On 27 October 2016, in the Ukrainian Crisis Media Center International Charitable Organization “Environment-People-Law” is holding consultations with stakeholders entitled “Problems of legal liability for environmental offenses: causes and solutions”.
An effective model of liability for environmental offenses should perform the following functions:
– stimulate compliance with environmental legislation;
– ensure full reimbursement (compensation) of damage caused to the environment, life, health and property of individuals and legal entities as a result of violation of environmental requirements;
– prevent further violations;
– punish persons guilty of committing violations.
However, as of today, the mechanisms of legal liability for environmental violations are unable to ensure the performance of its functions for the following reasons:
– no responsibility is provided in the environmental legislation for a number of gross environmental violations;
– penalties (sanctions) for infringements of environmental law are disproportionately small in relation to the degree of public danger or damage caused by such violations;
– the legislation does not provide for institutes of administrative and criminal liability of legal persons for environmental offenses;
– the mechanism of limitation or suspension of functioning of business entities that violates environmental laws is ineffective because of lack of the procedure;
– damage to the environment is calculated on the basis of outdated and flawed methods that do not provide real compensation.
Elimination of these causes will allow to form an effective model of legal liability for environmental violations that could ensure real conservation and environmental protection.
The consultations with stakeholders are conducted with the aim to identify, record and take into consideration their positions on the identified causes of ineffectiveness of legal liability for environmental violations and ways to solve this problem.
The public consultation will be held on 27 October 2016, from 11:00 till 12:00 in the Ukrainian Crisis Media Center at Khreshchatyk St, 2, Kyiv (in the premises of the Ukrainian House).
For additional information on participation please contact us by phone + (38) 032-225-76-82 or by email office@epl.org.ua.
