The above mentioned research project presumes conducting an innovative scientific research of a basic character, which goal will be to broaden the knowledge of the administrative law model of humane animal protection. The implementation of this objective requires conducting an in-depth systemic analysis and using the interdisciplinary approach. It will also be necessary to define an effective paradigm in this matter, and adopt a quality criteria for analysed legal rules. The conducted research is targeted at acquisition of new scientific knowledge. The goal will be achieved by theorizing (deductive and inductive reasoning), verification and falsification of issues hypothesized, substantiating the assertions and creating scientific theories in the respect of administrative-law-based animal protection.
All planned basic research will involve all the dominant methodology widely used in legal research, i.e. the dogmatic method, the historical method and the comparative method, and will consist in the analysis of the currently applicable regulations and the achievements to the date of the jurisprudence and the legal doctrine of the administrative law concerning animal protection. When it comes to the mentioned above order of addressing particular issues, the assumption is that it will be determined by the logical sequence of formulated thesis and the need to ensure an appropriate explicatory value of the obtained results (including the avoidance of unnecessary repetitions), and not the formal layout of the analysed legal act or the course of action of the administrative procedure. The determinations made in this way will render the chance for formulation generalizing theorems using deductive reasoning. Ontological complexity of the administrative law and a fact that the animal protection issues would be impossible to conclude only with the law theory and legal dogmatics, in the course of research the scientific expertise of different disciplines (such as economy, sociology, psychology, philosophy, ethics, behavioral ecology) will be used adequately and to the extent which is necessary. As to the comparative law analysis, taking in consideration it’s specifics, the complexity of such studies and the need of providing the suitable degree of the research, it was considered essential to narrow the choice to a single reference model. In this respect, the provided subject of research will be the Republic of Estonia legal system, clearly solely considering the animal protection area, in particular the regulations transposing EU directives. The results of conducted comparative law analysis will serve as the reference point and the additional criteria of the domestic regulations evaluation, as well as the baseline on a drawing optimization proposals stage.
The choice of reference system was driven by i.a. a fact, that Estonia fulfills the requirements of swift and timely transposition of EU law in exemplary way (also in the field of environmental protection in a broad context), it has been confirmed in the European Commission report on respecting the EU law by the Member States. On this occasion it needs to be emphasized, that not only EU as the organization has been determining the development of Estonian pro-ecological legislature. The great role in this matter plays the support of Denmark, Norway and Sweden, who’s legal solutions has been a model of pro-ecological actions for decades- it makes the comparative research even more interesting. Not without significance, in a process of choice making, was also the fact that nature is deeply rooted in Estonian culture, and eco-innovations and „green” social initiatives such as the „Teme ära” project (worldwide known as „Let’s do it” project) became a showcase of this country.
The subject and goal of conducted scientific research oblige first of all to establish the meaning of domestic, European and international legal regulations setting up the standards of administrative animal protection. It requires using different types of interpretation and legal deductions, namely conducting a series of intellectual actions targeted on recognition and assessment of analysed subject. The results obtained will allow to formulate general rules regarding the administrative animal protection, what gives the possibility to verify the assumed hypothesis. It is worth mentioning that because of unrestrained inclination for the administrative law doctrine to create new definitions and the awareness of discrepancies and problems with interpretation, one of the main methodological presuppositions in the course of research is to follow the rule „Entia non sunt multiplicanda praeter necessitatem…”. For the need of conducted research the suitable legal material, administrative case-law, jurisdiction of administrative courts, of the Supreme Court, of the Constitutional Tribunal and of the European Court of Justice, as well as the current acquisition of legal and other sciences will all be used.
