Peculiarities of applying disciplinary responsibility for environmental illegal actions

Abstract

Legal responsibility in the system of environmental protection is an important element and the main tool of legal influence on environmental protection.
 The article defines and analyzes the normative and legal framework of Ukraine regarding the application of disciplinary liability to employees who, as a result of violation of labor discipline, cause damage to the surrounding natural environment.
 It has been established that the labor duties of employees in the field of natural resource use are determined by minor personnel regulations, and the legislator sees the provision of labor discipline in the motivation of employees and the application of disciplinary influence to dishonest employees.
 At the level of the law, only two types of disciplinary sanctions are applied to dishonest employees - reprimand or dismissal. At the same time, the law does not contain specific explanations regarding their application.
 The mechanism for applying disciplinary sanctions has been determined, which includes:
 
 Receiving an explanation from the violator of labor discipline.
 Determination of the type of disciplinary sanction.
 Appointment of disciplinary sanctions.
 
 It was established that the procedure defined by the law does not require recording the fact of violation of labor discipline and gathering evidence of the violator's guilt. At the same time, information on recording the fact of a violation of labor discipline, as well as evidence of the violator's guilt, are important in the event that the violator appeals to the court to challenge the fine.
 The analysis of the studied laws proved that the definition of the main concepts related to labor discipline, its violation and disciplinary punishment (in particular: "technological discipline", "disciplinary offense", etc.) in the Code of Labor Laws are absent.
 It was determined that the legislation of Ukraine in the field of disciplinary punishment needs to be improved and strengthened in relation to employees who, through their work, have an impact on the environment.