Problem issues regarding legal liability for environmental offenses in Ukraine

Abstract

Purpose. To identify controversial and problematic provisions of the current legislation of Ukraine in the sphere of environmental protection which form the plane of legal responsibility for violations of environmental standards and norms. Methodology. The following research methods were used: the monographic method of scientific research, synthesis and analysis, the economic-statistical method, the method of detailing and concretizing the obtained results, the method of scientific-abstract systematization of results, and the graphic method of visualizing the results of scientific research. Findings. In Ukraine, a regulatory framework has been established that regulates the system of responsibility for environmental violations. Its main forms include disciplinary, administrative, civil, and criminal responsibility. It has been found that the modern environmental legislation is characterized by certain shortcomings in the identification and prosecution of persons guilty of violating the norms of existing laws. This is confirmed by the analysis of the amount of damage and losses caused to the environment, the dimensions of which are increasing annually in Ukraine. Simultaneously with the increase in the amount of damage caused, the degree of non-identification of persons who are responsible for causing damage to natural resources and the environment is increasing. The analysis of regional differences in environmental responsibility also demonstrates significant differences between the administrative regions of Ukraine in terms of the discipline of environmental responsibility. Originality. Based on the results of the conducted research, the main problematic aspects regarding legal responsibility for violations of environmental legislation in Ukraine were identified and analyzed. A need for a fundamental change in the concept of environmental responsibility for economic entities within the framework of sustainable development strategy has been identified. A gradual change in the basic principles and approaches to responsibility for violations of environmental legislation in the direction of predominance of preventive functions of environmental protection over punitive ones was proposed. Tools for possible improvement of environmental legislation were also proposed, in particular, fiscal preferences for environmentally tolerant industries, application of trade quotas for industrial enterprises that pollute the environment, harmonization of sanctions and environmental tax rates in accordance with the legislation of European countries. Practical value. The research results and proposed measures for improving the current procedures and mechanisms of legal liability for environmental offenses can be used by specialists of legal departments and services at the level of micro-management and macro-management to solve the tasks of further improvement of the current legal framework and increase the level of social responsibility of business and officials.