A comparison of methods for determining military environmental damage and losses

Abstract

The purpose of this study is to examine the issues that arise when determining the method for assessing environmental damage and losses caused by war crimes. Given the considerable variability in domestic legislation regarding the assessment of losses suffered by victims, a number of issues have emerged that require prompt resolution.

The following main methods of scientific inquiry were used in the course of the study: the comparative legal method (identifying differences in the methods for determining military environmental damage and losses); the formal legal method (clarifying the content of legal provisions in normative legal acts); the systemic method—for a comprehensive study of the legal regulation of the procedure for assessing environmental damage.

The research article establishes that the assessment of damage and losses caused to property and property rights as a result of armed aggression may be carried out in the following ways: 1) analytical assessment of losses; 2) standardized assessment of losses; 3) independent assessment of losses; 4) forensic examination. An independent assessment of losses is conducted in accordance with the legislation on appraisal activities, while a forensic examination is conducted in accordance with the legislation on forensic examinations.

An analysis was conducted of subordinate regulatory acts governing the methodology for determining environmental damage and losses caused by war crimes. It is argued that the current legislation on determining the harm and losses inflicted on Ukraine as a result of armed aggression does not provide clear answers to a number of problematic issues related to the powers of officials of the State Environmental Inspection, and the provisions of the government’s Procedure require further refinement. It has been found that forensic analysis, as one of the methods for determining military environmental damage, currently presents the greatest challenges compared to other methods.

The paper proposes exploring the potential for assessing military environmental damage and losses in a manner analogous to environmental impact assessments. It proposes operational and strategic approaches to the legal regulation of relations concerning the assessment of military environmental impacts.