of December 10, 2004 No. 17
About court practice in cases on crimes and other offenses against the environment
According to the Constitution of Ukraine everyone has the right to the environment, safe for life and health, and to compensation of damage caused by violation of this right (the Art. 50) and not cause damage to the nature and pay the loss caused by it (the Art. 66).
Crimes and other offenses against the environment encroach on the public relations in the field of protection of constitutional right of citizens on the safe environment, and also in the field of protection, use, saving and reconstruction of natural resources, providing ecological safety, prevention and elimination of negative impact of economic and other activity of the person on the surrounding environment, preserving genetic fund of wildlife, landscapes and other natural complexes, the unique territories, and also the natural objects connected with historical and cultural heritage.
Having discussed materials of generalization of court practice, the Plenum of the Supreme Court of Ukraine notes that courts in general provide the correct permission of cases on violation of the law about environmental protection (the surrounding environment). At the same time in case of judicial review of these cases violations of both the material, and procedural law are still allowed.
For the purpose of ensuring the correct and identical application by courts of the legislation for the specified category Plenum of the Supreme Court of Ukraine DECIDES:
1. Draw the attention of courts that timely and correct consideration of criminal cases about crimes, responsibility for which is provided by articles 236-254 of the Criminal code of Ukraine (далееУК), is important remedy of the right of citizens to the safe environment guaranteed by the Constitution, and also the public relations in the field of protection and reconstruction of the surrounding environment, rational use of natural resources, providing ecological safety of life activity of the person.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.