Problem issues regarding legal liability for environmental offenses in Ukraine
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- Category: Content №3 2023
- Last Updated on 27 June 2023
- Published on 30 November -0001
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Authors:
O.I.Baik*, orcid.org/0000-0003-4819-7722, Lviv Polytechnic National University, Lviv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
N.V.Stetsyuk, orcid.org/0000-0002-9079-5868, Lviv State University of Internal Affairs, Lviv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
S.S.Yesimov, orcid.org/0000-0002-9327-0071, Lviv State University of Internal Affairs, Lviv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
S.B.Tsebenko, orcid.org/0000-0002-9247-1867, Lviv Polytechnic National University, Lviv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
I.P.Andrusiak, orcid.org/0000-0001-6887-0510, Lviv Polytechnic National University, Lviv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
* Corresponding author e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2023, (3): 104 - 110
https://doi.org/10.33271/nvngu/2023-3/104
Abstract:
Purpose. To identify controversial and problematic provisions of the current legislation of Ukraine in the sphere of environmental protection which form the plane of legal responsibility for violations of environmental standards and norms.
Methodology. The following research methods were used: the monographic method of scientific research, synthesis and analysis, the economic-statistical method, the method of detailing and concretizing the obtained results, the method of scientific-abstract systematization of results, and the graphic method of visualizing the results of scientific research.
Findings. In Ukraine, a regulatory framework has been established that regulates the system of responsibility for environmental violations. Its main forms include disciplinary, administrative, civil, and criminal responsibility. It has been found that the modern environmental legislation is characterized by certain shortcomings in the identification and prosecution of persons guilty of violating the norms of existing laws. This is confirmed by the analysis of the amount of damage and losses caused to the environment, the dimensions of which are increasing annually in Ukraine. Simultaneously with the increase in the amount of damage caused, the degree of non-identification of persons who are responsible for causing damage to natural resources and the environment is increasing. The analysis of regional differences in environmental responsibility also demonstrates significant differences between the administrative regions of Ukraine in terms of the discipline of environmental responsibility.
Originality. Based on the results of the conducted research, the main problematic aspects regarding legal responsibility for violations of environmental legislation in Ukraine were identified and analyzed. A need for a fundamental change in the concept of environmental responsibility for economic entities within the framework of sustainable development strategy has been identified. A gradual change in the basic principles and approaches to responsibility for violations of environmental legislation in the direction of predominance of preventive functions of environmental protection over punitive ones was proposed. Tools for possible improvement of environmental legislation were also proposed, in particular, fiscal preferences for environmentally tolerant industries, application of trade quotas for industrial enterprises that pollute the environment, harmonization of sanctions and environmental tax rates in accordance with the legislation of European countries.
Practical value. The research results and proposed measures for improving the current procedures and mechanisms of legal liability for environmental offenses can be used by specialists of legal departments and services at the level of micro-management and macro-management to solve the tasks of further improvement of the current legal framework and increase the level of social responsibility of business and officials.
Keywords: environmental responsibility, natural resources, environmental protection, environmental legislation
References.
1. Rahman, M., Chowdhury, S., Mohammad Zayed, N., Ali Imran, M., Hanzhurenko, I., & Nitsenko, V. (2022). Does Globalization Trigger an Ecological Footprint? Rocznik Ochrona Środowiska, 24, 141-162. https://doi.org/10.54740/ros.2022.011.
2. Bokov, Yu., Katsuba, S., Kvasnikova, T., & Shestak, V. (2021). Liability for Violation of Environmental Legislation in the EU. European Energy and Environmental Law Review, 30, 9-19. https://doi.org/10.54648/eelr2021002.
3. Hunjet, А., Jurinić, V., & Vuković, D. (2020). Environmental impact of corporate social responsibility. Globalization and its Socio-Economic Consequences. SHS Web of Conferences, 92, 06013. https://doi.org/10.1051/shsconf/20219206013.
4. Alam, S., & Islam, K. (2021). Examining the role of environmental corporate social responsibility in building green corporate image and green competitive advantage. International Journal of Corporate Social Responsibility, 6, 8. https://doi.org/10.1186/s40991-021-00062-w.
5. Wysocki, J. (2021). Innovative green initiatives in the manufacturing SME sector in Poland. Sustainability, 13(4), 2386. https://doi.org/10.3390/su13042386.
6. Chowdhury, S., Rahman, M., Zayed, N. M., Rajibul Hasan, K. B. M., & Nitsenko, V. (2022). The impact of financial development on accelerating the environmental degradation in Bangladesh. Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, (2), 102-107. https://doi.org/10.33271/nvngu/2022-2/102.
7. Habib, А., & Bhuiyan, Md. (2017). Determinants of monetary penalties for environmental violations. Business Strategy and the Environment, 26, 754-775. https://doi.org/10.1002/bse.1947.
8. Sahara Reporters, New York (2021). Breaking: after 10 years, shell company agrees to pay Ogoni Communities N45 billion over oil spills. Retrieved from http://saharareporters.com/2021/08/11/breaking-after-10-years-shell-company-agrees-pay-ogoni-communities-n45billion-over-oil.
9. Zelazna, A., Bojar, M., & Bojar, E. (2020). Corporate social responsibility towards the environment in Lublin Region, Poland: a comparative study of 2009 and 2019. Sustainability, 12. https://doi.org/10.3390/su12114463.
10. Turner, S. (2021). Business, Human Rights and the Environment-Using Macro Legal Analysis to Develop a Legal Framework That Coherently Addresses the Root Causes of Corporate Human Rights Violations and Environmental Degradation. Sustainability, 13(22). https://doi.org/10.3390/su132212709.
11. Turner, S. (2017). The Use of ‘Macro’ Legal Analysis in the Understanding and Development of Global Environmental Governance. Transnational Environmental Law, 6, 237-257. https://doi.org/10.1017/S2047102516000236.
12. Ladychenko, V., & Golovko, L. (2017). Implementation of European Environmental Policy in Ukraine: Problems and Prospects. European Journal of Sustainable Development, 6(3), 333. https://doi.org/10.14207/ejsd.2017.v6n3p333.
13. Ladychenko, V., Yara, O., Uliutina, O., & Golovko, L. (2019). Environmental Liability in Ukraine and the EU. European Journal of Sustainable Development, 8(2), 261-267. https://doi.org/10.14207/ejsd.2019.v8n2p261.
14. Ecobusiness group (n.d.). Liability for violation of environmental legislation. Retrieved from https://ecolog-ua.com/news/vidpovidalnist-za-porushennya-ekologichnogo-zakonodavstva-pryklad-porushennya-ekologichnyh.
15. Verkhovna Rada of Ukraine. Legislation of Ukraine (n.d.). Law of Ukraine “On Environmental Protection”. Retrieved from https://zakon.rada.gov.ua/laws/show/1264-12#Text.
16. Glukhova, V. I., & Kravchenko, H. V. (2022). Ecological finance of Ukraine in conditions of sustainable development. Efficient economy, 5. Retrieved from http://www.economy.nayka.com.ua/?op=1&z=10276.
17. Sirant, M. (2020). Legal responsibility for environmental offenses. Jurnalul Juridic naţional: Teorie şi Practică, (1), 161-166. Retrieved from http://jurnaluljuridic.md/index.php/main/article/view/123.
18. Komarnytskyi, V. M. (2020). Administrative responsibility for offenses in the field of environmental impact assessment. Bulletin of the Luhansk State University of Internal Affairs named after E.O. Didorenko, 1(89), 162-172. https://doi.org/10.33766/2524-0323.89.162-172.
19. Bakhnovska, I. P., & Kovalchuk, Yu. I. (2021). Actual issues of violation of legislation on illegal logging. Journal of the Kyiv University of Law, 1, 245-251. Retrieved from https://sel.vtei.edu.ua/repository/card.php?lang=en&id=28415.
20. State Audit Service of Ukraine. Official site. Results of the State Audit Service of Ukraine for 2020–2022. Retrieved from https://dasu.gov.ua/ua/plugins/userPages/53.
21. State environmental inspectorate of Ukraine (n.d.). Results of state supervision in the field of environmental protection. State Environmental Inspection of Ukraine. Retrieved from https://www.dei.gov.ua/.
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