Legal responsibility for violation of the legal regime of sanitary protection zones in Ukraine

Abstract

This article examines the specifics of legal liability for violations of the legal regime of sanitary protection zones in Ukraine, as well as the main directions for improving the relevant legal regulation. Sanitary protective zones perform an important security function in separating potentially harmful objects from places of residence and stay of people. In this regard, a special legal regime is established on their territories, which provides for significant restrictions on their economic use. Non-compliance with the established requirements regarding the legal regime of sanitary protection zones is the basis for bringing guilty persons to legal responsibility. Currently, there are no special provisions in the current legislation of Ukraine regarding liability for violations of the legal regime of sanitary protection zones. In this regard, legal responsibility for illegal actions in this area is covered by sanctions for committing violations in the field of environmental protection of a “general nature” (violation of sanitary standards; arbitrary occupation of a plot of land; violation of environmental safety rules; design or operation of structures without protection systems environment; violation of land use rules, etc.). Therefore, there is a need to formalize the composition of offenses that are already provided for in the normative legal acts on the regulation of the legal regime of lands of sanitary protection zones, the codification of legislation on administrative responsibility for violations in the field of environmental protection, the introduction of special sanctions for violations of the legal regime of sanitary protection zones zones, as well as the unification of relevant provisions of Ukrainian legislation with the law of the countries of the European Union.