The need for legislation on the protection of animals, as the attitude towards animals is the measure of civility of any state, noted by the President of the Republic of Kazakhstan K. K. Tokayev in the State of the Nation Address «Kazakhstan in a new reality: time for action» dated September 1, 2020.
Thus, on December 30, 2021 the President signed the Law «On responsible treatment of animals», which regulates the public relations in the field of responsible treatment of animals for their protection, safety, strengthening morality and respect for the principles of public humanity in the treatment of animals, as well as protecting the rights and legitimate interests of individuals and legal entities in the treatment of animals.
1. What are the basic principles governing the responsible treatment of animals?
The principles governing the responsible treatment of animals are:
1) treating animals as creatures capable of experiencing pain and physical suffering;
2) the personal responsibility of the owner for the life, health and welfare of the animal;
3) protection of animals from cruel treatment;
4) educating the public in a moral and humane attitude towards animals (Article 3 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
2. What actions are prohibited regarding the treatment of animals?
In the treatment of animals, the following shall be prohibited:
3. What actions do not constitute cruelty to an animal?
The following shall not constitute cruel treatment of an animal:
4. What animals are not allowed in dwellings?
The list of animals prohibited in dwellings includes the following:
- Scorpions: all species of thick-tailed scorpions, all species of scorpions of the genus «deadly hunters», all species of tree scorpions, all species of Brazilian yellow scorpions, all species of Indian red scorpions, all species of hemiscorpions.
- Spiders: all species of Atrax, all species of Missoulin, all species of funnel spiders, all species of «wandering spiders», all species of six-headed sand spiders, all species of caracourt hermit spiders.
- Snakes: all species of true cobras, all species of mambas, all species of taipans, bumslang «tree snake», all species of wine snakes chain viper, sand aphid, Gabon viper, viper, gyurza, tiger rattlesnake, etc.
- Lizards: Jadotrophs, Komodo varan.
- Crocodiles: all species of crocodiles, except crocodile caiman, obtuse crocodile, wide-faced caiman, smooth-bellied caiman.
- Predatory: bears, lion, leopard, jaguar, puma, common lynx, common wolf, common fox, with the exception of the fur-breeding form, hyenas, all types of honey badgers, wolverine.
- Primates: gibbons, hominids, slender-bodied monkeys, all macaque species except Javan macaque, all baboon species, all mangabey species, all woolly monkey species, all howler monkey species, all spider monkey species.
5. Which pets require special responsibility of the owner?
Pets requiring special responsibility of the owner are prescribed in the list approved by Order № 85 of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan dated March 24, 2022.
They include certain breeds of dogs (American Bulldog, Dalmatian, Doberman, Caucasian shepherd dog, Cane Corso, Great Dane, Newfoundland, Husky, Chow Chow, Shar Pei, mestizos of these dog breeds and large outbred dogs (height at the withers above 56 cm and weight more than 30 kg, etc.), including hybrids of a wolf and a dog, as well as hybrids of a domestic cat with wild species of the feline family (caracal, forest and steppe cats, serval, lynx, etc.) («List of pets requiring special responsibility of the owner of the animal», Appendix № 2 to the order of the Minister of ecology, geology and natural resources of the Republic of Kazakhstan on dated March 24, 2022 № 85).
6. Is it compulsory to register a pet?
Pets included in the list of pets subject to registration, owned by individuals and legal entities on the basis of ownership and other rights in rem, including those located in animal shelters, temporary animal detention facilities, rehabilitation centers for animals, zoological nurseries, are subject to mandatory registration , in the event of a change in the owner of the animal, mandatory re-registration in the database provided for by the rules for registering pets.
Registration of pets is carried out by state veterinary organizations, created by local executive bodies of regions, cities of republican significance, the capital, by individuals or non-state legal entities engaged in therapeutic and preventive entrepreneurial activity in the field of veterinary medicine (paragraphs 1,2 of Article 11 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
7. Are there any rules about keeping and walking pets?
Local representative bodies of regions, cities of republican significance, capitals in the sphere of responsible treatment of animals approve rules for keeping and walking of domestic animals (subparagraph 1) of Article 8 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
In each region and city of republican significance, the Maslikhat approves the Rules for keeping and walking dogs and cats.
For instance, «Rules for keeping and walking dogs and cats in the city of Astana», approved by the decision of the Maslikhat of the city of Astana dated December 23, 2015 No. 447/62-V, these rules govern the procedure for registering, keeping, walking dogs and cats, as well as the necessary requirements for dog and cat owners.
8. What is the procedure for registering dogs and cats in the city of Nur-Sultan?
All dogs and cats residing in the city of Astana are subject to mandatory registration in a unified database of identification of dogs and cats.
Registration is carried out in a specialized organization or in veterinary clinics.
The registration authority enters information about registered pets and their owners into a unified database for the identification of dogs and cats.
During registration of dogs and/or cats, the owner is issued a veterinary passport; if at the time of registration the animal already has a veterinary passport, the procedure for issuing a new veterinary passport is not mandatory.
During registration by the registration authority at the expense of the owner of the animal shall implant an identification microchip to the animal or apply a number in the form of a tattoo (mark) in case the animal does not yet have a mark or chip. Chipping and/or branding procedures are advisory in nature.
During registration or re-registration of dogs and/or cats, owners shall provide the following information:
1) information contained in the owner's identification document;
2) the owner's individual identification number;
3) the owner's actual residence address;
4) contact number of the owner;
5) Name, sex, date of birth, color, breed of the animal;
6) information on the pedigree number of the animal, if any.
The owner of a dog and/or cat must inform the registering authority on the disposal (sale, loss, relocation, transfer to another person) of the animal to remove it from the register or re-register in the unified animal identification database of the city of Astana.
The registration procedure and chipping procedure shall be carried out by a specialized organization and veterinary clinics that have received a veterinary registration certificate.
In case of death (euthanasia) or death of a pet, the veterinary passport must be transferred to the organization where the animal was registered earlier (Chapter 2 of «Rules for keeping and walking dogs and cats in the city of Astana», approved by the decision of the Astana city Maslikhat of December 23, 2015 № 447/62-V).
9. What are the responsibilities of a pet owner?
The owner of the animal or the responsible person must:
10. What actions of pet owners are prohibited in the territory of the city of Nur-Sultan?
On the territory of the city the following is prohibited:
1) free walking dogs, except for areas for free walking and training areas for dogs;
2) walking dogs and being with them in public places and transport to persons who are under the influence of alcohol;
3) walking dogs that have not received a mandatory rabies vaccination appropriate to the age of the dog;
4) walking dogs on fenced playgrounds and sports grounds, territories of preschool and school institutions, medical institutions, in places where prohibition signs are installed;
5) walking dogs in areas where people are allowed to bathe;
6) to bathe and wash the animal in the territory where bathing of people is allowed, in ponds, fountains and water intakes;
7) the presence and maintenance of dogs, except for guide dogs for people with visual impairments, in public catering establishments, in sales and production halls of food service stores, cultural institutions (paragraph 36 of the «Rules for keeping and walking dogs and cats in the city of Astana», approved by the decision of the Astana city Maslikhat of December 23, 2015 № 447/62-V).
11. What are the requirements for walking pets?
Walking of pets shall be carried out on condition of ensuring the safety of individuals and animals, as well as protection of property of individuals or legal entities from harm.
In order to ensure public order and safety, the owner of the animal and (or) the person in charge shall be obliged to comply with the rules of keeping and walking pets.
It is prohibited to walk dogs on their own.
It is prohibited to walk pets by people unable to control their behavior, including those in a state of alcoholic, narcotic and (or) toxicomaniacal intoxication.
Walking pets that require special responsibility of the owner of the animal without a muzzle and a leash, regardless of the place of walking, is prohibited, except in cases where the pet that requires special responsibility of the owner of the animal is located in a fenced area belonging to the owner of the animal and (or) a responsible person on the right property or other legal grounds. The presence of an animal requiring special responsibility of the owner of the animal must be indicated by a warning sign at the entrance to the area in question.
Walking pets requiring special responsibility of the owner of the animal is prohibited for people under the age of sixteen (Article 22 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
12. What requirements should pet owners observe while walking dogs and/or cats in the city of Nur-Sultan?
Owners must comply with the following requirements while walking dogs and/or cats:
13. Is the activity of dolphinariums and petting zoos allowed in the Republic of Kazakhstan?
From September 1, 2025, the activities of dolphinariums shall be prohibited.
It is prohibited to create dolphinariums, mobile menageries, contact zoos, mobile oceanariums, mobile exhibitions of animals, with the exception of exhibitions of farm animals and domestic animals (paragraphs 8, 9 of Article 18 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
Dolphinariums created before the entry into force of this Law are subject to liquidation or reorganization before January 1, 2029 in the manner prescribed by the legislation of the Republic of Kazakhstan.
Upon expiration of the above terms, persons who have not ceased their activities and (or) have not brought their constituent documents in accordance with the requirements of this Law shall be liquidated in court on application of local executive bodies of regions, cities of republican significance, the capital (paragraphs 4,5 of Article 30 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
14. What measures does the state take to deal with stray and neglected animals?
Regulation of the number of stray animals is a complex of measures taken by the state, individual entrepreneurs and non-state legal entities engaged in catching, temporary keeping and death of animals, to reduce the number of stray animals by sterilization, arrangement of animals, educational activities and explanatory work with the population.
The regulation of the number of stray animals by killing them by any means, including the use of poisons and other chemicals, is prohibited (Article 25 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
Activities in the implementation of activities for the treatment of neglected and stray animals include:
1) capture of neglected and stray animals by capture services;
2) keeping neglected 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 the selection of owners for stray animals (paragraph 2 of Article 23 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
15. What is the procedure for catching stray dogs and cats in the city of Nur-Sultan?
Capturing, transportation, temporary keeping and destruction of stray animals shall be carried out by a specialized organization.
Capturing is carried out in accordance with the Plan of trapping stray animals approved by the authorized body, as well as on the applications of citizens.
To work on the capturing of stray dogs and cats, allowed persons who have passed a medical examination, received preventive vaccinations (vaccinations) against rabies, not registered in the psychoneurological and narcological dispensaries.
Permitted means of capture include: pneumatic weapons with the use of immobilizing drugs with the appropriate certification, with dosage, nets, traps, as well as other means and devices that do not lead to the death of the animal at the time of capturing.
Stray and neglected animals in public places (streets, yards, parks, squares and other places) without an owner or an accompanying person are subject to capture, except for animals left on a leash.
Captured stray animals are taken to the temporary confinement isolator, where they are kept for two months, until the owner of the stray animal is handed over or until the stray animal is handed over to a third party.
In case of returning the animals to the owner, the person who detained the animals and the person from whom they were kept and used, shall be entitled to receive compensation from that owner for their expenses related to keeping the animals, offsetting the benefits derived from using them, in accordance with the legislation of the Republic of Kazakhstan.
Information about each captured animal is posted by a specialized organization on its website on the day of capturing a neglected animal and contains contact details of the specialized organization, information (description) about the captured animal, as well as photos of the captured animal (Chapter 2 of the «Rules for the capture and destruction of stray dogs and cats in the city of Astana», approved by the decision of the Maslikhat of the city of Astana, dated December 23, 2015 No. 448/62-V).
16. What is the procedure for keeping stray dogs and cats in the temporary detention facility in the city of Nur-Sultan?
Captured stray animals shall be placed in a temporary holding facility.
Measures to register, keep, feed, examine, extermination of dogs and cats, as well as equip the isolator with the necessary equipment shall be provided by a specialized organization.
A clinical examination and registration of admitted stray animals shall be carried out at the temporary confinement isolator.
The holding center shall be equipped with metal cages and kennels for dogs.
The cage can accommodate one (1) dog or one (1) cat.
Captured animals shall be given the necessary care and feeding, daily mechanical cleaning and disinfection of the cages.
Volunteers with a volunteer ID are provided access to the animal holding facility to assist in rehoming, finding an owner, and photographing the animal for rehoming purposes.
Healthy stray animals must be spayed and neutered under proper clinical conditions (Chapter 4 of the «Rules for the capture and destruction of stray dogs and cats in the city of Astana», approved by the decision of the Maslikhat of the city of Astana, dated December 23, 2015 No. 448/62-V).
17. In which cases the death of animals is allowed?
The death of animals is allowed:
1) to stop the physical suffering of animals, if they cannot be stopped in any other way;
2) upon receiving of a non-viable newborn offspring of animals with clearly expressed signs of anomalies and deformities;
3) in regulating the number of wild animals and the production of hunting, fishing and fisheries in the manner prescribed 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 by an animal (animals) on a person, 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) in the elimination of 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 (paragraph 1 of Article 15 of the Law of the Republic of Kazakhstan «On responsible treatment of animals» dated December 30, 2021 No. 97-VII).
18. Is there liability for violating the law on the responsible treatment of animals?
Violation of the requirements established by the legislation of the Republic of Kazakhstan in the field of responsible treatment of animals:
- catching, temporary keeping and death of animals;
- keeping animals in zoological kennels, animal shelters, zoological hotels, temporary holding facilities for animals, rehabilitation centers for animals, mobile menageries, contact zoos, except for cases provided for by the third paragraph of subparagraph 2) of part one of Article 406 of the Code of the Republic of Kazakhstan «On Administrative Infractions»;
- keeping and walking of domestic animals;
- transportation of animals, with the exception of cases provided for by paragraph five of subparagraph 2) of part one of Article 406, parts 2-1 and the fourth of Article 571 of the Code of the Republic of Kazakhstan «On Administrative Infractions», -
shall entail a penalty in the amount of ten monthly calculation indices for individuals, twenty for officials, and thirty for legal entities.
An act committed repeatedly within one year after the imposition of an administrative penalty, -
shall entail a penalty in the amount of twenty monthly calculation indices for individuals, thirty for officials, and forty for legal entities (Article 407-2 of the Code of the Republic of Kazakhstan «On Administrative Infractions» dated 5 July 2014 No. 235-V).
19. What is the liability for cruelty to animals?
Cruelty to animals, if this act does not contain signs of a criminally punishable act, –
entail a fine on individuals in amount of five, on officials in amount of ten monthly calculation indices.
An action committed repeatedly within a year after the imposition of an administrative penalty, –
entail a fine on individuals in the amount of twenty, on officials in the amount of forty monthly calculation indices (Article 407-1 of the Code of the Republic of Kazakhstan «On Administrative Infractions» dated 5 July 2014 No. 235-V).
Cruelty to an animal resulting in its mutilation –
shall be punishable by a fine in the amount of up to one hundred and twenty monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one hundred and twenty hours, or by arrest for a term of up to thirty days.
Cruel treatment of an animal resulting in its death
is punished by the penalty at a rate of up to two hundred monthly calculation indices, or corrective works at the same rate, or attraction to public works for the term up to two hundred hours, or arrest for the term up to fifty days, with deprivation of the right to hold the certain posts or to engage in the certain activities for the term up to one year or without it.
Acts committed in relation to two or more animals, by a group of people, by a group of people by prior conspiracy, repeatedly, in the presence of minors, publicly or using mass media or telecommunications networks
shall be punishable by a fine in an amount of up to one thousand monthly calculation indices, or by correctional labor in the same amount, or by community service for up to four hundred hours, or by restriction of freedom for up to one year, or by imprisonment for the same period, with or without deprivation of the right to hold certain positions or engage in certain activities for up to two years (Article 316 of the Criminal Code of the Republic of Kazakhstan of July 3, 2014, No. 226-V).