Law. Human. Environment (Nov 2023)
Veterinary defects as a subject of forensic veterinary investigation
Abstract
Defects in veterinary activities often cause epizootics that pose a threat to animal and human life and cause economic losses to livestock facilities. To prove the guilt of a veterinary practitioner in the occurrence of professional defects, forensic veterinary examination is essential. The study aims to formulate and characterise the conceptual and categorical apparatus of the phenomenon of defects in veterinary practice, to identify the signs of these defects in terms of forensic veterinary examination, and to propose amendments to the criminal, administrative and veterinary national legislative framework. The methodological basis of the study includes a systematic approach which uses general and special scientific methods: analysis and synthesis, induction and deduction, analogy; logical-semantic and systemstructural methods; modelling method and comparative legal method. It is argued that it is appropriate to distinguish two groups of offences related to veterinary activities, including criminal offences (misdemeanours and crimes), administrative offences and civil torts. The author’s definitions are proposed: “crime in veterinary activity”, “fault in veterinary activity”, “nonperformance or improper performance of professional duties by a veterinary practitioner”, “engaging in illegal veterinary activity”, “illegal issuance of a veterinary prescription”, “illegal conduct of veterinary biological or other experiments on animals” and their features are outlined. The features of the objective side of criminal, administrative and civil law offences in the field of veterinary medicine are outlined. The author identifies the problematic aspects of defects in veterinary activities which should be emphasised by scientists and practitioners and suggests ways to solve them. The study became the basis for the development of a methodology for forensic veterinary research of defects in veterinary activities in criminal and administrative proceedings and civil cases
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