SPECIFICATION OF CIVIL LIABILITY FOR ENVIRONMENTAL OFFENSES

Abstract

In this article, we have carried out a theoretical analysis of Ukrainian legislative documents that regulate civil liability for environmental offenses. Our focus has been on a set of existing sanctions for violations of environmental legislation. We have noticed that existing instruments address liability for environmental offenses and have a fairly wide range of measures. These measures are aimed at ensuring, protecting, and restoring the environment and protecting people from adverse actions by others that affect environmental quality and public health. The legislative texts that we have analyses contain a way of repairing all the damage done, for example, in monetary terms for moral damage. On the positive side, the legislation emphasizes that disciplinary, administrative, or criminal sanctions do not exempt those responsible for compensation caused by pollution of the environment and degradation of natural resources. This means that perpetrators are liable to civil liability, regardless of whether they are held criminally or administratively liable for violations of environmental legislation in the cases established by law. The grounds for compensation for moral harm may be via olation of a person’s property or personal non-property rights, as well as obligations in cases provided for by a treaty or by law, or termination of a contract; adoption of unlawful decisions by local self[1]government bodies, their officials and officials; causing injury, another injury to health or personal death, etc. However, there was a need to resolve the existing contradictions between administrative offenses and crimes and to establish clear criteria for the application of civil liability. In our view, a more specific distinction should be made between administrative offenses and crimes, since there are no clear criteria for distinguishing between offenses and administrative offenses. It was important to bear in mind that environmental offenses and crimes had a negative impact on the majority of people.