Executive Body of Kyiv City Council
(Kyiv City State Administration)
DEPARTMENT for Municipal improvement AND preservation
of natural environment
Saksaganskogo st.143, Kyiv, 01032, Tel. (044) 489-50-05, Fax (044) 489-33-68,
Call Center (044) 15-51 E-mail: [email protected]уа EDRPOU Code 34926981
|29.03.2017 No. 064-Д-5922-508||Michael Jacob|
In pursuance of the order of the Deputy Head of Kyiv City State Administration P. Panteleyev dated 28.02.2017 No. Д -5922 the Ecology and Natural Resources Division of the Department for Municipal Improvement and Preservation of Natural Environment of the Kyiv City Council (Kyiv City State Administration) considered your application regarding prevention of cruel extermination of stray animals in the city of Kyiv and within our competence we report the following.
The instances of cruel elimination of stray animals are constantly monitored by municipal authorities, animal advocate organizations, volunteers and law enforcement agencies.
We inform that according to the current legislation of Ukraine people are brought to criminal responsibility after the fact of commission of a crime, including after the fact of poisoning or killing animals.
According to the signs of damage and the nature of the killing of animals the actions of the unknown abusers may contain the elements of a crime set forth in part 1 of article 299 of the Criminal Code of Ukraine.
In order to start the criminal proceedings based on a fact of poisoning or killing of animals the facts and circumstances that are essential to the criminal proceedings and are to be proven should be collected in the manner prescribed by the Criminal Procedure Code of Ukraine,
the persons who committed violations should be identified and an appropriate forensic medical examination with a histological and toxicological examination of a postmortem material should be carried out.
According to the Law of Ukraine “On the National Police” the provision of the personal security of citizens, the revealing of criminal offenses, the participation in their disclosure, the search, detention or arrest of persons who have committed offenses fall within the scope of powers of the appropriate structural departments of the police.
In addition, the Law of Ukraine “On protection of animals from cruelty” (hereinafter – the Law) regulates the issue of protection of animals from suffering and death due to cruel treatment of them, defence of their natural rights and strengthening of morality and humanity of the society.
According to Article 16 of the Law the control of population of wild animals and animals not kept by people but living in an environment that is wholly or partially created by human activity is done by the method of neutering or biologically justified methods, and if their usage is impossible – by the method of euthanasia.
We hereby inform, that the stray animals are neutered, vaccinated against rabies and, if their owner is not identified over this period of time, they are returned to their previous location (place of capture) under care and responsibility of individuals, enterprises, entities, organizations regardless of the ownership form, civic and charitable organizations, which is not contrary to Article 24 of the Law concerning the capture and temporary isolation of pets.
The stray animals (except for aggressive and socially unadapted) which have been previously neutered, visually identified and returned under the responsibility of custodians shall not be captured.
According to the statutory tasks, the municipally-owned enterprise “Animal Shelter” provides capturing of stray animals upon applications from legal entities (users or operators of property on the territory of which the animals stay), on condition of concluding a contract of animal capture between the territory owner or operator and MOE “Animal Shelter”.
Moreover, we hereby inform that Kyiv Municipal State Administration concluded a Memorandum on Cooperation dated 15.05.2012 No. 8 (hereinafter – the Memorandum) with the German Animal Protection Union (Deutscher Tierschutzbund), principally aimed to establish proper conditions in Kyiv for humane treatment of stray animals using the humane control of the stray animals population (by neutering).
Since May 2012 the community-owned enterprise “Kyiv City Veterinary Clinic” is the key implementer of the Memorandum. As the result of cooperation with German Animal Protection Union the enterprise specialists neutered 13531 stray dogs.
The population of stray animals remains large because of migration of animals from suburban areas, and also due to irresponsible attitude of some pet owners to their pets.
Considering the above, the capital is taking steps to control the number of stray animals by humane methods exclusively – by neutering in accordance with the requirements of the applicable legislation of Ukraine.
|Deputy Director of the Department – Chief of Ecology and Natural Resources Division||[signature]||A. Malyovanyy|
Lagun 425 41 94