RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 29, 2022 No. 5

About application by courts of the legislation on indemnification caused to the environment when implementing economic activity

Having discussed results of the generalization of court practice on cases on indemnification caused to the environment when implementing economic activity (further - the harm done to the environment), for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of the courts considering economic cases (further - courts) that the correct and timely hearing of cases about indemnification, caused to the environment, is important means of environmental protection and ensuring constitutional right of citizens on the favorable environment. Assignment of obligation on compensation of damage suffered is directed to recovery of the broken state of environment, the prevention of violation of the law in this sphere, intended to promote rational use of natural resources, preserving biological and landscape diversity, ecological equilibrium of natural systems.

2. For violation of the law about environmental protection civil, administrative, criminal and other responsibility according to legal acts is established (Item 1 of article 104 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "About environmental protection").

At the same time involvement of person who did harm to the environment to administrative, criminal and other responsibility (for example, disciplinary responsibility) does not exempt such person from the indemnification caused to the environment (Item 2 of article 104 of the Law of the Republic of Belarus "About environmental protection").

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