反环境战争罪的法律责任

Khrystyna Marych, Mariana Pohorilets
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摘要

该条专门讨论在俄罗斯联邦对乌克兰进行全面军事侵略的情况下,确定对危害环境罪行执行法律责任的有效法律机制的主要构成要素。为了解决既定的目标,运用了科学观察法等研究方法,特别是形成了研究的主题和目的;分析方法-在俄罗斯联邦对乌克兰进行全面战争的情况下确定执行法律责任的具体情况;逻辑方法——用于理论概括和研究结论的表述。俄罗斯对乌克兰领土的军事侵略带来了死亡、伤残和破坏。与此同时,空袭和炮击不仅破坏了基础设施,还破坏了生态系统,导致生态灾难。对周围自然环境造成的破坏将在多年内损害乌克兰和国外人民的生命和健康。因此,国际机构、国家机构和公众的紧迫任务是建立一种实施法律责任的法律机制,旨在惩罚罪犯。但是,如果不充分赔偿对自然环境造成的损害,就不可能对武装侵略及其后果进行公平惩罚。因此,实现对危害环境罪行的法律责任的机制应包括赔偿机制,这一机制的实现将由各国在国际和国家一级的法律保障制度来保证。实现危害环境犯罪法律责任的有效法律机制的基础是发现和记录危害环境犯罪的事实,包括造成损害和损失的事实;有在环境保护、自然资源利用、环境安全保障、相关检查等方面有经验的专家参与;将诉讼提交有管辖权的国家法院和国际法院审理;补偿机制。
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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.
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