On October 27, 2016, EPL held consulted with stakeholders entitled “Problems of legal liability for environmental offenses: causes and solutions” in the Ukrainian Crisis Media Center.
In her opening speech Olena Kravchenko, Executive Director of EPL, emphasized the problem of ineffectiveness of the institute of legal liability for violation of environmental legislation and stressed its basic causes, including first of all the failure of the criminal law to cover all environmentally hazardous acts, soft punishment for environmental offenses, lack of institutions of criminal and administrative liability of legal persons, outdated and inadequate mechanisms for calculating the damage caused to the environment, the absence of the obligation of companies to have mandatory insurance for environmental risks.
The event was attended by representatives of the government, academia and the public who discussed the issue.
“Sanctions of the Code of Ukraine on Administrative Offences do not include penalties for violations of environmental legislation, are unduly low, most of them have not changed since the adoption of the Code. The current practice of imposing injunction on business entities through courts is totally ineffective “- said Stryschak Vasily, deputy head of the State Environmental Inspectorate in Lviv region.
“The lack of real accountability for environmental violations will make impossible prevention of damage to the environment and thus the health and lives of population of Ukraine. Therefore, the creation of an effective model of legal responsibility in the field of environmental protection is very important and necessary measure for the sustainable development of Ukraine. Clean environment is the duty and responsibility of every person “- added Iryna Voytyuk, founding rector of the Academy of Judges.
Oleksiy Shumilo, PhD, associate professor at Kharkiv National University of Internal Affairs, stressed that an important solution to the ineffectiveness of liability is not the rigidity of punishment but first of all financial aspect, including the introduction of compulsory insurance of environmental risk of enterprises to ensure full and multiple compensation for damage caused to the environment.
Creation of an effective institution of legal liability for environmental violations is an important prerequisite for environmental protection and prevention of potential harm to the environment.
“Current responsibility for environmental violations in no way encourages offenders and other persons to behave according to the law – said Natalia Kuts, EPL lawyer. – Penalties must be increased, and the liability of legal persons should be established by legislation. In addition, charged fines, reimbursement funds for damages caused as a result of environmental violations should be directed at eliminating the damage caused to the environment and at other environmental measures.”
Serhiy Komarchuk, the representative of the State Environmental Inspectorate of Ukraine, concluded that violation prevention and implementation of environmental monitoring include economic, social and administrative measures to stimulate compliance with environmental legislation, including effective responsibility.
Discussion of liability for environmental violations is only the first, but no less important step in the development of a European system of environmental protection. EPL will work to outline solutions to the problem of ineffectiveness of responsibility and implement them.
For further information please contact us by phone + (38) 032-225-76-82 or by email office@epl.org.ua
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Consultations were held at the financial support of the Embassy of Sweden in Ukraine and institutional support of the Open Society Initiative for Europe within the project on developing analytical capacity of EPL.