Separate organizational and legal aspects of combating environmental crime in Ukraine

Abstract

The scientific article is devoted to the analysis of organizational and legal aspects of combating environmental crime in Ukraine. Arguments are presented regarding the relevance in the global, international dimension: criminalization of environmental damage at the level of the European Union and its member states; detailing the shortcomings of international legislation and revising the relevant directive on environmental crimes; establishment of functioning of the International Registry of Losses. It was emphasized that the introduction of appropriate changes to international legislation will allow creating a comprehensive system of measures to combat environmental crime, ensure the unification of national legislative systems in terms of terminology, composition of crimes, as well as sanctions applied for their commission in armed conflicts. The need to take comprehensive measures to combat ecocide at the national level, to develop a unified state policy in this area, to establish an effective system for monitoring the state of the environment and fixing the amount of damages, in particular for the systematic presentation of legal claims for the payment of reparations, is substantiated. In the opinion of the author, the National Post-War Recovery Plan should include measures to restore and preserve ecosystems, in particular, based on the analysis of normative legal acts in the field of environmental protection. It is noted that the relevant mechanisms should be universal and effectively prevent crimes against the environment in the world, be reflected in the relevant resolutions of the General Assembly of the United Nations and other documents of the international law system. The author emphasizes that the need and importance of improving legislation concerns not only countries in a state of military conflict, but also the rest of the world. Taking into account the fact that environmental damage is mainly transboundary in nature, the international community should focus on the formation of a clear understanding of the legal norms dedicated to crimes against the environment.

Keywords

• crimes against the environment
• criminal responsibility
• countermeasures
• ecocide
• compensation for damage