Analyzing court jurisprudence on cases of compensation for environmental damage, it is worth paying attention to several main aspects. This publication analyzes the following of them: who can act as a plaintiff and a defendant, which court to apply to, deadlines for applying to court, court fees, compensation for damage and the possibility of applying…
This material contains an analysis of the 2009 UNEP report on protecting the environment during armed conflict, which is available at the following link:https://bit.ly/3GOWvXt. This report provides an inventory and analysis of legal provisions contained in four major bodies of international law that can be used to strengthen the legal protection of the environment in…
Analysis of the Resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Procedure for Conducting Public Hearings Regarding Consideration of Public Interests During Development of City Planning Documentation at the Local Level” On October 21, 2022, the Cabinet of Ministers of Ukraine approved a new version of the Procedure for holding public…
The introduction of martial law in Ukraine in connection with the armed aggression of the russian federation caused a number of restrictions on certain human and citizens’ constitutional rights and freedoms. But how justified are the restrictions that the Ministry of Environment and Natural Resources of Ukraine has introduced in the environmental impact assessment procedure,…
The world ocean is one of the most valuable natural resources of our planet. The seas cover about 70% of the world’s surface, providing people with raw materials, energy, food, jobs, a place to live, a place to relax, and means of transportation for more than 80% of world trade. Shipping industry is a key…
Military actions caused by Russian aggression on the territory of Ukraine once again prove the impotance of studies related to ecocide. The ambiguous composition of the criminal offense provided for in Article 441 of the Criminal Code of Ukraine entitled “Ecocide” necessitates the study of international experience and current positions of scientists. For example, according…
The purpose of the current Note is to demonstrate major signposts and legislative basis for post-war reconstruction of Ukrainian economy taking into account the environmental aspect: implementation of horizontal and sectoral reforms based on the principles of balanced use of natural resources and effective management aimed at preserving the environment.
The issue of regulating land relations in the war and postwar periods is quite problematic in Ukraine. It is important to create such a legal framework that would meet the conditions and needs of martial law, would not contravene the current acts governing land issues and contribute to the preservation of the main wealth of…
The most effective mechanism for the biodiversity protection on the Earth is the preservation of species and ecosystems in the places of their natural dispersal. Creation of protected areas is a globally acknowledged tool for the protection of biodiversity. Whereas in Ukraine, the nature protected fund (NPF) is still only a partially effective tool for…
Essential damage to the environment resulting from rf’s atrocities in Ukraine call for the development of a methodology to estimate the compensation for the expenditures related to the environmental remediation and restoration. This kind of methodology must enable the estimation of the amount which would objectively cover the compensation costs for the environment regeneration in…
The draft principles of International Law Commission (ILC) refer to “satisfaction”, which consists in “an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality” as the third form of damage compensation – reparations. Satisfaction is intended as a form of compensation for damage caused by a violation that cannot…
Overview of activities of the UN Compensation Commission The rf’s unlawful invasion of Ukraine is nothing new in the history of relationships between states. Multiple aggressive acts of this kind took place in the previous century and the established international bodies, whose primary goal is to ensure international security and peace on the planet, took…
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