Publication date: 05.06.2024
Administrative Liability for Violation of Environmental Legislation
Introduction
Administrative liability for violations of environmental legislation is an important tool for environmental protection. It is aimed at preventing environmental violations and ensuring compliance with environmental norms and standards. In Ukraine, the system of administrative liability for environmental violations is regulated by the Code of Ukraine on Administrative Offenses (CUAO) and other regulations.
General Provisions
Administrative liability for violation of environmental legislation provides for the imposition of administrative penalties on individuals and legal entities for committing offenses that infringe on the environmental rights and freedoms of citizens, violate environmental norms and rules.
Main Types of Administrative Offenses in the Field of Environment
1. 1. Air pollution
According to the Code of Administrative Offenses, air pollution caused by emissions of harmful substances by enterprises, institutions or citizens is subject to fines. This includes:
- Emissions of pollutants without appropriate permits
- Exceeding the established emission standards
2. Illegal logging
Illegal logging is a serious environmental offense punishable by fines and other administrative sanctions. This includes:
- Deforestation without a special permit
- Violation of timber harvesting rules
3. Violation of water legislation
Violation of water use rules, pollution of water bodies, and illegal discharge of harmful substances into water bodies entail administrative liability:
- Penalties for water pollution
- Compensation for environmental damage
4. Violation of the Waste Management Rules
Improper storage, transportation, or disposal of waste is also subject to administrative liability:
- Penalties for violation of the rules of household and industrial waste management
- Sanctions for illegal dumping or incineration of waste
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Administrative Sanctions
1. Penalties.
Fines are the main type of administrative penalties for environmental violations. The amount of fines is determined depending on the nature and degree of the violation, as well as whether the violation was committed by an individual or a legal entity.
2. Compensation for damages
In addition to imposing fines, violators may be required to compensate for environmental damage. This includes the costs of eliminating the consequences of the violation and restoring the ecological balance.
3. Confiscation of the Instruments of Violation
In cases of serious environmental offenses, such as illegal deforestation or water pollution, sanctions may be imposed in the form of confiscation of the instruments of the offense (e.g., vehicles, equipment, etc.).
4. 4. administrative arrest
In some cases, administrative arrest may be imposed for gross violations of environmental legislation. This is a measure of last resort, applied mainly to individuals for repeated or particularly dangerous offenses.
