Criminal law characterization of air pollution

Oliynychuk, Roman

doi:10.35774/app2019.04.235

Cited by 1 publication

(1 citation statement)

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“…Violation of the legal limits of emissions into the air may be carried out in various ways, and the further qualifi cation of the respective actions will depend on how it occurred, with what consequences, and how dangerous it is [14].…”

Section: Tasks Of Study Arementioning

confidence: 99%

Strengthening the control of enterprises with industrial pollution of atmospheric air

Makarenko¹,

Устінова-Бойченко²,

Makarenko³

et al. 2022

Nauk. visn. nat. hirn. univ.

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Purpose. To analyze and assess the legal basis of the activities of enterprises that have an impact on the atmospheric air due to the result of their activities, to elaborate recommendations on improving the mechanism for monitoring and influencing the activities of such enterprises, and types of legal liability for violations of legislation in the sphere of atmospheric air protection. Methodology. The study on problematic issues of strengthening the control of the activities of enterprises with industrial air pollution was carried out by studying and analyzing the regulatory and legal framework of Ukraine, theoretical research in the relevant sectors, analysis of official statistics on air pollution Findings. The current legislation on the control of enterprises with industrial air pollution has been studied in the paper. Some problems and lack of proper control over the activity of enterprises with industrial atmospheric pollution were revealed. Originality. The main ways have been formulated of influence and improvement of control over the activity of industrial enterprises, the functioning of which is connected with atmospheric air pollution: reforming the state control bodies in the field of environmental protection; strengthening public control in the sphere of environmental protection; adjustment of legislation and strengthening of the liability of the enterprises. Practical value. The paper recommends the introduction of compulsory public participation at the stage of monitoring compliance with the law in the activities of enterprises with industrial pollution of atmospheric air, which will help to conduct a political dialogue on such an important issue. In order to give the necessary powers to public inspectors, it is proposed to amend the legislation in the sphere of atmospheric air protection and supplement it with the relevant norms, which will introduce mandatory training of public eco-inspectors. Also, the necessity to strengthen administrative responsibility at the stage of control over the activity of enterprises with industrial air pollution is argued. It will be relevant to strengthen administrative responsibility and to determine a fine in the amount of 50% of losses due to being fully compensated. Thus, amendments to Article 78 and 79 of the Code of Ukraine on administrative offenses will deter relevant actors from violations of environmental legislation.

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Section: Tasks Of Study Arementioning

confidence: 99%