{"title":"反环境战争罪的法律责任","authors":"Khrystyna Marych, Mariana Pohorilets","doi":"10.23939/law2023.37.279","DOIUrl":null,"url":null,"abstract":"The article is devoted to defining the main constituent elements of an effective legal mechanism for the implementation of legal responsibility for crimes against the environment in the context of the full-scale military aggression of the Russian Federation against Ukraine. To solve the set goal, such research methods as the method of scientific observation were used, in particular, to form the topic and purpose of the research; the method of analysis - when determining the specifics of the implementation of legal responsibility in the conditions of the ongoing full-scale war of the Russian Federation against Ukraine; logical method - for theoretical generalization and formulation of research conclusions. Russian military aggression on the territory of Ukraine brings death, maiming, and destruction. At the same time, airstrikes and artillery shelling destroy not only the infrastructure but also the ecosystem, leading to an ecological disaster. The damage caused to the surrounding natural environment will hurt the lives and health of people, both in Ukraine and abroad, over the years. Therefore, the urgent task of international institutions, state bodies, and the public is the development of a legal mechanism for the implementation of legal responsibility, designed to punish the guilty. However, fair punishment for armed aggression and its consequences is impossible without full compensation for the damage caused to the natural environment. Accordingly, the mechanism for realizing legal responsibility for crimes against the environment should include a compensation mechanism, the reality of which will be ensured by a system of legal guarantees at the international and national levels of individual states. The basis of an effective legal mechanism for the realization of legal responsibility for crimes against the environment is the detection and recording of facts of offenses against the environment, including facts of causing damage and losses; involvement of specialists who have experience in the field of environmental protection, use of natural resources, ensuring environmental safety, conducting relevant examinations, etc.; submission of lawsuits to national and international courts that are competent to consider them; compensation mechanism.","PeriodicalId":421282,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"47 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal responsibility for war crimes against the environment\",\"authors\":\"Khrystyna Marych, Mariana Pohorilets\",\"doi\":\"10.23939/law2023.37.279\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article is devoted to defining the main constituent elements of an effective legal mechanism for the implementation of legal responsibility for crimes against the environment in the context of the full-scale military aggression of the Russian Federation against Ukraine. To solve the set goal, such research methods as the method of scientific observation were used, in particular, to form the topic and purpose of the research; the method of analysis - when determining the specifics of the implementation of legal responsibility in the conditions of the ongoing full-scale war of the Russian Federation against Ukraine; logical method - for theoretical generalization and formulation of research conclusions. Russian military aggression on the territory of Ukraine brings death, maiming, and destruction. At the same time, airstrikes and artillery shelling destroy not only the infrastructure but also the ecosystem, leading to an ecological disaster. The damage caused to the surrounding natural environment will hurt the lives and health of people, both in Ukraine and abroad, over the years. Therefore, the urgent task of international institutions, state bodies, and the public is the development of a legal mechanism for the implementation of legal responsibility, designed to punish the guilty. However, fair punishment for armed aggression and its consequences is impossible without full compensation for the damage caused to the natural environment. Accordingly, the mechanism for realizing legal responsibility for crimes against the environment should include a compensation mechanism, the reality of which will be ensured by a system of legal guarantees at the international and national levels of individual states. The basis of an effective legal mechanism for the realization of legal responsibility for crimes against the environment is the detection and recording of facts of offenses against the environment, including facts of causing damage and losses; involvement of specialists who have experience in the field of environmental protection, use of natural resources, ensuring environmental safety, conducting relevant examinations, etc.; submission of lawsuits to national and international courts that are competent to consider them; compensation mechanism.\",\"PeriodicalId\":421282,\"journal\":{\"name\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"volume\":\"47 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-03-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.23939/law2023.37.279\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.23939/law2023.37.279","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Legal responsibility for war crimes against the environment
The article is devoted to defining the main constituent elements of an effective legal mechanism for the implementation of legal responsibility for crimes against the environment in the context of the full-scale military aggression of the Russian Federation against Ukraine. To solve the set goal, such research methods as the method of scientific observation were used, in particular, to form the topic and purpose of the research; the method of analysis - when determining the specifics of the implementation of legal responsibility in the conditions of the ongoing full-scale war of the Russian Federation against Ukraine; logical method - for theoretical generalization and formulation of research conclusions. Russian military aggression on the territory of Ukraine brings death, maiming, and destruction. At the same time, airstrikes and artillery shelling destroy not only the infrastructure but also the ecosystem, leading to an ecological disaster. The damage caused to the surrounding natural environment will hurt the lives and health of people, both in Ukraine and abroad, over the years. Therefore, the urgent task of international institutions, state bodies, and the public is the development of a legal mechanism for the implementation of legal responsibility, designed to punish the guilty. However, fair punishment for armed aggression and its consequences is impossible without full compensation for the damage caused to the natural environment. Accordingly, the mechanism for realizing legal responsibility for crimes against the environment should include a compensation mechanism, the reality of which will be ensured by a system of legal guarantees at the international and national levels of individual states. The basis of an effective legal mechanism for the realization of legal responsibility for crimes against the environment is the detection and recording of facts of offenses against the environment, including facts of causing damage and losses; involvement of specialists who have experience in the field of environmental protection, use of natural resources, ensuring environmental safety, conducting relevant examinations, etc.; submission of lawsuits to national and international courts that are competent to consider them; compensation mechanism.