it is reported that there are no places for placement and maintenance of 215 animals. dogs in the Slavyansky region. This means that it is not possible not only to build and maintain places to house stray animals ourselves, but also to pay for the services of a contractor for keeping animals. The return of captured animals after 6 months of detention does not ensure compliance with sanitary standards and violates the expenditure obligations of the Russian Federation. The money spent on catching, maintenance, sterilization and other activities for six months of one head, according to preliminary calculations, amounted to 47-50 thousand rubles. on the head. Thus, the prosecutor's office proposes to spend budget resources Slavyansky urban settlement in the amount of 10,750,000 rubles. per year for the maintenance and treatment of 215 goals of stray animals, and this does not count the cost of building a facility for accommodating stray animals. As a result, these same dogs must be released back into their habitat after 6 months, and then a year later they must be captured again for re-treatment and prevention. The average lifespan of a stray dog ​​is 4-6 years, and during this period it must be vaccinated every year. Thus, the cost per head can be up to 200,000 rubles. The prosecutor's office takes such an absurd position. In this regard, paragraphs 4, 5, 6 of the statement of claim do not appear to be real on objective grounds. Thus, all the demands of the prosecutor’s office set out in the claim are deprived legal grounds And common sense. The actions of the representative of the Azov-Black Sea Environmental Prosecutor's Office interfere with the exercise of powers of the administration of the urban settlement, which is obliged to provide citizens with a prosperous living environment. In addition, the actions of the prosecutor's office are aimed at destabilizing the epizootic situation in the region, at undermining the authority of the local executive power, and at creating social tension caused by attacks by stray animals on citizens. During 2017, in different regions of the Russian Federation, there were a number of tragic cases of fatal attacks by stray dogs on children, which caused a resonance in society, including riots with the use of weapons.

Karpusenko O.V. explained that the prosecutor’s demand that the administration be obliged to organize the creation of a specialized nursery or other temporary holding point for stray animals on the territory of the settlement cannot be fulfilled, since the administration does not have funding and does not have such powers. There is the right to organize catching and maintenance if there is a surplus in the budget. If there is no funding, the administration cannot even conclude a contract; this is the right of the administration, not an obligation. A municipal contract for the provision of services for municipal needs has been concluded with IP Kolosova, so the administration is fulfilling its responsibilities. As for the nursery, this is an expensive business and only the regional administration can allocate funds for it.

From the presentation by O.V. Karpusenko the review follows that by demanding that the administration of the SGPSR prohibit the killing of stray animals in cases not provided for by law, as well as in the absence of confirming conclusions from a specialist in the field of veterinary medicine of the indications for killing, the use of the drug "Adeline-Super" and its analogues when catching stray animals in the territory of Slavyansk urban settlement of the Slavyansky district, the prosecutor did not provide evidence that the administration of the SGPSR is carrying out these activities. Due to the fact that many stray dogs have appeared on the territory of the Slavyansky urban settlement of the Slavyansky district over the past year, causing concern among the population, the administration of the Slavyansky urban settlement of the Slavyansky district was forced to conclude a municipal contract dated December 23, 2016 (...) with an individual entrepreneur Kolosova E.A. In accordance with clause 14 of part 1 of article 14.1 and clause 15 of part 1 of article 16.1 of Law No. 131-F3, local government bodies of a city, rural settlement, city district, city district with intra-city division have the right to carry out measures to catch and keep stray animals living on the territory of the settlement (urban district). However, it must be borne in mind that these issues are not related to issues of local importance, therefore local government bodies of a city, rural settlement, urban district are not obliged to independently carry out measures to catch and keep stray animals. Activities for catching and keeping stray animals are not issues of local importance, but the implementation of such activities can be transferred by a subject of the Russian Federation to local government bodies. He asks that the demands of the Azov-Black Sea Environmental Prosecutor be denied in full.

Representative of the State Budgetary Institution KK “Veterinary Department of the Slavyansky District” Zinchenko I.V. suggested that the decision be left to the discretion of the court.

The court, having heard the participants in the process and examined the case materials, considers the claims of the Azov-Chernomorsky Interdistrict Environmental Prosecutor to be partially satisfied on the following grounds.

DECIDED:

The claims of the Azov-Black Sea Environmental Prosecutor were partially satisfied.

To recognize as illegal and prohibit the activities of the administration of the Slavyansky urban settlement and the individual entrepreneur E.A. Kolosova associated with the use of the drug “Adeldin_Super” and its analogues in the territory of the Slavyansky urban settlement when catching and killing stray animals.

To prohibit the administration of the Slavyansky urban settlement, individual entrepreneur Kolosova E.A. and other persons to carry out the killing of stray animals in cases not provided for by law, as well as in the absence of indications for killing confirmed by the conclusion of a specialist in the field of veterinary medicine.

To prohibit the administration of the Slavyansky urban settlement, individual entrepreneur Kolosova E.A. and other persons to carry out activities of catching and killing stray animals on the territory of the Slavyansky urban settlement without ensuring the possibility of keeping the captured animals for at least 6 months in a specialized nursery, shelter) or other animal keeping facility.

Oblige entrepreneur Kolosova E.A. inform in printed publications, other media and or in any other accessible way about planned activities to catch stray animals, the location of detention centers and shelters; keep records of stray animals, deliver captured animals to a temporary holding point (shelter), organize examination and vaccination against rabies of captured stray animals by a specialist in the field of veterinary medicine, in order to find the owner of captured animals, report their discovery to the police or local authority no later than 3 days of the local government in whose territory the animal was caught, keep the captured stray animal in a holding point for such animals for 6 months from the date of their capture if the owner of the animal does not show up.

Oblige the administration of the Slavyansky urban settlement to resolve the issue of organizing a specialized nursery (shelter) or other temporary detention center for stray animals on the territory of the Slavyansky urban settlement.

Oblige the administration of the Slavyansky urban settlement to ensure compliance with the requirements of legislation regarding unclaimed animals, ensure compliance with the requirements of sanitary and epidemiological legislation, legislation on wildlife, on the maintenance and protection of domestic animals in the Krasnodar Territory when organizing activities to prevent and eliminate animal diseases, their treatment, protection the population from diseases common to humans and animals, in terms of regulating the number of stray animals on the territory of the Slavyansky urban settlement of the Slavyansky district in accordance with the requirements of the resolution of the head of administration (governor) of the Krasnodar Territory No. 300 of 04/07/2014. “On approval of the Procedure for regulating the number of stray animals in the Krasnodar Territory.”

The rest of the claims of the Azov-Black Sea Environmental Prosecutor are left unsatisfied.

The decision can be appealed on appeal to the Krasnodar Regional Court through the Slavyansk City Court within a month from the date of issuance in final form.

Correct copy: Judge N.I. Murashev

AGREED

Judge N.I. Murashev

Court:

Slavyansk City Court (Krasnodar Territory)

Plaintiffs:

Azov-Black Sea Interdistrict Environmental Prosecutor

Defendants:

Administration of the Slavyansky urban settlement of the Slavyansky district municipality
Kolosova E.A.

Judges of the case:

Murashev Nikolay Innokentievich (judge)

Judicial practice on:

Personal Information

Judicial practice on the application of Art. 13.11 Code of Administrative Offenses of the Russian Federation