Comment to article 408. Violation of the rules of keeping and walking dogs and cats, the rules of trapping and destroying stray dogs and cats of the Code of the Republic of Kazakhstan on Administrative Offenses
1. Violation of the rules for keeping and walking dogs and cats, as well as the rules for trapping and destroying stray dogs and cats in cities and other settlements established by local representative bodies of oblasts, cities of republican significance and the capital
– entails a warning or a fine in the amount of three monthly calculation indices.
2. The same actions that caused damage to the health or property of individuals,
– incur a fine in the amount of ten monthly calculation indices.
The general object of the offense is the social relations developing in the field of veterinary and sanitary welfare of the administrative territories of the Republic of Kazakhstan. An optional object here may be the health of citizens or public safety, as the third part of the article explicitly defines the object of protection and the health and material well-being of individuals.
The objective side is characterized by the following qualifying features:
1) violations of the rules of keeping and walking dogs and cats in cities and other settlements;
2) violations of the rules for trapping and destroying stray dogs and cats in cities and other settlements;
3) violations of the rules for keeping and walking cats and dogs, as well as the rules for trapping and destroying stray dogs and cats in cities and other settlements, if these violations have caused damage to the health and property of individuals.
The rules for keeping cats and dogs must be approved by local executive authorities, both in urban and rural areas. Since cats and dogs belonging to individuals are the instrument of committing an offense, the Rules should provide for measures to combat stray cats and dogs.
A dog and cat owner is a natural or legal person who owns or otherwise owns dogs and cats.
A dog is a mammal of the Canidae family.
A cat is a mammal of the felidae family.
The maintenance of dogs and cats is the actions performed by the owners of dogs and cats for the full maintenance of the vital activity of dogs and cats, their physical health, taking into account compliance with veterinary and sanitary standards.
Stray dogs and cats are unregistered dogs and cats in which it is impossible to identify the owner, stragglers or escaped from the owner, who are without supervision from the owner or a responsible person.
Public places are places where there is a significant gathering of people or such a gathering of people is possible, including squares, parks and other places of recreation for citizens, beaches, stadiums
Dog and cat walking is the stay of dogs and cats outside the premises, as well as in specially designated areas.
The purchase and sale of dogs and cats, their transfer to another person, as well as transportation by all means of transport within the city, outside the city, on the territory of horticultural associations are allowed only if there is a veterinary passport for the animal with the date of vaccination against rabies and infectious diseases marked in it. When exporting from the city and importing into the city from other regions, owners of dogs and cats must have a veterinary certificate with notes on their state of health and vaccination no more than 12 months and no less than 30 days before importation. Dogs belonging to citizens, enterprises, institutions and organizations, starting from the age of three months, regardless of breed, are subject to mandatory vaccination against rabies and for epizootic indications against leptospirosis, microsporia, as well as helminth testing or preventive deworming.
Cats, starting from the age of two months, are subject to vaccination against infectious diseases common to animals and humans, according to epizootic indications against microsporia, and research on helminthiasis.
The owner of a dog (except for dogs requiring special responsibility of the owner) may be a person who has reached the age of 14 and has the written permission of his parents (to register the dog in his own name). If the owner of the animal is a legal entity, then it is obliged to appoint a person responsible for the maintenance of the animal.
It is prohibited to organize shelters and kennels for any kind of dogs and cats in apartments. In exceptional cases, due to sanitary conditions, local executive bodies and apartment owners' cooperatives are granted the right, with the involvement of relevant services and organizations, to allow the maintenance of more pets, restrict or completely prohibit the maintenance of dogs, cats and other zoological species by citizens in apartments and other communal facilities.
It is not allowed to keep dogs and cats in common areas (kitchens, corridors, stairwells, basements, attics, loggias, balconies and other utility rooms), on house territories (except for house territories of individual housing stock houses), in hotels and in the corridors of dormitories.
Dogs and cats are allowed to be kept in individual housing stock houses, in a building and on the territory adjacent to it only with the permission of the owner of this territory or with the consent of another authorized person. Dogs should be kept in a well-fenced area, and fencing should prevent the animal from escaping, attacking people or other animals, or biting passers-by. If there is a dog in the territory, a warning sign must be placed at the entrance measuring at least 20 x 30 centimeters with the image of a dog and the inscription "It kuzetedi is guarded by a dog!"
It is prohibited to organize and conduct dogfights and other events that commit cruelty to animals on the territory of the city (the exception is checking the working qualities of dogs according to special rules, which excludes animal mutilation and allows for proper breeding selection for breeding guard dogs).
When walking dogs, owners must comply with the following requirements:
1) it is allowed to take dogs out of places of detention and walk them in a muzzle and on a short (up to 1.5 meters) leash without creating anxiety and interference to others. Puppies of dogs under the age of three months and dogs of decorative breeds, the anatomical features of which do not allow to put on a muzzle, can be walked without muzzles, provided that the safety of surrounding people and animals is ensured.;
2) walking dogs without a leash and muzzle is allowed only in fenced territories, training grounds and free-range areas provided for by local executive bodies, cooperatives of apartment owners;
3) dog owners must always have a collar around the dog's neck with a numbered badge attached to it indicating the dog's name, breed, address and phone numbers of the owner. Other information about the dog may be indicated on the license plate at the request of the owner.;
4) when crossing streets and in the vicinity of highways, dog owners should take them on a short leash in order to avoid traffic accidents and dog deaths;
5) in case of biting or scratching by dogs or cats walking, measures should be taken to call appropriate medical assistance.;
6) when walking dogs and cats near residential buildings, silence must be ensured between 23.00 and 07.00 hours.;
7) in case of contamination of public places by dogs and (or) cats, the excrement and other products of their vital activity must be removed immediately.
Dogs can be leashed in muzzles and on short leashes, which exclude arbitrary untying, near buildings for the time during which the owners of the animals are in buildings, if there is no threat to other persons, violation of public order, movement and health of the dog. At the same time, dogs should not interfere with the passage of people and vehicles.
Not allowed:
1) to walk dogs and cats that have not been vaccinated against rabies and tested for parasitic diseases (echinococcosis and toxoplasmosis);
2) to walk dogs and cats in playgrounds, sports grounds, territories of preschool and educational institutions, medical institutions, parks and other places of mass recreation of citizens, in places where prohibition signs are installed, with the exception of places permitted or specially designated for these purposes;
3) to visit shops, catering establishments, medical, cultural, sports and educational institutions with dogs and cats (except for guide dogs accompanying people with visual disabilities) (except for visits to specially organized events, or visits to specialized institutions (organizations) for visits with dogs, cats);
4) to walk dogs, except for puppies of dogs under the age of three months and decorative breeds of dogs, to persons under 12 years old unaccompanied by adults;
5) to walk dogs to persons who are in a state of alcoholic or narcotic intoxication;
6) walk dogs and cats on beaches, bathe and wash them in public bathing areas, ponds, fountains, reservoirs and water intakes;
7) to be with dogs and cats in crowded places and at public events, with the exception of service dogs that carry out work to rescue people, as well as to combat crime and protect public order, and guide dogs for people with visual disabilities.
The rules for trapping and destroying stray cats and dogs are approved by local representative bodies on the basis of paragraphs 2-2 of Article 6 of the Law of the Republic of Kazakhstan dated January 23, 2001 "On Local Public Administration and Self-Government in the Republic of Kazakhstan". For example, when classifying such offenses, police officers of the Almaty region should be guided by the decision of the Maslikhat of the Almaty region dated March 27, 2015 No. 43-249 "On approval of the Rules for keeping and walking dogs and cats, trapping and destroying stray dogs and cats in the Almaty region."
The objective side of part 2 of the commented article provides for damage to the health or property of individuals as a result of improper maintenance of cats or dogs. If, as a result of these illegal actions, property owned by a legal entity is damaged, then Article 408 of the Administrative Code cannot be applied in this case. Since the legislator overlooked these cases, compensation for property damage to a legal entity, which is possible only through civil proceedings.
The subject of the offense will be a capable and sane owner of a dog or cat or a person responsible for their maintenance who has reached the age of 16 at the time of the offense.
The subjective side of the commented article can be expressed in the form of direct intent, or by negligence.
They have the right to initiate proceedings under the commented article and impose an administrative penalty.:
1) chairmen of committees and heads of departments of the Ministry of Internal Affairs, heads of territorial internal affairs bodies, administrative divisions, migration police, local police service of the region, city of republican significance, capital, their deputies (paragraph 1, part 2, art. 685 of the Administrative Code);
2) employees of the internal affairs bodies (police) with special ranks (clause 4, Part 2, Article 685 of the Administrative Code)
3) local executive bodies, namely: akims of cities of regional significance, towns, villages, rural districts (part 3 of art. 729 of the Administrative Code)
The sanction of part 1 of the commented article provides for two types of administrative penalties:
1)Warning;
2) a fine in the amount of three monthly calculation indices.
But arbitrary choice of punishment is unacceptable. When making a decision to impose an administrative penalty under the commented article, the above-mentioned officials must take into account the requirements of part 2 of Article 43 of the Administrative Code, which states that "In the absence of circumstances provided for in Article 57 and the note to Article 366 of this Code, the court (judge), the body (official) imposing the administrative penalty is obliged to apply a warning provided for in the relevant article of the Special Part of this Code."
That is, if there are no circumstances in the actions of the offender that aggravate responsibility for administrative offenses, then the official must issue a resolution imposing an administrative penalty in the form of a warning.
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
