How can a veteran renovate their home for free? Court decision to remove pets from a communal apartment How to draw analogies.
Often, cat owners wonder how old their pet would be if she were a person. Is it possible to convert a cat's age into a human? The table "Age of a cat by human standards" will allow you to find out at what stage of growing up the animal is, and help you better understand it.
How to determine the age of a cat
The owners of a cat do not always know its exact age. Often the animal gets to new owners from a shelter or from the street. If you got a completely toddler or teenager, then even a non-professional can determine the approximate age. But most often, such questions arise when a fully mature animal enters the house.
An experienced breeder or veterinarian can determine the age of an adult cat with an accuracy of one year. To do this, you need to examine the teeth of the animal. In a month-old kitten, teeth are just appearing, in a six-month-old, milk ones are replaced by indigenous ones. Next, look at the erasure of the incisors of the upper and mandible, fangs. The more worn the teeth, the older the animal.
How to draw analogies
How is the correspondence between cat and human? The intellect of man and animal cannot be compared; in terms of physiological development, they also differ greatly. Therefore, when comparing ages, first of all, emotional and social characteristics are taken into account.
For example, both a feline and a human baby are a helpless creature that is completely dependent on the mother. The teenager is active, but has little experience. And the old man gradually loses interest in life, becomes passive, loses the sharpness of feelings.
According to this principle, scientists have compiled a comparative table "The age of a cat by human standards." There are several different age conversion systems. The simplest is to multiply the age of the animal by 7. It is easy to see the uselessness of this method. Is it possible to compare a one-year-old, already mature and independent cat with a seven-year-old child?
Therefore, the table "Age of a cat by human standards" has been improved. In it, a one-year-old cat is compared with a fifteen-year-old teenager, and a two-year-old animal is compared with a 24-year-old man. In the future, 4 human years are given for each cat year.
According to another system, until a cat reaches the age of five, each year is considered seven human years, up to twelve - four, and after - three. The most accurate system uses a series of complex coefficients. To better understand the development of an animal and compare it with a person, consider the stages of maturation of a cat.
Infancy
A cat develops and matures much faster than a human. The period of infancy for a kitten lasts only a few weeks, while the baby takes a big step in its development. A cat child is born absolutely helpless, deaf and blind.
Within a week after birth, the film that protects the baby's delicate ears disappears. The eyes open on the 5-10th day after birth, but vision is formed gradually, and the kitten will begin to see the world around normally only after a few weeks.
Two-week-old kittens start teething. For comparison: in human children, this stage occurs only at the age of 6-8 months. Already monthly kittens run, actively study the surrounding space. Children behave like this at 1-1.5 years. The table “Age of a cat by human standards” shows that a one-month-old kitten is developed like a six-month-old child, two cat months are equal to ten human months, and a three-month-old animal can be compared to a two-year-old baby.
Childhood
Cat cubs develop so rapidly that during this period it is most difficult to compare their age with the age of children. After the age of three months, the kitten actively communicates with his brothers and sisters, establishes contact with the owners. Recognizes own and others. He can take care of himself, clean his fur, learn certain rules of behavior, focusing on his mother. The kid eats on his own, knows where the bowls, bed, tray are. He already has an idea of what to play with and what items should not be touched.
The age of a cat by human standards (a table by months is presented in the article) indicates that in the first year of its life the animal goes through stages that a person will go through for 18 years.
Compared to humans, cats mature by several years in a short period of two to three months. If a three-month-old kitten is compared with a baby of 2-3 years old, then a six-month-old kitten already looks like a fourteen-year-old teenager. Therefore, it is important not to miss this short period and actively engage in raising a pet. Right now he learns the rules of behavior that he will use all his life.
Adolescence
Inexperienced owners may treat kittens like little three-year-olds. They forgive them pranks, aggression, puddles, damage to things and expect that with age, bad habits will disappear by themselves.
The table "Age of a cat by human standards" shows that in fact a five-six-month-old kitten is comparable to a developed teenager. Serious changes appear in the character of the animal. He becomes active, playful and sometimes really resembles a teenager in adolescence.
The fluffy kitten looks cute and his bad behavior is often forgiven. However, the young animal is experiencing the limits of what is permitted. The owner must be firm and stop rebellion.
At this age, cats begin puberty. Kittens begin to "flirt" at the age of 5-7 months, they begin their first estrus. Cats can also mate. Pregnancy may occur. However, such young animals are not yet ready for parenthood, so mating should not be allowed.
So, the age of a cat by human standards (a table up to a year is given below) will look like this.
Youth
The table "Age of a cat by human standards" shows that a one-year-old animal can be compared to an 18-year-old person. It is this age that corresponds to the psychological and physical development. The cat seems already mature and serious, but often behaves like a child, plays a lot, hides, etc.
The cat has already grown to an adult size, has lost the fluffiness of its fur, its movements no longer seem funny and clumsy, grace and rapacity appear.
The speed of maturation also depends on the breed of the cat. For example, oriental breeds form early and are fully developed already in a year. But large breeds can reach maturity only in 1.5-2 years.
Youth
How to calculate the age of a cat by human standards? The table indicates that a cat at 18 months (1.5 years) corresponds to a 20-year-old human. Youth is coming, the heyday of a cat's life. It lasts up to 5 years, which corresponds to 36-40 years in human terms.
During this period, the cat is stronger than ever, dexterous and tireless. It is the animals of this age that most often become the winners of exhibitions, they are optimally suited for breeding. At the age of 7, purebred pets are already taken out of breeding, as the risks for mother and offspring increase.
Maturity
When does a cat come by human standards? The table states that the period of maturity is 6-10 years, which corresponds to the age of 40-56 years in humans. An adult animal can also play and fool around, but most of the time it behaves solidly and sedately.
The activity and playfulness of a cat depends on its origin. There are breeds that behave like kittens until old age. But regardless of activity in adulthood, flaws in the content begin to manifest themselves, the first bells appear chronic diseases. Failures in the work of the kidneys, liver, gastrointestinal tract begin. Animals that have not been spayed suffer from hormonal imbalances.
Old age
Veterinarians consider an elderly animal at the age of 10-12 years. However, it does not mean the approach of death. Much depends on the conditions of detention and heredity. Cats living on the street usually do not even reach 10 years. But pets often step over the 16-year milestone. Many cats live to be 20 years old, which is the same as the 100th anniversary in humans.
Therefore, do not be afraid of old age, equaling the age of a cat by human standards. Photos show that even twenty-year-old pets look and feel great. Elderly cats require special care. Do not expose the animal to unnecessary stress, change the position of the bowl, bedding, tray. Keep your pet safe when he gets clumsy.
A table by years will help determine the age of a cat by human standards. Photos of fluffy handsome men will prove to you that they look charming at any age.
Long-lived cats
It has been documented that a cat can live up to 29 years. However, there are centenarians whose age was determined by the testimony of their owners. These are outbred pets that did not receive documents at birth. So, the cat Fluffy from Texas lived for 38 years, and Lucy, a resident of Foggy Albion, celebrated her 40th birthday.
It is always interesting to know how old a pet would be if it were a human. Such a comparison allows the owners to better understand the tailed friend and provide age-appropriate care.
How old is your pet? Ten? More? Then you are right here! Because after 8-10 years in the body of a cat, various age-related changes begin to occur, which you need to know about and which should be reckoned with. So that the four-legged pet lives happily ever after!
By the way, before the age limit of our pets was much lower - 12-year-old cats were considered long-livers. It was a man who raised the quality of life, and with it its duration, by one and a half to two times.
And now it is easy to meet cats who have reached the age of 16-19, or even more, age. For example, in our clinic, two cats are observed, each 21 years old, and the most significant thing that worries them is their teeth, or rather, tartar, which is removed from them from time to time.
Well, the age of cats from the Guinness Book of Records generally exceeds the 30-year mark.
So, among pets, the number of “older” pets (approximately 30%) who need optimal care is increasing.
The fact is that with the increase in the number of years lived, everything changes (and not only in cats :-)). Age changes pertain to all bodily functions. For now, we will only consider behavioral ones.
Causes of behavior change can become a number of diseases (including systemic) acquired by animals over the years of life, brain pathology, as well as SKD - a syndrome of cognitive dysfunction. First, consider medical ailments, and then move on to the most interesting.
Osteoarthritis (joint disease) can be observed in 65% of cats older than 12 years (ulnar and hip joints, less often - knee and shoulder). Pain in the joints leads to a decrease in mobility, the appearance of aggressiveness when communicating with people and other animals.
Systemic hypertension (high pressure) often causes a pet’s nighttime screams, disorientation in space, loss of consciousness, meaningless circular movements, and even convulsions.
Chronic illness kidney most strongly affects the change in behavior: polyuria (an increase in the volume of urine) entails urination in the wrong places, and with a lack of water - dehydration of brain tissue. Polydipsia ( increased thirst) causes cats to drink from unintended containers. The development of acidosis (an increase in the acidity of the body) causes weight loss and drowsiness. And severe uremia (self-poisoning of the body with nitrogenous wastes of urine) leads to uremic encephalopathy, a non-inflammatory disease of the brain. In addition, kidney disease is often accompanied by hypertension (see above).
Hyperthyroidism (increased hormones thyroid gland) leads to the same consequences as CRF. In addition, it affects the concentration of thyroxin in the brain (manifested as anxiety and aggressiveness), causes polyphagia - the cat's taste and appetite change.
Diabetes has the same consequences as CRF and hyperthyroidism. In addition, it can cause sensory or motor neuropathies (irritability, hypersensitivity to external influences (touch), muscle pain).
Urinary tract infections cause pain and discomfort in the animal bladder or kidneys. The result is “wrong” urination, anxiety, aggression, depression.
Changes in appetite, weight loss, gastrointestinal diseases , appearing due to physiological changes and pathological processes, are associated with a deterioration in smell and taste, pain in oral cavity e.g. due to periodontitis.
Hearing and vision loss Cats quickly adapt to blindness. Deafness is worse. Hearing-impaired cats start to make loud noises (perhaps at night) as they can't hear their own voice well.
brain tumors more common in older cats (11 years and older). Meningioma, lymphoma, glioma, pituitary tumors are expressed by anxiety, in a circular motion and convulsions.
Pain, especially constant, greatly exhausts the animal. chronic pain most often occurs with arthritis, as well as with inflammatory processes in other organs, for example, with periodontal disease and diseases of the digestive tract (obstruction). Cats, due to their evolutionary development, are able to cope even severe pain.
infectious diseases (viral immunodeficiency, viral leukemia, infectious peritonitis, toxoplasmosis) are the cause neurological disorders and therefore behavioral changes.
So, for behavioral disorders in older cats, there are many medical reasons. And to identify them, a number of diagnostic studies are often required. But if diseases are excluded, that is, when there is no obvious cause, then it is believed that the behavior of the animal changes under the influence of cognitive dysfunction syndrome(SKD)
Alzheimer? Cats?!
Yep, sort of. Everything is like the big ones.
In cats with cognitive dysfunction syndrome, changes occur in the brain that lead to a decrease in mental abilities. This affects the processes of thinking, memory, learning new things, using acquired skills.
Syndrome of cognitive dysfunction is a progressive disease with increasing signs of senile behavior
A third of 11-14-year-old cats have at least one of the behavioral disorders caused by CDS, and in 15-year-old cats, the number of such problems is already at least 50%.
The most striking symptom of cognitive dysfunction is disorientation. The cat, as it were, gets lost in the apartment, hides in a corner or under furniture, stumbles on jambs in an attempt to find a door, does not recognize the owners or other animals, does not answer the call.
Sleep and wakefulness are often disturbed (as a rule, a cat sleeps more during the day and much less at night).
The share of purposeful actions decreases and the frequency of aimless wanderings increases. Movements in a circle or involuntary oscillatory movements are possible - tremor, or, conversely, inactivity, weakness.
An older cat may go to the potty less often, and more often to wrong places.
The quality of communication with the owners is deteriorating, the animal asks for less affection and attention.
Where does SKD come from?
- violation of cerebral blood supply - a change circulatory system of the brain due to hypoxia caused by heart disease, hypertension, anemia, impaired blood coagulation, the formation of small hemorrhages near the blood vessels, arteriosclerosis
- tissue damage by free radicals As cells age, they process nutrients worse, the amount of energy decreases, the number of free radicals in the cells increases, which the body's antioxidant defenses do not have time to neutralize. An excess of these radicals leads to tissue damage, especially sensitive brain tissue.
SKD diagnostics
For exact definition causes of behavior change in a cat full examination. Unfortunately, both the diagnosis and treatment of behavioral problems are often complicated by the presence of various diseases. And sometimes the combination of pathologies makes the behavior disorder particularly severe.
On the other hand, behavioral symptoms that are actually caused by a serious illness are sometimes written off as cognitive dysfunction syndrome.
The task of the owner is to identify "abnormalities" in the behavior of the pet and promptly report them to the doctor. In addition to changing behavior, it is important to monitor the amount of food and water consumed, weight loss, the frequency of defecation and urination, etc.
And, of course, older animals need to regularly (1-2 times a year, with significant deviations - more often) visit the veterinary clinic for a comprehensive examination (measurement of body weight, blood pressure, determining the state of the retina, the concentration of thyroid hormones, motor activity, orthopedic and neurological examination, ultrasound diagnostics, tests and blood tests (general and biochemical), urine, etc.).
Dear owners! Timely detection of the disease and its correct treatment is the extended years of your pet's life.
Treatment of SKD
Treatment is carried out depending on the disease, this is understandable. And what to do with "feline Alzheimer's"?
Alas, if dogs with a diagnosis of CDS began to use drug treatment(L-deprenyl is a drug used for people with Parkinson's) and then only in the US and Canada, there are no approved drugs for cats (some human remedies sometimes give positive result, but everything is still at the experimental stage).
Changing your diet may help. Ideally, food for older cats should contain antioxidants (a set of vitamins C, E and beta-carotene), essential fatty acid, as well as chondroprotectors (methionine, glucosamine, chondroitin) and the amino acids L-carnitine and lysine.
Someday! ... In the meantime, we can offer our wards feasible treatment, comfort, peace, good food, and, most importantly, our love and care. Let our pets age beautifully!
SAINT PETERSBURG CITY COURT
APPEALS DETERMINATION
Judicial Collegium for Civil Cases of the St. Petersburg City Court on appeal B., C.N. against the decision of the Vasileostrovskiy District Court of St. Petersburg dated January 27, 2014 on the claim of I. against B., S.N. on the removal of cats and dogs from a communal apartment
I. appealed to the Vasileostrovskiy District Court of St. Petersburg with a lawsuit against S.N., B. in which he asks to oblige the defendants to remove all cats and dogs from the communal apartment, to remove the animals from the apartment at the expense of the defendants within the shortest period of time appointed by the court, to impose control for the execution of a court decision to the service of bailiffs, to recover from the defendants compensation for non-pecuniary damage in the amount of<…>rubles.
In support of the stated requirements, the plaintiff indicated that he is the owner of a room with a total area of 16.2 sq. m, in a three-room apartment<адрес>, defendant C.N. is the owner of two rooms with an area of 13.5 sq. m and 16.7 sq. m of the said apartment. Defendant B. is the grandmother of S.N. and lives in the said apartment together with his younger brother S.N. - S.I. The plaintiff refers to the fact that the defendants keep animals in their rooms, namely cats and dogs, in connection with which his state of health deteriorated, he developed a cough, a rash appeared on his body, as a result of contacting medical institution he was diagnosed bronchial asthma developed on the basis of the resulting allergy disease. The plaintiff approached the defendants with a proposal to remove the animals from the apartment, which was ignored by the defendants.
By the decision of the Vasileostrovskiy District Court of St. Petersburg dated January 27, 2014, I.'s claims were partially satisfied. The court decided to oblige B.S.N. remove all cats and dogs from the communal apartment located at:<адрес>. Collect jointly with B.S.N. compensation for non-pecuniary damage in the amount<…>rubles and collect from each in equal shares a state duty in the amount of<…>rubles.
In the appeal, the defendants ask for the decision of the Vasileostrovskiy District Court of St. Petersburg dated January 27, 2014 to be canceled, considering it incorrect, decided in violation of substantive law.
Having studied the materials of the case, having discussed the arguments of the appeal, having heard the explanations of the participants in the process, the panel of judges comes to the following.
The materials of the case established that, on the basis of a contract for the sale of a share in an apartment, the plaintiff is the owner of a 16/46 share in the right of common shared ownership of an apartment located at:<адрес>. In this three-room apartment with a total area of 67.16 sq. m, the plaintiff occupies a room of 16.20 sq. m. S.N. on the basis of an agreement on the transfer of a share of a communal apartment to the ownership of citizens, he is the owner of a 30/46 share in the right of common shared ownership of an apartment located at:<адрес>, and occupies two rooms in this apartment of 13.52 sq. m and 16.68 sq. m.
The plaintiff, in support of the stated claims, indicated that the defendants illegally keep animals (cats and dogs) in their rooms, which adversely affects his health.
From the case file, it appears that the plaintiff<дата>a letter was sent to the defendants - a proposal to remove the animals from the apartment, which was ignored by the defendants, the animals currently live in a communal apartment.
In part 3 of Art. 17 of the Constitution of the Russian Federation stipulates that the exercise of human and civil rights and freedoms must not violate the rights and freedoms of other persons.
By virtue of Art. 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his right, even if these violations were not connected with deprivation of possession.
According to paragraph 2 of Art. 1 of the Housing Code of the Russian Federation, citizens, at their own discretion and in their own interests (exercise their housing rights, including dispose of them. Citizens are free to establish and exercise their housing rights by virtue of an agreement and (or) other grounds provided for by housing legislation. Citizens, exercising housing rights and fulfilling the obligations arising from housing relations, must not violate the rights, freedoms and legitimate interests of other citizens. on the right of ownership of residential premises in accordance with its purpose and the limits of its use, which are established by this Code.
The owner of the residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to observe the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.
P. 1, Art. 31 of the Housing Code of the Russian Federation provides that the family members of the owner of a dwelling include his spouse living together with the owner in the dwelling owned by him, as well as the children and parents of this owner. Other relatives, disabled dependents and, in exceptional cases, other citizens may be recognized as members of the owner's family if they are moved in by the owner as members of his family.
Family members of the owner of a dwelling have the right to use this dwelling on an equal footing with its owner, unless otherwise established by an agreement between the owner and members of his family. Family members of the owner of a dwelling are obliged to use this dwelling for its intended purpose, to ensure its safety (clause 2, article 31 of the Housing Code of the Russian Federation).
Based on paragraph 3 of Art. 31 of the Housing Code of the Russian Federation, members of the family of the owner of the dwelling, who are legally capable and limited in their capacity, shall be jointly and severally liable with the owner for the obligations arising from the use of this dwelling, unless otherwise established by agreement between the owner and members of his family.
According to paragraph 2 of Art. 288 of the Civil Code of the Russian Federation, residential premises are intended for the residence of citizens. A citizen - the owner of a dwelling can use it for personal residence and residence of members of his family.
Parts 1 and 4 of Art. 17 of the Housing Code of the Russian Federation also stipulates that the dwelling is intended for the residence of citizens. The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens living in this residential premises, neighbors, fire safety requirements, sanitary and hygienic, environmental and other requirements of the law.
By virtue of Art. 8 of the Federal Law of March 30, 1999 N 52-FZ "On the sanitary and epidemiological well-being of the population" citizens have the right to a favorable living environment, the factors of which do not have a harmful effect on humans.
In accordance with clause 1 of the Decision of the Executive Committee of the Leningrad City Council of People's Deputies of the year N 229 dated 05.082 "On streamlining the keeping of dogs and cats in Leningrad", currently in force, citizens living in Leningrad and its suburbs are allowed from January 01, 1983 to have no more than one dog and one cat per family (with offspring up to three months of age) subject to the "Rules for keeping dogs and cats in cities and other settlements of the RSFSR", enacted in 1981
Keeping dogs and cats in separate apartments occupied by one family is allowed subject to compliance with sanitary and hygienic and veterinary and sanitary rules and the "Rules for keeping dogs and cats in cities and other settlements of the RSFSR", and in apartments occupied by several families, in addition , only with the consent of all residents (clause 1.2 of the Rules). It is not allowed to keep dogs and cats in common areas of residential buildings (stairwells, attics, basements, corridors, etc.) and communal apartments, as well as on balconies and loggias.
This principle is also enshrined in Art. Art. 246, 247 of the Civil Code of the Russian Federation, according to which the possession, use and disposal of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
According to the inspection report on the technical condition, it follows that next to I. in one room there are 5 cats with a persistent zoological smell, and in the other room there are 2 dogs and citizen B. and her grandson S.I. live, not registered at this address.
During the trial in the court of first instance, M. Shch. was interrogated as witnesses, who confirmed that B. lives in two rooms, animals are also kept in the rooms, strong smell animals.
K. and D., interrogated as witnesses, confirmed that as part of the commission they went to the plaintiff's apartment to examine the technical condition, there was a strong specific smell of cats in the apartment, wool was observed, complete unsanitary conditions; the apartment needs renovation.
The court of first instance justifiably accepted these testimonies as evidence, since the witnesses were warned about criminal liability, their testimonies do not contradict each other, and are confirmed by the case materials.
During the trial in the court of first instance, the representative of the defendant referred to the absence of cats and dogs in the disputed apartment, however, in violation of the provisions of Art. 56 of the Civil Procedure Code of the Russian Federation, no evidence was presented that reliably confirms the absence of cats and dogs in the disputed apartment.
Moreover, at the hearing<дата>the fact of cats and dogs living in the disputed apartment was confirmed by defendant B., who told the court that 2 cats and 2 dogs live in her room, they are always in her room, the dogs were brought in 2007, and the cats have been living since 2005, dogs live in one room and cats live in another, cats go to the toilet on a tray in the room.
Under such circumstances, the panel of judges agrees with the conclusion of the trial court that the fact of residence in the defendant S.N. rooms of a communal apartment located at:<адрес>cats and dogs without the permission of the plaintiff, who is the owner of one room in the specified apartment, is established.
The argument of the appeal that B. is an improper defendant in the present case is untenable and contradicts the materials of the case.
According to the form 9 certificate, defendant B. was registered in the property of the defendant S.N. rooms of the disputed apartment between<дата>on<дата>, deregistered due to change of residence:<адрес>.
Meanwhile, in the court of first instance, B. did not dispute the fact of living in the disputed apartment, in connection with which the court of first instance reasonably recognized this fact as established.
Submitted to the case file by act N<…>from<дата>, compiled by employees of Zhilkomservice N 2 Vasileostrovsky District LLC, and the testimony of witnesses Shch. M., K. and D. also confirms residence in an apartment at the address:<адрес>, B., who is the grandmother of defendant S.N. - the owner of two rooms in this residential area.
Based on the foregoing, based on the provisions of Art. 31 of the Housing Code of the Russian Federation, the trial court rightly concluded that defendant B. was the proper defendant in the present case.
The argument of the appeal that the plaintiff did not provide evidence confirming that the plaintiff's health is adversely affected by the living of animals in the apartment, the panel of judges cannot take into account due to the following.
According to the medical documents submitted by the plaintiff to the case file, including the referral for a consultation, an advisory opinion from<дата>, a certificate issued to the plaintiff by the City Polyclinic N<…>after examination by an allergist, certificates from St. Petersburg GBUZ "Dermatovenerological Dispensary N<…>”, it follows that the plaintiff was diagnosed with bronchial asthma, allergic, mild persistent course, uncontrolled sensitization to epidermal allergens (cat hair); complication of DN I; allergic dermatitis; hypoallergenic life is necessary, exclude pets and stay in damp and dusty rooms.
Thus, the court of first instance rightfully concluded that in this case, the keeping of animals cats and dogs by the defendants in a communal apartment violates the rights of the plaintiff, since it poses a threat to his health, in connection with which, the plaintiff's demand for the obligation of the defendants to remove the animals from the apartment is subject to satisfaction .
The panel of judges agrees with the conclusion of the court of first instance that the plaintiff's demands to remove the animals from the apartment at the expense of the defendants within the shortest period of time appointed by the court and to impose control over the execution of the judgment on the bailiff service by virtue of the provisions of Art. Art. 209, 210 of the Civil Procedure Code of the Russian Federation are not subject to satisfaction, since these requirements are related to the execution of a court decision that has entered into legal force.
According to Part 1 of Art. 150 of the Civil Code of the Russian Federation, life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, home inviolability, personal and family secrets, freedom of movement, freedom of choice of place of stay and residence, name of a citizen, authorship, others intangible benefits that belong to a citizen from birth or by virtue of law are inalienable and non-transferable in any other way.
In accordance with Art. 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or infringe on non-material benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for the specified harm .
According to the clarifications of paragraph 8 of the Decree of the Plenum of the Supreme Court of the Russian Federation of December 20, 1994 “On some issues of applying the legislation on compensation for moral damage”, the amount of compensation for moral damage depends on the nature and extent of the moral or physical suffering caused to the plaintiff, the degree of guilt of the defendant in each specific case and other noteworthy circumstances.
When determining the amount of compensation for harm, the requirements of reasonableness and fairness must be taken into account. The degree of moral or physical suffering is assessed by the court, taking into account the actual circumstances of causing moral harm, individual features the victim and other specific circumstances testifying to the severity of the suffering he endured.
Since the court of first instance found that the actions of the defendants, violating the Rules for keeping dogs and cats in cities and other settlements of the RSFSR, approved by the decision of the Executive Committee of the Leningrad City Council of People's Deputies of the year N 229 of 04/05/1982 "On streamlining the keeping of dogs and cats in Leningrad ”, the non-property rights and intangible benefits of the plaintiff were violated, namely, the plaintiff’s right to favorable and safe living in a residential building was violated, then the court of first instance reasonably concluded that the recovery of non-pecuniary damage in the amount of 30,000 rubles was jointly and severally from the defendants.
The argument of the defendants' appeal that the plaintiff failed to prove a causal relationship between his illness and the actions of the defendant is unfounded.
The panel of judges draws attention to the fact that, according to the submitted medical documents, the plaintiff was diagnosed in 2011 with bronchial asthma, allergic, mild persistent course, uncontrolled sensitization to epidermal allergens (cat hair); complication of DN I; allergic dermatitis.
The case materials established that the plaintiff addressed the defendants with a letter - a proposal to remove the animals from the apartment, due to a sharp deterioration in his health, but the defendants voluntarily did not fulfill the plaintiff's demand.
Given that the plaintiff's right to favorable living in an apartment has been violated, the plaintiff is experiencing physical and moral suffering caused by the inability to safely live in his living quarters through the fault of the defendants, the court's decision to recover compensation for moral damage is lawful and justified.
The Judicial Board believes that the conclusions of the court are based on a comprehensive, complete and objective study of the evidence available in the case, the legal assessment of which was given by the court according to the rules of Art. 67 of the Code of Civil Procedure of the Russian Federation, and complies with the substantive law governing disputed legal relations, in connection with which, the arguments of the appeal that the court did not give a correct assessment of the evidence presented are untenable.
In view of the foregoing, the decision of the court meets the requirements of the law, there are no grounds for its cancellation on the grounds of the appeal.
Based on the above, guided by art. 328 Code of Civil Procedure of the Russian Federation, Judicial Board
determined:
The decision of the Vasileostrovskiy District Court of St. Petersburg dated January 27, 2014 is upheld, the appeal of B., S.N. - without satisfaction.
