Laws on euthanasia of homeless animals declared unconstitutional

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The Constitutional Court sided with animal rights activists and recognized the euthanasia of stray dogs as an exceptional measure, possible only in the event of danger to people. With this decision, the court recognized as unconstitutional the laws on the killing of stray dogs, which were adopted in 12 regions over the year.

The Constitutional Court heard the case at the request of the Supreme Court of Buryatia, which animal rights activists had approached in February. They demanded that the local law on animal euthanasia be checked for compliance with federal legislation. It was the first - and one of the most cruel - since the transfer of authority to resolve the problem of homeless animals to regional authorities. Before the activists appealed to the court, dogs living in shelters could be euthanized if owners were not found for them within a month of being caught from the street.

The Prosecutor General's Office also spoke at the Constitutional Court session. It stated that laws allowing the killing of non-dangerous animals contradict federal legislation and the principles of humanity, and the expansion of regional powers in creating such laws creates a situation of legal uncertainty.

Why is it legal to kill stray dogs in some regions?

• Until the summer of 2023, according to the Federal Law "On Responsible Treatment of Animals", uniform rules for handling stray animals were in effect for all regions - capture, placement in shelters, sterilization, vaccination and return to the street if the animal did not show dangerous aggression towards humans.

• In the summer of 2023, amendments were adopted to this law, which gave regional authorities the authority to independently determine how to deal with homeless animals. In July, they already came into force, and in November, the first region - Buryatia - adopted a law allowing the euthanasia of homeless animals.

• Since then, the authorities of Yakutia, the Khanty-Mansi Autonomous Okrug, Udmurtia, Altai, Chukotka, the Transbaikal Territory, the Astrakhan, Orenburg, Samara and Magadan regions and Tuva have permitted the killing of stray animals.

• The laws have sparked protests from animal rights activists; in at least three regions – Buryatia, Astrakhan and Orenburg regions – activists have filed lawsuits against the laws.