Humane and Moral Attitude of People to the Animals and Norms-Principles of Russian legislation: Philosophical and Legal Analysis

Abstract

Introduction: In Russian legal scholarship, issues of humane and moral treatment of animals remain insufficiently studied, despite the fact that corresponding requirements are enshrined in the Constitution of the Russian Federation, presidential decrees, and legislation. The absence of clear legal definitions of “humaneness” and “morality” complicates law enforcement. This article presents an analysis of philosophical categories and legal principles that mandate the humane treatment of animals.Methodology and materials: The article was prepared using legal-dogmatic, systemic, comparative and structural methods.Results and Discussion: Based on scientific knowledge of the concepts of “humanity”, “morality” and “morals”, the author proposes her vision of how these concepts relate to each other and to the concept of “ethics”. The article also provides the analysis of individual categories of morality: “good”, “evil”, “duty”, “conscience”, as well as the possibility of their application not only in relations between people, but also in relation to people’s treatment of animals. The article includes an analysis of modern concepts for legal protection of biological species of animals. The author outlines the process by which moral norms are transformed into legal norms and explains the conditions necessary for such transformation, using the example of the norms and principles of the Federal Law of 27.12.2018 No. 498-FZ “On Responsibility for Animals and on Amendments to the Some Legislative Acts of the Russian Federation”.Conclusions: The main concepts of morality: “good”, “evil”, “duty” and “conscience” are fully applicable to issues of animal treatment. The need for a humane and moral attitude towards animals and providing them with legal protection is fully justified by the ability of animals to experience pain and suffering; this concept is sufficient to develop rational criteria for providing legal protection. At the same time, in order to include moral concepts (“humanity” and “morality”) in legal norms, it is necessary to integrate them into the law, transforming them into legal norms-principles, which should be accompanied by the introduction of other regulatory norms (rules, requirements, restrictions and prohibitions) establishing responsibilities for people and sanctions for their violation.