Abstract
The article is of a scientific and research nature, and the author’s conclusions and thoughts are based on the interpretation of legal provisions and the achievements of the legal doctrine. The tasks of the municipality aimed at providing care and humane protection of animals were examined. The material foundations of the study are legal institutions provided by the Animal Protection Act. Three such institutions were distinguished: the homeless animal care program, the decision to temporarily collect the animal away, and the decision to keep dogs of breeds considered aggressive. The text analyzes the legal nature of the commune’s tasks in this sphere and the legal implementation forms of these tasks, and highlights some ambiguous legal issues.
Highlights
The legal protection of animals results from various motives, has multiple goals and has diverse legal foundations
The two leading themes and, at the same time, the directions of normative regulations are the provisions which create a system of environmental protection of animals and humane regulations for animal protection
C The Animal Protection Act lists several categories of animals. In particular these are: 1) stray animals – domestic or farm animals that have gone astray, got lost or been abandoned by humans, and it is not possible to determine their owner or persons under whose care they have been permanently left (Article 4 (16) APA); 2) pets – animals traditionally staying with people in their homes or other suitable place, maintained by man as his companion (Article 4 (17) APA); 3) farm animals – within the meaning of the Act of 10 December 2020 on organization of breeding
Summary
The legal protection of animals results from various motives, has multiple goals and has diverse legal foundations. C it is necessary to consider whether the implementation of a public task in the form of animal humane protection occurs throughout the country and belongs to the group of outsourced tasks referred to in Article 8 (1) of the Act on municipality self-government, according to which such laws may impose an obligation on a municipality to perform tasks commissioned in the field of government administration; these tasks can be performed based on an agreement with the authorities of this administration (paragraph 2). When the voivodeship management prepares and implements a program on raising the awareness of provisions of the Animal Protection Act among farmers, the legislator does not state that this is a commissioned task; a contrario, they must be treated as local tasks of the voivodeship self-government falling into the category of provincial public education. C preventing animal homelessness program; 3) permission to breed or keep a dog recognized as an aggressive breed
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