Publication date: 08.06.2024
Liability for environmental offenses in Ukraine
Introduction
Environmental violations in Ukraine are a serious problem affecting the environment, public health and the country's economy. Liability for such offenses is provided for by both administrative and criminal law. In this article, we will analyze the main aspects of legal regulation of liability for environmental offenses in Ukraine.
Legal framework
The main legal acts regulating liability for environmental violations include:
- Code of Ukraine on Administrative Offenses (CUAO)
- The Criminal Code of Ukraine (CCU)
- The Law of Ukraine "On Environmental Protection"
- The Law of Ukraine "On Waste"
- The Law of Ukraine "On Protection of Atmospheric Air"
- The Law of Ukraine "On the Nature Reserve Fund of Ukraine"
Types of environmental offenses
Administrative offenses:
- Violation of water protection rules.
- Violation of waste management rules.
- Violation of the rules for the use and protection of forests, land, and natural resources.
- Violation of air protection rules.
- Violation of the regime of protected areas.
Criminal offenses:
- Pollution or damage to land (Article 239 of the CCU).
- Illegal deforestation (Article 246 of the CCU).
- Violation of water protection rules (Article 242 of the CCU).
- Air pollution (Article 241 of the CCU).
- Illegal mining (Article 240 of the CCU).
Types of liability
Administrative liability:
- Fines: Imposed on individuals and legal entities for violations of environmental rules and regulations.
- Confiscation: For example, confiscation of illegally extracted natural resources.
Criminal liability:
- Imprisonment: For serious environmental crimes such as water pollution or illegal deforestation.
- Restriction of liberty: For less serious crimes related to violation of environmental regulations.
- Fines: Imposed by the court as an additional punishment.
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Control and supervisory authorities
State Environmental Inspectorate of Ukraine:
- The main body responsible for monitoring compliance with environmental legislation.
- It has the right to impose administrative penalties for environmental violations.
Ministry of Environmental Protection and Natural Resources of Ukraine:
- Develops environmental policy.
- It coordinates the activities of other bodies in the field of environmental control.
Prosecutor's Office of Ukraine:
- Supervises compliance with environmental laws.
- He initiates criminal cases on the fact of environmental crimes.
Challenges and prospects
Inconsistencies in legislation:
- There is a need to update and harmonize environmental legislation in line with European standards.
Low control efficiency:
- The need to strengthen the regulatory authorities and provide them with the necessary resources to perform their functions effectively.
Raising public awareness.
