In Kiev, again, a compulsory paid registration of dogs was introduced - this time in CNAPs, UAH 210 for each animal. The authorities submit it as a step towards the order, but the journalist Vladislav Bovsunovsky sees something else in the innovation - legal arbitrariness and a scheme that has no legal basis. In his column, he explains why this payment violates the Constitution, the laws of Ukraine and common sense, and also calls for animal owners not to be silent, but to demand answers.
In a single marathon or as there it is called, all without exception of the media legitimized the corruption scheme, fainted even in the time of Loni-Kosmos, about the registration of pets. Journalists, patterfully inflating the news, forgot about the small detail - registration is a paid, actually illegally entered.
As a dog with huge experience, I sent all these KP from the early 2000s, when only this "registration" was introduced-then aunts with the voices of alcoholics called the stouting and demanding 34 UAH. Currently, the appetites have increased - everyone has to take off ... 210 UAH.
What is legal and what is not?
Let's start with the basics.
The Law of Ukraine “On Protection of Animals from Cruelty” defines the principles of humane attitude to animals and establishes the responsibilities of the owners, in particular - the identification of the animal.
But it is in the law that there is no direct requirement to register a dog in a particular place, because of a specific structure, especially - paid. The law guarantees the protection of the animal and does not create barriers to perform duties to it.
The principle of the rule of law applies in Ukraine. This means that no by -law (rules, instructions, city council decisions) can go beyond or contradict the law. This is enshrined in the Constitution (Art. 19 and 92).
Now let's look at the responsibility:
The Code of Administrative Offenses (Article 154) refers to a “violation of the rules of keeping animals”, including the maintenance of unregistered dogs.
But:
- It is not said that registration should be in the CNAP;
- It is not said that it should be paid;
- And it is not said exactly that without payment to the KP, the dog is automatically considered "unrealized".
So we have a situation:
Local authorities establish a mandatory paid registration of dogs through a specific KP, actually creating a monopoly.
The owners are not fined for violating the law, but for failing to comply with the provision of a local decision that has no law.
This is the excess of authority and violation of the right of citizens to free access to administrative service (Article 11 of the Law on Administrative Services).
I am for the order and accounting of animals. However, against legal arbitrariness.
Require explanations:
- On the basis of which law should paid registration take place?
- Why is my animal automatically recognized as outlawed without payment?
- And most importantly - who has the right to solve it?
The law is a law. And only the law. Everything else is just an application that cannot replace the basic.
Reference. There are free online registration of animals in Ukraine on the basis of a chip, a veterinary passport and vaccination.