Legal instruments for judicial protection of plants against damage caused by the russian federation

Abstract

The article is devoted to certain legal and practical aspects of jurisdictional immunity. Everyone has the law to compensation for damages. The separation between real losses and lost profits is revealed. The specificity of crimes against the environment is that they encroach on constitutional rights regarding the safety of the environment, ensuring environmental safety, and reproduction of natural resources. Jurisdictional immunity of the state, recorded in international conventions, protects the law of the state to self-defense of its interests.
 However, this law is not indisputable, taking into account the aggressive behavior of the Russian Federation, which excludes the recognition by Ukraine of the latter's international immunity. Therefore, when the Russian Federation is the defendant in the case, the court must consider the case without taking into account jurisdictional immunity. As a result of armed aggression, the citizens of Ukraine are harmed every day, including in terms of environmental safety, therefore the norms of material and procedural law are partially outdated and need updating. Current rules of procedural law provide for the plaintiff's duty to provide the court with all available evidence.
 Each act of violation of the constitutional right to environmental safety entails damages that must be compensated. The article analyzes the updated legislation in the field of damages and compensation, which distinguishes 21 directions in the field of the environment. After determining the amount of damage, appropriate documents are accepted that can serve as evidence in the court process. However, the established form of the expert's report has not yet been approved, at the same time, the normative acts provide for the obligation of the expert to prepare his research as required by international institutions.
 The statements of scientists regarding the definition of "expertise" have been analyzed, where there is unanimity among opinions regarding the definition of characterizing features. Expertise, which is carried out with the aim of determining the amount of damage to the surrounding natural environment, must operate with special methods. The newly adopted Methods operate with updated indicators, coefficients, among the subjects military regional administrations are singled out, aimed at establishing the extent of damage to the environment as a result of military aggression.
 The issue of the importance of expert activity when applying to court, the order of interaction between the customer and the expert, is raised. An analysis of the current by-laws in the field of assessment of the amount of damages was carried out and their key features were identified.