Problems of prosecution for crimes against environmental security in the conditions of martial state

Abstract

Purpose. To conduct a study on the problematic issues of prosecution for certain offenses (crimes) related to environmental safety, conduct a study on the criminalization of violations related to environmental safety under martial law. To develop proposals for improving the norms of current legislation in this area. Methodology. The methodological basis of the study is a system of general scientific methods and approaches that provide an objective analysis of the subject under study. Findings. Taking into account the need to properly record the damage caused and obtain an evidentiary base for both national courts and international judicial authorities, it is expedient to urgently develop “Methods for determining damage caused to the natural environment as a result of armed aggression”, which should be approved by a resolution of the Cabinet of Ministers of Ukraine. This will allow obtaining an effective bylaw as quickly as possible. Also, in our opinion, it is expedient to develop the Law of Ukraine “On Establishing Damages Caused by Armed Aggression Against Ukraine” to provide in a broader scope both the appropriate methodology for fixing damages and the circle of authorized persons who can fix such damages. Additionally, it is necessary to provide for the obligation of local self-government bodies to carry out an environmental audit in the territories where hostilities are not taking place, or immediately after their end, with the aim of the fastest fixation of environmental damages and the circle of persons who caused them. Originality. New aspects of the issue of prosecution for crimes against environmental safety in martial law conditions were analyzed on the basis of the analysis of the domestic legal framework, reports and analytical conclusions of representatives of law enforcement agencies of Ukraine, as well as international treaties ratified in Ukraine, and proposals aimed at improving the norms were substantiated current legislation. Practical value. The results of the research are important for legal advisers, practicing lawyers and advocates, teachers and scientists engaged in the research on the relevant issues.