On responsible treatment of animals

New Unofficial translation

Law of the Republic of Kazakhstan dated December 30, 2021 No. 97-VII LRK

      Unofficial translation

      This Law regulates public relations in the field of responsible treatment of animals in order to protect them, ensure safety, strengthen morality and adherence to the principles of humanity of society when treating animals, as well as protecting the rights and legitimate interests of individuals and legal entities when treating animals.

Chapter 1. GENERAL PROVISIONS

Article 1. Basic definitions used in this Law

      The following basic definitions are used in this Law:

      1) catching service - a state veterinary organization established by local executive bodies of regions, cities of republican significance, the capital, as well as individual entrepreneurs and non-state legal entities engaged in catching, temporary keeping and killing of animals;

      2) wild animals - animals whose natural habitat is wild nature, including those kept in captivity and (or) semi-free conditions;

      3) cruel treatment of animals is an intentional act that has resulted or may result in death, injury or other harm to the health of an animal;

      4) euthanasia of an animal (hereinafter-euthanasia) is medical killing of an animal, excluding the infliction of pain and physical suffering to the animal;

      5) the owner of an animal – an individual or a legal entity to whom an animal belongs by the right of ownership or other proprietary right;

      6) animals - vertebrates;

      7) a rehabilitation center for animals - a property complex designed and equipped for limited admission, treatment, temporary keeping, rehabilitation and adaptation of animals, subject to or not subject to return to the owner of an animal and (or) the responsible person or to the natural habitat, found themselves in a position, threatening their life and health, unable to exist in natural conditions, as well as pets seized or confiscated from individuals or legal entities (companion animals);

      8) animal shelter - a property complex designed and equipped for keeping animals in a situation that threatens their life and health, watchless and stray animals, as well as pets (companion animals) seized or confiscated from individuals or legal entities;

      9) public inspector in the field of responsible treatment of animals (hereinafter- a public inspector) - an individual carrying out public control in the field of responsible treatment of animals in accordance with the rules for conducting public control in the field of responsible treatment of animals;

      10) an authorized body in the field of responsible treatment of animals - central executive body, carrying out management and intersectoral coordination in the field of responsible treatment of animals;

      11) point of temporary keeping of animals - a property complex specially designed and equipped for the temporary keeping of found, caught stray and stray animals, as well as pets (companion animals) seized or confiscated from individuals or legal entities;

      12) animals fight - a fight between two or more animals that has arisen as a result of setting them against each other or as a result of their breed characteristics, with the owner of an animal and (or) the responsible person deliberately failing to take measures to prevent or stop it;

      13) a responsible person - a person who bears the rights and obligations of the owner of an animal, established by this Law, on the written instruction of the owner of an animal;

      14) mobile menagerie - specially equipped mobile structures, including cages, used for public demonstration of animals in circus, variety, entertainment activities that have no scientific value, by keeping and transporting animals;

      15) zoological hotel - a property complex created by an individual entrepreneur or a non-state legal entity, designed and equipped for temporary keeping or overexposure of domestic animals (companion animals) in agreement with the owners of animals;

      16) zoological nursery - a property complex created by an individual entrepreneur, state or non-state legal entity, specially equipped and intended for keeping and breeding animals with breeding value or special purpose

      17) petting zoo - specially equipped facilities, premises, vehicles, cages, fences and other structures used for keeping animals for the purpose of their public demonstration and providing physical contact with visitors;

      18) stray animals - dogs and cats that do not have an owner;

      19) watchless animals - animals that are outside the place of keeping and over which the control of the owner of an animal and (or) the responsible person has been lost;

      20) service animals - animals specially prepared and used (applied) in search, guard, patrol, protective guard, search and rescue and other service purposes established by the legislation of the Republic of Kazakhstan;

      21) injury is a serious harm to the health of an animal that has caused a complete or partial loss of function of any organ, as well as a violation of the anatomical integrity of an animal, except in cases determined by the legislation of the Republic of Kazakhstan in the field of veterinary medicine;

      22) sterilization - depriving an animal of the ability to reproduce offspring by surgical, medical or other means;

      23) place of keeping - buildings, structures, constructions, premises or land plots where the animal is kept used by the owner of an animal and (or) the responsible person;

      24) domestic animals (companion animals) (hereinafter-domestic animals) - animals, regardless of species, which are traditionally kept and bred by humans to satisfy aesthetic and communication needs;

      25) registration of domestic animals - mandatory registration of information on the assignment of an individual number to a domestic animal, its owner with a place of residence and veterinary measures taken;

      26) products (means) for registering domestic animals - boluses, chips and other products (means) used for registering domestic animals;

      27) pasture of domestic animals- actions of the owner of an animal and (or) a responsible person, involving the removal of an animal from the place of its keeping and aimed at satisfying the physiological needs of an animal in physical activity, administration of natural needs;

      28) self-pasture of domestic animals - independent stay of domestic animals outside the place of detention without presence of the owner of an animal and (or) a responsible person;

      29) experimental (laboratory) animals - animals bred, kept and used for scientific researches, biological testing, educational process, for medical purposes, as well as for obtaining biomedical preparations.

Article 2. Legislation of the Republic of Kazakhstan in the field of responsible treatment of animals

      1. The legislation of the Republic of Kazakhstan in the field of responsible treatment of animals shall be based on the Constitution of the Republic of Kazakhstan, consist of this Law and other regulatory legal acts of the Republic of Kazakhstan.

      2. If an international treaty ratified by the Republic of Kazakhstan establishes other rules than those contained in this Law, then the rules of the international treaty shall be applied.

Article 3. Principles for regulating the responsible treatment of animals

      The principles for regulating the responsible treatment of animals shall be:

      1) treating animals as beings capable of experiencing pain and physical suffering;

      2) personal responsibility of the owner for the life, health and welfare of an animal;

      3) protection of animals from cruel treatment;

      4) educating of a moral and humane attitude towards animals at the population.

Article 4. Protection of animals from cruel treatment

      1. Cruel treatment of animals shall be prohibited.

      2. When treating animals, it shall be prohibited:

      1) beatings, torture of an animal, including hunger, thirst, and other violent acts by dismemberment, burning, drowning, suffocation, slaughter of an animal, which have led or may lead to death, injury or other harm to the health of an animal;

      2) conducting of veterinary and other procedures on animals, in which the use of pain relief or anesthesia is indicated, without the mandatory use of appropriate means, except in cases when the use of painkillers and anesthetics may harm the health of an animal;

      3) setting animals on a person and (or) other animals out of hooligan motives or for purposes not related to the performance of official duties or hunting carried out in accordance with the legislation of the Republic of Kazakhstan;

      4) refusal of the owners of animals or responsible persons to fulfill their obligations for keeping of animals and (or) their offspring until they are placed in animal shelters or alienated in another legal way;

      5) non-provision of assistance to an animal that is in a state of danger to life and health by the owner of an animal and (or) a responsible person, if these persons had the opportunity to provide assistance to the animal or put it in a state of danger to life and health themselves;

      6) organization and conduct of animal fights;

      7) organization and holding of entertainment events that cause injury or other harm to the health of an animal or death of animals, with the exception of sports events in national types of sport using animals in accordance with the Law of the Republic of Kazakhstan "On physical culture and sports";

      8) the use of inventory and other devices that cause injury or other harm to the health of an animal or death of an animal;

      9) breeding, keeping, use of dogs and cats for eating them, obtaining products and raw materials from these animals by slaughter or causing injury or other harm to health, as well as the sale of such products, with the exception of obtaining the hair of dogs and cats by combing;

      10) conducting of euthanasia by a person who is not a veterinarian

      11) crossing domestic and wild animals, with the exception of their hybridization for scientific purposes.

      3. If further use of an animal for its intended purpose is impossible, the owner of an animal and (or) the responsible person shall be obliged to ensure keeping of such an animal until its natural death or transfer it to an animal shelter, individuals or legal entities capable of creating the necessary conditions.

      If the state of health of an animal due to age-related changes, presence of chronic diseases, a post-traumatic state implies a deterioration in the quality of life of an animal associated with regular pain or a violation of organ systems or severe functional disorders of the musculoskeletal system, the owner of an animal shall have the right to take the decision on euthanasia according to the conclusion of a veterinarian.

      4. Do not constitute cruel treatment of animals:

      1) treatment of an animal in case of an animal attack on a person and (or) animal and in other cases when the animal poses a threat to the life or health of a person, animals, as well as public order and safety;

      2) deratization;

      3) use of animals for feeding other animals kept in captivity and (or) semi-free conditions;

      4) hunting, fishing or fish farming, regulation of the number of wild animals, slaughter of farm animals, veterinary measures, euthanasia, carried out in accordance with the requirements of this Law and other regulatory legal acts of the Republic of Kazakhstan;

      5) slaughter of animals during religious rites by followers of religious associations registered in the Republic of Kazakhstan, if this is provided for by their dogma.

Article 5 Education and upbringing of the population in the field of responsible treatment of animals, prohibition of propaganda of cruelty to animals

      1. In order to educate the population in a moral and humane attitude towards animals, to prevent cruelty to animals, education and upbringing of the population in the field of responsible treatment of animals shall be carried out.

      Public education and upbringing in the field of responsible treatment of animals shall be carried out by state bodies, local executive bodies, educational and health organizations, environmental organizations, public associations, other legal entities, as well as individuals by informing about the legislation of the Republic of Kazakhstan in the field of responsible treatment of animals, teaching a bioethics course or conducting extracurricular work on the humane treatment of animals in the education system, holding exhibitions, seminars, conferences, competitions and other events.

      2. It shall be prohibited to promote cruelty to animals and (or) calls for it, including through the production, demonstration, distribution and other use of printed, audiovisual and other messages and materials with or without profit.

      3. Coverage of the facts of cruelty to animals shall be carried out in accordance with the requirements of the Law of the Republic of Kazakhstan "On the Mass Media".

Chapter 2. STATE REGULATION AND MANAGEMENT IN THE FIELD OF RESPONSIBLE TREATMENT OF ANIMALS

Article 6. Competence of the Government of the Republic of Kazakhstan in the field of responsible treatment of animals

      The Government of the Republic of Kazakhstan in the field of responsible treatment of animals shall:

      1) develop the main directions of the state policy in the field of responsible treatment of animals;

      2) performs other functions assigned to it by the Constitution, laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 7. Competence of the authorized body in the field of responsible treatment of animals

      The authorized body in the field of responsible treatment of animals shall:

      1) implement the state policy in the field of responsible treatment of animals;

      Subparagraph 2) is suspended until 01.01.2025 in accordance with Article 30 of this Law.

      2) develop and approve the rules for keeping animals in animal shelters, zoological hotels, temporary animal detention centers, animal rehabilitation centers, zoological nurseries;

      3) develop and approve the rules for the use of animals for cultural and entertainment purposes and their keeping;

      4) develop and approve the rules for treating wild animals in captivity and (or) semi-free conditions, the return of which to their habitat is impossible;

      5) develop and approve standard rules for catching, temporary keeping and killing of animals;

      6) develop and approve the rules for the operation of animal shelters;

      7) develop and approve the accounting rules for animal shelters;

      8) develop and approve the rules for the transportation of animals;

      9) develop and approve the rules for the registration of domestic animals and the list of domestic animals subject to registration;

      10) develop and approve the list of animals prohibited for keeping in dwellings;

      11) develop and approve a list of domestic animals requiring special responsibility of the owner of an animal;

      12) develop and approve standard rules for keeping and walking domestic animals;

      13) develop and approve the rules for public control in the field of responsible treatment of animals, as well as the issuance of certificates of public inspectors to individuals in the field of responsible treatment of animals;

      14) develop and approve the rules for vaccination and sterilization of stray animals;

      15) develop and approve the list of animals used for feeding other animals kept in captivity and (or) semi-free conditions;

      16) carry out other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 8 Competence of local representative bodies of regions, cities of republican significance, the capital in the field of responsible treatment of animals

      Local representative bodies of regions, cities of republican significance, the capital in the field of responsible treatment of animals shall:

      1) approve the rules for keeping and walking of domestic animals;

      2) approve the rules for catching, temporary keeping and killing of animals;

      3) carry out other powers to ensure the rights and legitimate interests of citizens in accordance with the legislation of the Republic of Kazakhstan.

Article 9. Competence of local executive bodies in the field of responsible treatment of animals

      1. Local executive bodies of regions, cities of republican significance, the capital in the field of responsible treatment of animals shall:

      1) develop the rules for keeping and walking of domestic animals;

      2) determine the places where walking of domestic animals or staying with animals for any other purpose is prohibited, and also, if necessary, equip the places for walking of domestic animals;

      3) organize information support for the activities of animal shelters and social advertising aimed at transferring animals to new owners, searching for owners of lost animals, informing them about the need to sterilize domestic animals;

      Subparagraph 4) shall enter into force on 01.01.2023 in accordance with Article 31 of this Law.

      4) organize the registration of domestic animals;

      5) develop rules for catching, temporary keeping and killing of animals;

      6) organize regulation of the number of stray animals;

      7) keep records of animal shelters;

      8) carry out in the interests of local government other powers assigned to local executive bodies by the legislation of the Republic of Kazakhstan.

      2. Local executive bodies shall have the right to organize the construction and keeping of animal shelters, carry out co-financing of private animal shelters in the manner prescribed by the legislation of the Republic of Kazakhstan.

Chapter 3. BASIC REQUIREMENTS FOR KEEPING AND TREATING ANIMALS

Article 10. General requirements for keeping animals

      1. The general requirements for keeping animals shall include:

      1) conditions for keeping animals, which must correspond to their biological, species and individual characteristics, satisfy their natural needs;

      2) ensuring the prevention, diagnosis, treatment and elimination of animal diseases in accordance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

      2. Keeping of certain categories of animals shall be regulated by this Law and other legislation of the Republic of Kazakhstan.

      3. Keeping and breeding in dwellings of animals included in the list of animals prohibited for keeping in dwellings shall not be allowed.

      4. Catching services, animal shelters, points of temporary keeping of animals shall carry out vaccination of stray animals at the expense of budgetary funds in accordance with the legislation of the Republic of Kazakhstan, as well as other sources not prohibited by the legislation of the Republic of Kazakhstan.

      Article 11 shall enter into force on 01.01.2023 in accordance with Article 31 of this Law.

Article 11 Registration of domestic animals

      1. Domestic animals included in the list of domestic animals subject to registration, owned by individuals and legal entities on the basis of ownership and other property rights, including those located in animal shelters, temporary animal care facilities, rehabilitation centers for animals, zoological nurseries shall be subject to mandatory registration, in the event of a change in the owner of an animal, mandatory re-registration in the database provided for by the rules for registering domestic animals.

      2. Registration of domestic animals shall be carried out by state veterinary organizations established by local executive bodies of regions, cities of republican significance, the capital, individuals or non-state legal entities engaged in medical and preventive entrepreneurial activities in the field of veterinary medicine.

      3. Handling information containing personal data of animal owners shall be carried out in accordance with the legislation of the Republic of Kazakhstan on personal data and their protection.

      4. Registration of domestic animals shall be carried out on a paid basis using products (means) for registering domestic animals.

      Registration of domestic animals which owners belong to socially vulnerable segments of the population shall be carried out at the expense of budgetary funds in accordance with the rules for registering domestic animals.

      5. When registering a domestic animal, it shall be assigned an individual number of a domestic animal in the manner prescribed by the rules for registering domestic animals.

      6. State veterinary organizations established by local executive bodies of regions, cities of republican significance, the capital, individuals or non-state legal entities engaged in medical and preventive entrepreneurial activities in the field of veterinary medicine shall be obliged to submit the information on registered domestic animals quarterly, no later than the 20th day of the month following the reporting quarter to the executive bodies of regions, cities of republican significance, the capital in accordance with the rules for registering domestic animals.

      Local executive bodies of regions, cities of republican significance, the capital shall submit the information on registered domestic animals quarterly, no later than the 30th day of the month following the reporting quarter, to the authorized body in the field of responsible treatment of animals in accordance with the rules for registering domestic animals.

      7. The owners of registered domestic animals within a period of not more than ten days from the date of death of domestic animals shall be obliged to notify about this fact the state veterinary organizations established by local executive bodies of regions, cities of republican significance, the capital, or individuals or non-state legal entities engaged in medical and preventive business activities in the field of veterinary medicine.

Article 12. General requirements for the transport of animals

      1. When transporting animals, their needs for food, water, air, movement, and administration of natural needs must be satisfied, and the animals must be protected from external influences harmful to them. The amount of transport space must correspond to the biological, species and individual characteristics of the animals being transported.

      2. A vehicle used for the transport of animals must be equipped in such a way as to prevent injury or other harm to the health of animals or the death of animals during their loading, transportation and unloading, as well as their arbitrary leaving of the vehicle.

      3. Transportation of animals shall be carried out in compliance with the rules for the transportation of animals.

Article 13. General requirements for animals breeding

      1. When breeding animals, the general requirements for keeping animals provided for by this Law and other legislation of the Republic of Kazakhstan shall be taken into account.

      2. If it is impossible to create the necessary conditions for the offspring of animals, the owners of an animal and (or) responsible persons shall ensure their sterilization.

Article 14. Features of treating the animals in the provision of veterinary services

      1. The owner of an animal and (or) a responsible person shall be obliged to ensure the timely provision of veterinary assistance to an animal in accordance with the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

      2. Procedures with animals that cause acute pain shall be carried out by the persons with higher, post-secondary or technical and professional education in the specialties of veterinary medicine, who are obliged, in the absence of contraindications, to apply pain killer or anesthesia.

      3. Veterinary procedures and manipulations related to complex surgical operations, including the use of potent anesthetics, can be performed by the persons with higher education in the specialties of veterinary medicine.

Article 15. Killing and handling of animal corpses

      1. Killing of animals shall be allowed:

      1) to stop the physical suffering of animals, if they cannot be stopped in any other way;

      2) upon receipt of a non-viable newborn offspring of animals with clearly expressed signs of anomalies and deformities;

      3) when regulating the number of wild animals and the production of hunting, fishing and fisheries in the manner determined by the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife;

      4) in the event of an attack on a person by an animal (animals), animals and (or) other cases when animals pose a threat to the life or health of a person, animals, as well as public order and safety;

      5) when eliminating especially dangerous and contagious animal diseases that pose a danger to human and animal health, in accordance with the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

      2. When killing animals, the following requirements must be observed:

      1) the room where the killing is carried out must be separated from the room where other animals are kept;

      2) killing shall be carried out by methods that exclude pre-death physical suffering of animals;

      3) it is forbidden to use inhumane methods of killing animals, leading to death from suffocation, electric current, thermal effects, poisoning, including pesticides, and other painful methods.

      3. The requirements of paragraph 2 of this Article shall not be applied to the cases of killing animals when a real threat to the life or health of a person and (or) animal, as well as public order and safety, provided for in subparagraph 4) of paragraph 1 of this Article is eliminated.

      4. When killing and treating animal corpses, the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine must be observed.

Chapter 4 FEATURES IN TREATING, KEEPING AND USE OF ANIMALS OF INDIVIDUAL CATEGORIES

Article 16. Requirements for treating of wild animals

      Requirements for treating of wild animals in order to prevent cruelty to them shall be established by this Law and the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife

Article 17. Requirements for treating of farm animals

      1. Keeping, transportation of farm animals, including to the place of slaughter shall be carried out in accordance with the requirements of this Law and the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

      2. Slaughter of farm animals shall be carried out in compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of veterinary medicine.

Article 18. Requirements for treating of animals when they are used for cultural and entertainment purposes

      1. The use of animals for cultural and entertainment purposes is the use of animals in carrying out activities in the field of culture, recreation and entertainment, including zoos, circuses, sports competitions, the production of advertising, when creating works of cinematography, for the production of photo and video products, on television, in educational activities, for demonstration purposes.

      2. The use and keeping of animals for cultural and entertainment purposes shall be carried out taking into account the observance of the necessary security measures to prevent harm to life and health of a human and (or) animals.

      Paragraph 3 is suspended until 01.01.2029 in accordance with Article 30 of this Law.

      3. It shall not be allowed to use animals in stationary aquariums if their keeping does not allow for the most efficient use of animals in accordance with biological, species and individual characteristics, without causing harm to their life and health.

      4. The use of medicines and other drugs that impair the health of an animal in order to increase the effectiveness of its use for cultural, entertainment and demonstration purposes shall be prohibited.

      5. Implementation of activities involving the use of animals for cultural and entertainment purposes shall be allowed in places where they are kept, in the buildings, structures, premises specially designed for this purpose, or in separate territories.

      6. It shall not be allowed to carry out activities involving the use of animals for cultural and entertainment purposes by providing spectators or visitors with physical contact with animals, including for commercial use and providing access to them for an indefinite circle of people for photo and video filming.

      Paragraph 7 shall enter into force on 01.01.2025 in accordance with Article 31 of this Law.

      7. The activity of mobile menageries, contact zoos, mobile oceanariums, traveling animal exhibitions shall be prohibited, with the exception of exhibitions of farm animals and domestic animals.

      Paragraph 8 shall enter into force on 01.01.2025 in accordance with Article 31 of this Law.

      8. The activity of dolphinariums shall be prohibited.

      9. It shall be prohibited to create dolphinariums, mobile menageries, contact zoos, mobile oceanariums, traveling animal exhibitions, with the exception of exhibitions of farm animals and domestic animals.

Article 19. Requirements for treating of experimental (laboratory) animals

      1. The use of animals, which provides for the cruel treatment of experimental (laboratory) animals in the course of scientific researches, biological testing, educational process, for medical purposes, as well as in obtaining biomedical preparations may be carried out only in those cases when alternative objects and models cannot be used for these purposes.

      2. Conducting procedures on experimental (laboratory) animals, in which they experience acute pain shall be carried out with the use of pain killers or anesthesia to minimize pain, physical suffering.

      3. When working with experimental (laboratory) animals, the minimum number of animals should be used.

      4. It shall not be allowed to surgically deprive experimental (laboratory) animals of the ability to make sounds, use traumatic methods and techniques when removing animals from places of detention, except for cases provided for by the conclusion of a veterinarian.

      5. When treating experimental (laboratory) animals, it shall be prohibited:

      1) conducting demonstrations involving cruelty to animals for educational purposes;

      2) conducting demonstrations of well-known phenomena of reflex activity, if they involve cruelty to animals for educational purposes;

      3) the use of an animal for carrying out painful procedures more than once, with the exception of animals used in the production of biological preparations in order to control their quality, as well as in the study of immunization schemes;

      4) conducting experiments related to surgical and other painful methods of influencing experimental (laboratory) animals, with participation or in the presence of persons under the age of fourteen.

      6. Keeping and breeding of experimental (laboratory) animals used for scientific researches, biological testing, educational process, for medical purposes, as well as for obtaining biomedical preparations shall be carried out in compliance with veterinary (veterinary and sanitary) rules, veterinary standards and other regulatory legal acts of the Republic of Kazakhstan.

      7. Animals can be used by persons in experiments only if they have premises equipped in accordance with sanitary rules and other special requirements for keeping and breeding animals, as well as employees providing care for animals.

      8. Killing of an experimental (laboratory) animal shall be carried out by a person endowed with such a right by the owner of an animal and (or) a responsible person.

      9. Disposal of the corpse of an experimental (laboratory) animal can be carried out only after its death is declared

Article 20. Requirements for treating of service animals

      1. Preparation (training) of service animals shall be carried out by the relevant specialists.

      2. When preparing (training) service animals, it shall be prohibited to force animals to perform actions that systematically lead to injuries.

Article 21. Requirements for treating and keeping of domestic animals

      1. The owner of an animal or a responsible person shall be obliged to:

      1) comply with the requirements of veterinary (veterinary and sanitary) rules, veterinary and hygienic standards;

      Subparagraph 2) shall enter into force on January 1, 2023 in accordance with Article 31 of this Law.

      2) keep registration of domestic animals in accordance with the rules for registering domestic animals;

      3) carry out responsible treating of domestic animals without violating the rights, freedoms and legitimate interests of other persons

      4) take the necessary security measures to prevent domestic animals from harming the life and health of a human and (or) an animal, as well as the property of individuals and legal entities;

      5) ensure timely provision of veterinary assistance to a domestic animal and timely implementation of preventive veterinary measures, including vaccination, in accordance with the legislation of the Republic of Kazakhstan on veterinary medicine;

      6) immediately inform the subdivisions of local executive bodies carrying out activities in the field of veterinary medicine, state veterinary organizations established by local executive bodies of regions, cities of republican significance, the capital, bodies of state veterinary and sanitary control and supervision on suspicion of especially dangerous and contagious diseases of domestic animals, as well as the death of a domestic animal due to especially dangerous and contagious diseases;

      7) take measures to prevent unwanted offspring in domestic animals through sterilization;

      8) immediately inform the healthcare organization and subdivisions of local executive bodies that carry out activities in the field of veterinary medicine, state veterinary organizations established by local executive bodies of regions, cities of republican significance, the capital, state veterinary and sanitary control and supervision bodies about the cases of infliction of bodily harm to individuals or animals by his/her animal and deliver their animal to the state veterinary organization established by the local executive bodies of regions, cities of republican significance, the capital, individuals or non-state legal entities engaged in preventive treatment and entrepreneurial activities in the field of veterinary medicine, for examination and conducting necessary clinical and (or ) laboratory diagnostic studies or veterinary observations in order to identify the possible presence of especially dangerous and contagious diseases;

      9) prevent pollution of residential and non-residential premises by domestic animals, including condominium facilities, public places, as well as causing harm to the environment by domestic animals;

      10) comply with other requirements provided for by this Law and other legislation of the Republic of Kazakhstan.

      2. Cupping of ears and tails of domestic animals shall be carried out only if it is required by the breed standard. Removal of vestigial toes, if not required by the breed standard, causing inconvenience or pain to a domestic animal shall be allowed. These procedures with domestic animals must be performed using painkillers or anesthesia. Amputation of body parts of an animal shall be carried out in order to provide necessary assistance to a domestic animal.

Article 22. Requirements for walking of domestic animals

      1. Walking of domestic animals must be carried out under the condition of ensuring safety of individuals and animals, as well as protecting the property of individuals or legal entities from harm.

      2. The owner of an animal and (or) a responsible person, in order to ensure public order and safety, must comply with the rules for keeping and walking pets.

      3. Self-walking of dogs shall be prohibited.

      4. It hall be prohibited to walk pets by persons who are not able to control their behavior, including those who are in a state of alcoholic, narcotic and (or) substance abuse.

      5. Walking of pet animals requiring special responsibility of the owner of an animal without a muzzle and a leash, regardless of the place of walking shall be prohibited, except in cases if a domestic animal, requiring special responsibility of the owner of an animal is located in a fenced area belonging to the owner of an animal and (or) a responsible person on the basis of ownership or other legal grounds. About the presence of a pet, requiring special responsibility of the owner of an animal, a warning sign must be made at the entrance to this territory.

      6. Walking of pets requiring special responsibility of the owner of an animal shall be prohibited for the persons under the age of sixteen.

Chapter 5. REQUIREMENTS FOR IMPLEMENTATION OF ACTIVITIES FOR TREATING OF WATCHLESS AND STRAY ANIMALS

Article 23. Activities for treating of watchless and stray animals

      1. Activities for treating of watchless and stray animals shall be carried out in order to:

      1) prevention of occurrence of situations associated with the spread of especially dangerous and contagious animal diseases, including those common to humans and animals, the carriers of which pathogens may be animals;

      2) prevention of harm to health and (or) property of individuals, property of legal entities;

      3) prevention of harm to wildlife and their habitat;

      4) rendering assistance to animals in a life-threatening condition;

      5) return of lost animals to their owners or responsible persons;

      6) regulation of the number of stray animals by sterilization at the expense of budgetary funds and other sources not prohibited by the legislation of the Republic of Kazakhstan;

      7) vaccination of stray animals at the expense of budgetary funds and other sources not prohibited by the legislation of the Republic of Kazakhstan.

      2. Measures in the implementation of activities for treating of watchless and stray animals shall include:

      1) catching of watchless and stray animals by catching services;

      2) keeping watchless and stray animals in temporary animal shelters or in animal shelters in accordance with the general requirements for keeping animals provided for by this Law

      3) search for owners of stray animals, as well as selection of owners for stray animals.

Article 24. Capture, temporary keeping and killing of animals

      1. Catching, temporary keeping and killing of animals shall be carried out by the catching service.

      2. Catching, temporary keeping and killing of animals may be carried out by individual entrepreneurs and non-state legal entities at the expense of budgetary funds.

      3. Catching, temporary keeping and killing of animals shall be carried out in accordance with this Law and other legislation of the Republic of Kazakhstan.

Article 25. Regulation of the number of stray animals

      1. Regulation of the number of stray animals is a set of measures taken by the state, individual entrepreneurs and non-state legal entities engaged in catching, temporary keeping and killing of animals to reduce the number of stray animals through sterilization, arrangement of animals, educational activities and explanatory works with the population.

      2. Regulation of the number of stray animals by killing by any means, including the use of poisons, other chemical shall be prohibited.

Article 26. Animal shelters

      1. Animal shelters shall carry out their activities in accordance with the rules for the operation of animal shelters.

      2. Animal shelters can be public or private.

      3. Animal shelters may carry out activities for the temporary keeping (accommodation) of domestic animals in agreement with the owner of an animal or a responsible person, as well as for providing of veterinary and other services.

      4. Animal shelters shall have the right to receive compensation from the owner of an animal or a responsible person for the costs associated with keeping of an animal, as well as for the cost of veterinary services, if the animal needed them.

      5. Officials of animal shelters shall be obliged to:

      1) return an animal at the request of the owner of an animal and (or) a responsible person;

      2) ensure the possibility for individuals to visit the animal shelter during working hours, except for sanitation days, in the manner prescribed by the animal shelter;

      3) take measures to prevent the reproduction of animals in an animal shelter;

      4) carry out sterilization of stray animals in the manner determined by the authorized body in the field of responsible treating of animals;

      5) ensure the treatment of a sick or injured animal, as well as the implementation of preventive measures, including vaccination;

      6) conduct a search for owners of watchless animals and selection of owners for stray animals;

      7) keep a documentary record of animals entering and leaving the animal shelter, fixing the individual characteristics of animals, allowing them to be identified.

Chapter 6 PUBLIC CONTROL OVER COMPLIANCE WITH THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF RESPONSIBLE TREATING OF ANIMALS

Article 27. Public control over compliance with the legislation of the Republic of Kazakhstan in the field of responsible treating of animals

      1. Public control in the field of responsible treating of animals shall be carried out by public inspectors and non-profit organizations, the charter of which provides for the implementation of activities to conduct public control in the field of responsible treating of animals, in accordance with the legislation of the Republic of Kazakhstan.

      2. Public control in the field of responsible treating of animals shall be carried out on a voluntary basis and free of charge.

Article 28. Rights of public inspectors and non-profit organizations in the field of responsible treating of animals

      1. Public inspectors shall have the right to:

      1) record violations in the field of responsible treating of animals with the help of audio, photo and video equipment and send relevant materials to state bodies;

      2) assist state bodies in preventing and identifying violations of the requirements of the legislation of the Republic of Kazakhstan in the field of responsible treating of animals

      3) participate in the work to educate the population in the field of responsible treating of animals.

      2. Non-profit organizations in the field of responsible treating of animals shall have the right to:

      1) receive the information necessary for implementation of their statutory goals and objectives from state bodies;

      2) submit proposals based on the results of public control in the field of responsible treating of animals to state bodies;

      3) request and receive information on the use of budgetary funds allocated for the needs of animals.

      3. When exercising public control in the field of responsible treating of animals, public inspectors and non-profit organizations in the field of responsible treatment of animals must be provided with access to the territory and premises of temporary animal detention facilities, animal shelters and other organizations engaged in the treatment of animals.

Chapter 7. FINAL AND TRANSITIONAL PROVISIONS

Article 29. Responsibility for violation of the legislation of the Republic of Kazakhstan in the field of responsible treating of animals

      Violation of the legislation of the Republic of Kazakhstan in the field of responsible treating of animals shall entail liability established by the laws of the Republic of Kazakhstan.

Article 30. Transitional provisions

      1. To suspend until January 1, 2025 the operation of subparagraph 2) of Article 7 of this Law, establishing that during the period of suspension this subparagraph shall be valid in the following wording:

      “2) develop and approve the rules for keeping animals in animal shelters, zoological hotels, temporary animal detention centers, animal rehabilitation centers, zoological nurseries, contact zoos, mobile menageries;”

      2. To suspend until January 1, 2029 the operation of paragraph 3 of Article 18 of this Law, establishing that during the period of suspension this paragraph shall be valid in the following wording:

      1) from the date of entry into force of this Law until January 1, 2025:

      “3. It shall not be allowed to use animals in mobile menageries, mobile exhibitions of animals, with the exception of exhibitions of farm animals and domestic animals, as well as dolphinariums, mobile and stationary oceanariums and petting zoos, if their maintenance, transportation does not allow to ensure the most efficient use of animals in accordance with biological, species and individual characteristics, without causing harm to their life and health.”;

      2) from January 1, 2025 to January 1, 2029:

      “3. It shall not be allowed to use animals in dolphinariums, stationary oceanariums, if their maintenance, transportation does not allow to ensure the most efficient use of animals in accordance with biological, species and individual characteristics, without causing harm to their life and health.

      3. Mobile menageries, contact zoos, mobile oceanariums, mobile exhibitions of animals, with the exception of exhibitions of farm animals and domestic animals, created before the entry into force of this Law shall be subject to liquidation or reorganization before January 1, 2025 in the manner established by the legislation of the Republic of Kazakhstan.

      4. Dolphinariums created before the entry into force of this Law shall be subject to liquidation or reorganization before January 1, 2029 in the manner established by the legislation of the Republic of Kazakhstan.

      5. After the expiration of the specified terms, the persons specified in paragraphs 3 and 4 of this Article, who have not terminated their activities and (or) have not brought their constituent documents in line with the requirements of this Law shall be liquidated in a judicial proceeding at the request of local executive bodies of regions, cities of the republican values, the capital.

Article 31. The procedure for entry into force of this Law

      This Law shall enter into force upon expiration of sixty calendar days after the day of its first official publication, with the exception of:

      1) subparagraph 4) of paragraph 1 of Article 9, Article 11 , subparagraph 2) of paragraph 1 of Article 21 of this Law, which shall enter into force on September 1, 2023;

      2) paragraph 7 of Article 18 of this Law, which shall enter into force on January 1, 2025;

      3) paragraph 8 of Article 18 of this Law, which shall enter into force on January 1, 2029.

      President of the Republic of Kazakhstan K. TOKAYEV

If you found any error on the page, please highlight a word or a phrase and then press «Ctrl+Enter» key combination

 

On-page search

Enter text to search

Hint: Browser has internal on-page search. It works faster and is usually activated by pressing ctrl-F.