The idea and plan of research

The subject project involves implementing innovative research of primary nature, whose aim is to expand the knowledge about the administrative law model of humanitarian animal protection in Poland. The primary objective of the project is to analyse the provisions of the administrative law regulating the standards of humanitarian protection of certain categories of animals. The assumption is made that the completion of the analysis will allow to determine whether it is justified in this case to refer to the solutions as systematic ones and, if so, on what foundations they are based, how consistent the system is, and to what extent it conforms to the requirements of international and the EU laws and regulations. The determinations made in this regard will contribute to the development of the science of the administrative law, and, indirectly, also of other scientific disciplines. The results of the preliminary study published in the scientific article (E. Kruk, Czasowe odebranie maltretowanego zwierzęcia w świetle ustaleń judykatury i doktryny prawa – wybrane problemy (Eng. The temporary removal of abused animals in the light of the findings of jurisprudence and the legal doctrine - selected problems) [in:] Prawne instrumenty ochrony środowiska (Eng. Legal instruments for environmental protection), eds. B. Jeżyńska, E. Kruk, Lublin 2016, pp. 47 – 84], as well as those yet not published, and primarily concerning the communal programs of care over stray animals and preventing animal homelessness, indicate not only the desirability of the research postulates presented in the proposal, but also indicate the validity of the adopted in it assumption that the currently existing administrative law model of animal protection requires fundamental amendments in many areas to allow further progress of the development of civilization and, consequently, improvement of the animal welfare as well as the quality of human life. The task set by the persons undertaking this project is to carry out a comprehensive research process involving multi-dimensional analysis of the solutions in the field of administrative law of animal protection, assessment of the analysed solutions, and formulation of generalizing conclusions and proposals of their optimization. The specific objectives of the project relate to the key - from the perspective of system analysis requirements– humanitarian aspects of the protection of animals of different designation under administrative law.

Particular goals: 1) setting the appropriate moral, customary and social norms as the source of extrasystemic referral concerning legal protection of the animals; 2) setting the genesis and the present tendencies of development in the area of legal protection of animals; 3) presenting the substantive assessment of the current legal status of animals in Poland, considering the results of the comparative legal analysis; 4) setting the structure of the source of law system in reference to animal protection law; 5) distinction of legal administrative animal protection principles; 6) setting the hierarchical (considering competences) and contentual ties which are the subject of legal norms as a part of a legal administrative animal protection; 7) setting the formal properties of the system of legal administrative animal protection (problems of consistency and completion); 8) the assessment of effectiveness of chosen legal administrative animal protection institutions; 9) setting the social circumstances of effectiveness of legal administrative animal protection; 10) setting the address of service of public administration organs in cases of humane animal protection; 11) setting the legal forms of activity of administration in cases of humane animal protection; 12) setting the legal interest and the procedural position of social organizations which statutory goal is the animal protection.