Fur Farming in Ukraine: Legal Conflicts and Prospects for Reform in Light of National Legislative Adaptation to the EU Acquis
Lesia Danyliuk
Vasyl Stefanyk Carpathian National University , Ukrainehttps://orcid.org/0000-0003-3201-8881
Zoryana Yaremak
Vasyl Stefanyk Carpathian National University , Ukrainehttps://orcid.org/0000-0002-4862-0570
Abstract
The article examines the legal nature and specific features of ensuring animal welfare in the fur farming sector. It analyzes EU legislation governing fur animal husbandry, as well as the stages and legal mechanisms of adapting national legislation to the EU acquis. It is argued that the system of international legal regulation concerning the treatment of fur-bearing animals is fundamentally grounded in the principles of animal welfare and protection. The study substantiates that the key legal problem in Ukraine lies in the uncertainty of the legal status of fur-bearing animals: on the one hand, national legislation applies to them the regime of farm animals; on the other hand, it effectively fails to regulate the specific conditions of their breeding and maintenance, thereby disregarding their ethological needs as non-domesticated (wild) species. On the basis of this analysis, the article proposes revising the legal status of fur-bearing animals so as to prioritize their biological nature over considerations of economic exploitation. The research established that the transition from treating animals as objects of property rights to recognizing them as sentient beings constitutes a cornerstone of contemporary legislative norm. It is demonstrated that the inability of wild predators to fully express their natural behavior within the confined space of cages creates a legal conflict between agricultural law norms and European animal welfare standards. In light of global and European trends towards abandoning fur production, the article proposes drawing on Poland's experience of introducing a complete ban on fur farming as a branch of animal husbandry. It is argued that the optimal legal strategy for Ukraine should be based on the principle of proportionality. This entails implementing a model of balancing interests that harmonizes the ethical requirement of animal protection with the socio-economic rights of economic operators.
Keywords:
fur farming, animal welfare, sentient beings, EU acquis, sustainable developmentReferences
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Vasyl Stefanyk Carpathian National University https://orcid.org/0000-0003-3201-8881
