There are times when the horses move away from home and it seems that they do not belong to anyone and no one needs. There can be many reasons. The subject of this article will be the legal status of neglected horses, which for some reason were beyond the control of the owner.
Article 230 of the Civil code of the Russian Federation establishes that the person who detained neglected animals is obliged to return them to the owner and if the owner of animals or the place of his stay are unknown, no later than three days from the moment of detention to declare the found animals in police or local government which take measures to search of the owner.
At the time of investigation the owner of the animals, they may be retained by the person who has detained them, at itself on the content and use of or deposited for the maintenance and use to another person having the necessary conditions for this. At the request of a person who has detained neglected animals, the police or a local government body shall search for a person who has the necessary conditions for their maintenance and transfer the animals to him.
The person who has detained neglected animals and the person to whom they are transferred for the maintenance and use, are obliged to contain them properly and in the presence of fault are responsible for death and damage of animals within their cost.
According to article 231 of the civil code of the Russian Federation if within six months from the moment of the statement for detention of neglected Pets their owner isn’t found or won’t declare the right to them, the person at whom animals were on the maintenance and in use, gets the property right to them
In case of refusal of that person from the acquisition of the property contained he animals they go to municipal property and used in the manner determined by the local authority.
In case of appearance of the former owner of animals after their transfer to property of other person the former owner has the right in the presence of the circumstances testifying to cruel or other improper treatment of them of the new owner to demand their return on the conditions determined under the agreement with the new owner, and at failure to reach the agreement – court.
Compensation of expenses for the maintenance of neglected animals and remuneration for them is provided by article 232 of the civil code
So, in case of return of neglected Pets to the owner the person who detained animals, and the person at whom they were on the maintenance and in use, have the right to compensation by their owner of the necessary expenses connected with the maintenance of animals with offset of the benefits derived from use of them.
The person who has detained neglected Pets, has the right to remuneration. However, in accordance with Art. 229 of the civil code, the Right to remuneration does not arise if the finder of the thing is not declared a find or tried to hide it.
If the person who detained the horse or horses does not fall under the norms of civil law, the question may arise about the presence in the actions of such a person of elements of the composition of any crime under the rules of the Special part of the Criminal code of the Russian Federation.
So, before you touch a lonely horse and fix it, you should think about the legal consequences of such a step.