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Criminal-environmental policy of Ukraine: compensation for damage caused by crimes against the environment

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Category: Contens №3 2020

Last Updated on 13 September 2020

Published on 02 July 2020

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Authors:

G. I. Baliuk, Corr. Member of the NAS of Ukraine, Dr. Sc. (Jurid.), Prof., Professor at the Department of Environmental Law, orcid.org/0000-0001-5855-0142, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O. P. Kuchynska, Dr. Sc. (Jurid.), Prof., Professor at the Department of Justice, orcid.org/0000-0003-3464-4798, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

T. G. Kovalchuk, Cand. Sc. (Jurid.), Assoc. Prof., Head of the Department of Environmental Law, orcid.org/0000-0003-0157-2767, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Y. L. Vlasenko, Cand. Sc. (Jurid.), Assoc. Prof., Senior Lecturer at the Department of Environmental Law, orcid.org/0000-0002-7494-2960, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Y. V. Tsyganyuk, Cand. Sc. (Jurid.), Senior Lecturer at the Department of Law and Law-Enforcement Practice, orcid.org/0000-0002-8495-3583, Khmelnytsky Institute of Interregional Academy of Personnel Management, Khmelnytsky, Ukraine

Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2020, (3): 157-163

https://doi.org/10.33271/nvngu/2020-3/157

повний текст / full article

Abstract:

Purpose. To analyze issues of criminal ecological policy of Ukraine, which is one of the ways for human rights protection for individuals who have been harmed as a consequence of committing crimes against the environment; to define the current status of the problem in Ukraine, foreign experience and provide scientifically grounded propositions for current legislation improvement.

Methodology. General and special methods were applied during the investigation: method of formal logical analysis, comparative method, structural approach, sociological, statistical and method of comparative law.

Findings. According to the research, it was established that human rights protection for individuals who have been harmed as a consequence of crimes against environmental safety, requires changes in the legal regulation and in practice of law enforcement in three directions. First, there is a possibility for an individual to be affected only by the infliction of moral damage in environmental crimes. Second, the use of the regulation in The Criminal Procedural Code of Ukraine, according to which the victim cannot be a person who has been inflicted non-pecuniary damage as a legal representative or a certain part of society, has to be treated as erroneous. Third, replacing the notion and concept of “close relatives” and “family members” with “successors” will help to optimize the objectives of criminal proceedings.

Originality. As a result, there have been developed directions of changes in legal regulation and in practice of application of legislation that standardizes human rights protection for individuals who have been damaged in crimes against environmental safety. Also, the criminal procedural legislation’s ineffectiveness is established and possible ways of optimizing its provisions are suggested.

Practical value. The practical significance of the results is that they can be used in pre-trial investigations and criminal proceedings on environmental security offenses, by subjects of legislative initiative, scientists, and higher education applicants.

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