Some aspects of improving criminal legislation relating to breaches of environmental regulations during construction

Abstract

The article is devoted to the study of theoretical and practical problems of substantiating the ways to improve criminal liability for violating environmental standards of the construction legislation of Ukraine. Based on the analysis of doctrinal approaches and law enforcement practice, the paper highlights the shortcomings of the current architecture of Article 236 of the Criminal Code of Ukraine. It is stated that the domestic legislator's focus exclusively on material criminal offenses with grave consequences significantly limits the preventive potential of the norms and makes it impossible to respond timely to violations during the design and construction of facilities. A comparative legal analysis of foreign experience in combating environmental offenses is carried out, in particular on the example of criminal law models of Germany and Austria. The doctrinal discussion on the expediency of criminalizing acts that create a real and obvious threat (danger) to the ecosystem before the occurrence of actual material damage is evaluated. Particular attention is paid to international legal standards of environmental protection, the environmental impact assessment procedure, and the analysis of the domestic judicial precedent regarding the impossibility of effective termination of environmentally hazardous construction activities by courts of civil and administrative jurisdictions. The necessity of modernizing criminal law through the implementation of endangerment elements is proven. Proposals for mandatory material compensation for environmental damage by subjects of criminal offense are substantiated, which involves restoring natural objects to their previous state and compensating for losses related to technogenic load and harmful effects on flora, fauna, and human health. It is proposed to expand the procedural rights of environmental non-governmental organizations regarding access to justice and the exercise of civic control over the investigation of environmental criminal offenses at urban construction sites.