How to Protect Pets from Sale for Owner Debts in Russia

An expert warned that in Russia, domestic animals can be sold for their owners« debts. Here»s what you need to know about such cases.

Lawyer Lyudmila Aleksandrova explained to Gorodskiye Media that animals, according to Article 137 of the Civil Code of the Russian Federation, are subject to general property rules.

«This means that pets can be objects of property rights and other real rights, can be transferred to other persons based on civil-law transactions, and can be pledged,» emphasized Aleksandrova.

However, pets do have a number of features that distinguish them from ordinary objects of civil rights — things. These features are reflected in special laws, such as «On Responsible Treatment of Animals» or «On the Animal World».

«Considering that the peculiarity of the legal regime is mainly expressed in the prohibition of cruel treatment of animals, property rights and other rights to an animal are significantly restricted.

So, for example, since domestic animals are considered movable property, they are subject to division between spouses just like other movable property — a motorcycle or car. A beloved cat or dog can be included as property in a marriage contract or property division agreement,« emphasized Aleksandrova.

Seizing animals for the owner«s debts has been legally possible since 2021. However, there is an important nuance. This is done only if the owners use pets as a tool for making profit. This is stated in Article 446 of the Civil Procedure Code.

«That is, if you have Murzik, Barsik, Tuzik, or Bobik — they won»t be taken. But if you are engaged in breeding pets with subsequent sale of kittens and puppies — that is already entrepreneurial activity.

Thus, professional breeders are at risk. If they have large debts, and their social media pages are filled with photos and ads for selling puppies and kittens, then the animals may be considered valuable and included in the inventory of the debtor«s property. Simply owning a purebred animal does not automatically mean that you are necessarily making a profit — this must be proven by the bailiff. And the action of a bailiff who is wrong can be challenged in court,» explained the lawyer.

Legally, if property (a cat or dog) is included in the inventory, the bailiff can impose an arrest on this property without the right of alienation. That is, it will be impossible to sell, give away, or take the pets out of the country. However, they will remain with the owner — on responsible storage. This can be done to give the debtor an incentive to quickly settle with the creditor. Nevertheless, in reality, it is difficult to proceed to the sale of the animal.

«Selling pets at auction is difficult in practical implementation. Each animal has its own attachments, character, health condition, and preferences. And for the claimant, the procedure related to appraisal, maintenance, and sale of the animal may simply be unprofitable,» believes the expert.