The State Duma has improved the rules for compensation for seized animals with dangerous diseases

The State Duma adopted in the second and third readings a law that excludes the possibility of different interpretations of the norms relating to compensation to owners of seized and destroyed animals and products in the event of the spread of especially dangerous animal diseases.

The document is aimed at eliminating the legal uncertainty identified by the Constitutional Court of the Russian Federation (CC) in terms of determining and compensating for damage caused to the owner of animals and products of animal origin that were confiscated from him and destroyed during the elimination of foci of especially dangerous animal diseases. The CC drew attention to conflicting jurisprudence.

So, in some cases, the courts proceeded from the fact that the current legislation does not make the payment of compensation for seized animals and products dependent on their owner's compliance with the requirements of veterinary norms and rules, in others they allow the need to take into account the facts of violation of such requirements. In this regard, the Constitutional Court recommended at the legislative level to eliminate the legal uncertainty identified by it.

The law provides for the owner's right to compensation for damage in such cases in an amount equal to the value of seized and destroyed animals and products of animal origin, determined on the day preceding the day the decision was made to establish restrictive measures (quarantine). This compensation is paid at the expense of the budget of the corresponding subject of the Russian Federation. But if the owner or owner of animals violates the requirements of the legislation in the field of veterinary medicine at facilities where animals are grown and kept, where they produce, store, process and sell products of animal origin, which will lead to the emergence or spread of foci of especially dangerous animal diseases at these facilities, then the amount of compensation may be reduced or the damages will be denied.

The list of cases in which the amount of compensation for damage may be reduced or the compensation may be denied, as well as the procedure for reducing its amount, will be established by the Government of the Russian Federation. Thus, farmers who fully comply with the rules for keeping animals and preventing their diseases will be able to count on 100% compensation, Ivan Lebedev, Deputy Head of the Ministry of Agriculture of Russia, explained earlier. The law is expected to come into force on March 1, 2023.