Anisimov А.P. On Compensation for Damage Caused by Bees: Discussion Questions
DOI: https://doi.org/10.15688/lc.jvolsu.2018.1.4
Aleksey P. Anisimov, Professor, Department of Constitutional and Administrative Law, Volgograd Institute of Management – Branch of the Russian Presidential Academy of National Economy and Public Administration, Gagarina St., 8, 400131 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction. The article is devoted to the identification of the problems related to the legal regulation of beekeeping and compensation for personal injury caused by bees, since the legal problems of beekeeping have not yet become the subject of special research of legal scientists. For this purpose, the author studies the judicial practice related to harming the life and health of citizens, as well as the experience of a number of foreign countries. By using the methods of scientific cognition, first of all, the method of system analysis, it is found that it will be quite reasonable to establish in the sanitary legislation a direct ban on keeping apiaries in cities, which will reduce the intensity of “neighbor disputes” and will create additional guarantees for the realization of the right to a favorable environment. Results. First, currently the formation of judicial practice, connected with harm to owners of bees as species of domestic animals caused by pesticide use, without alerting the owners of apiaries, is in full swing in the Russian Federation, and, second, personal injury claims for compensation for damage caused by bees as sources of danger to health and property of citizens are increasingly heard in the courts of law. Conclusions. At the moment the norms scattered on a set of legal acts cannot consider all features of beekeeping as a type of activity, specifics of bees as living beings and a special type of property. The rights and responsibilities of the beekeeper as the owner of bees and the subject of agricultural production , requirements for placing and keeping apiaries, special aspects of the state control (supervision) in the field of beekeeping - all these issues must be resolved by a special federal law.
Key words: bees, harm, damage, law, pesticides, health, source of increased danger, court.
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