Infopaket

Problems of Environmental Liability

ВБ.01.09.07

Обов’язкова дисципліна для ОП

Second

2023/2024

3 Semester

3

Students’ achievement of such competencies, skills and abilities as: to know the main legal categories in the field of environmental liability and problems of their implementation, as well as forms and methods of solving basic theoretical and practical problems of the legal regulation in the field of environmental liability; to know legal principles of the organizational and functional support of environmental liability in the natural resources, conservation and environmental safety spheres; to be able to identify shortcomings in the implementation of legal relations in the field of environmental liability and develop options to overcome the problems; to be able to identify and assess the main factors and areas of overcoming legal problems of environmental liability.

To know the main aspects of the formation and development of the institute of environmental liability in environmental law of Ukraine and its subject, the features of substantive and procedural regulation of the relevant legal relations; to be able to assess and determine the role and objectives of the institute of environmental liability in ensuring environmental rule of law; to know the basic principles of legal regulation of certain forms and types of environmental liability; to have skills in preparation of legal acts projects of individual action taking into account the peculiarities of a practical situation, to apply legal methods while resolving the disputes arising in the field of the use of natural resources, environmental protection and environmental safety.

The discipline is aimed at deepening theoretical knowledge, practical skills and abilities to independently solve problems arising in the field of environmental liability as an instrument of the state environmental policy. Considerable attention is paid to the formation of students' appropriate level of knowledge and practical skills in the field of positive environmental liability and legal liability for environmental offenses (negative, retrospective). Students are provided with the in-depth study of the grounds for the emergence, change and termination of environmental liability, its objective and subjective features, content, institutional and functional support, features of bringing offenders to different types of environmental liability, methods and techniques for calculating environmental damage and its compensation.

1. Baliuk G.I. Conceptual and legal "reforms" in the field of ecology in Ukraine and current challenges. Environmental law of Ukraine. 2016. № 1 2. Pp. 80-87. 2. Environmental law: textbook. / А.P. Hetman, G.V. Anisimova, A.K. Sokolova, et al.; ed. by A.P. Hetman. Kharkiv: Pravo, 2019. 552 p. 3. Krasnova M.V., Krasnova Yu.A. Environmental law of Ukraine. General part: textbook. K.: VPC "Kyiv University", 2021. 190 p. 4. Krasnova M.V., Krasnova Yu.A. Environmental law of Ukraine. General part: textbook. K.: VPC "Kyiv University", 2021. 190 p. 5. Yusupov V.A., Chenshova N.V. International experience of judicial protection of environmental rights of citizens: the current state. Journal of Kyiv University of Law. 2021/2. Pp. 246-249.

Lectures are based on the use of dialectical, comparative and legal as well as other methods, a modeling method, scientific and regulatory, practical sources of environmental liability. A scientifically grounded concept of environmental liability, prospects for its development are offered to students. At the seminars, while solving problems students justify their legal positions at different stages of law enforcement, acquire practical skills in implementing environmental and procedural functions of law enforcement agencies, integrate legal knowledge to solve law enforcement problems in various areas of professional activity. While working in the team, determine the grounds for legal liability for environmental offenses, resolve disputes in the form of court and other procedures, prepare drafts of legally significant documents.

Semester forms of the assessment include: reports and research papers – from 6 to 8 points; express questioning – from 2 to 4 points; a colloquium – from 2 to 4 points; problem solving – from 3 to 5 points; an individual work – from 3 to 4 points; testing (from the set of statements to choose the right ones) – from 4 to 8 points; a modal test – from 4 to 8 points for each (total – from 8 to 16 points). The final assessment – a written credit. The maximum score that a student can get at the end of the semester is 40 points. The minimum score that a student can get while studying during the semester is 24 points. For students who have not reached the minimum score threshold (24 points) during the semester, tests are conducted in the form provided by the work program. According to the results of the final form of control (a credit), the student can get a maximum of 60 points. The final score for the discipline may not be less than 60 points.

Ukrainian