Infopaket

Problems of Compensation for Damage under Environmental Legislation

ВБ.01.10.07

Обов’язкова дисципліна для ОП

Second

2023/2024

2 Semester

1

To know: the main legal categories in the field of compensation for damage under environmental law and the problems of their application in relevant legal relations; current theoretical and practical problems of legal forms, regimes and methods of compensation under environmental legislation within the positive and negative environmental responsibility; doctrinal approaches to the main theoretical and practical problems of the development of the legal institute of compensation for damage under environmental legislation; features of advisory activities regarding the characteristics of possible and actual forms, methods of compensation for environmental damage under the legislation on natural resources, environment and environmental safety.

- understanding the nature and essence of the legal provision of compensation for environmental damage by its prevention and elimination: - the knowledge of such definitions as "environmental damage", "legal forms, regimes, methods of compensation for environmental damage", "the relationship of environmental control with other types of control and supervision activities", "scope of rights and responsibilities of the control and supervision activities in the field of ecology", as well as the provisions of the Constitution of Ukraine, laws and codes that regulate environmental and legal relations in this area, the materials of judicial practice; - skills to assess the role and objectives of the institute of compensation for damage under environmental law.

The discipline outlines the following issues: 1) the study of the concept of compensation for damage under environmental law, its legal forms, regimes, methods, characteristics of the two types of legal relations within which it is applied: a) within regulatory and incentive relations b) within protective and safeguarding legal relations; 2) mastering scientific approaches to the development of the legal institution of compensation for damage under environmental legislation; 3) research of the peculiarities of compensation for damage under environmental legislation and methods of its implementation (natural, monetary, environmental risk insurance, etc.); 4) the study of the legal basis for the systematization of legal norms regarding compensation for environmental damage by the analogy with the already adopted laws in the United States, Japan, Germany, Spain and in some sections of the Environmental Codes of France and Sweden.

1. Malysheva N.R., Yerofieiev M.I. Scientific and practical commentary on the Law of Ukraine "On Environmental Protection". Kharkiv: Pravo, 2017. 416 p. 2. Environmental law: textbook / 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. Implementation and protection of environmental rights of citizens: theoretical and legal aspects: scientific publication. Kyiv: FOP Yamchynskyi O.V., 2021. 148 p. 5. Environmental law: textbook / coll. of auth. Dnipro: Bila K.O. Publisher, 2020. 318 p. 6. Koshelenko K.V. Legal liability for damage to the environment under the laws of Ukraine and the EU: the comparative legal aspect: Diss. Abstract of Cand. of Leg. Scien. Kh., 2019. 25 p.

Lectures are based on the use of the dialectical, comparative and legal as well as other methods, the modeling method, analysis of scientific and regulatory, practical sources of compensation for damage under environmental law. Scientific and legal principles and practical aspects of the problems of compensation for damage under the legislation on natural resources, environmental safety and environmental legislation are offered to students. At seminars, students participate in discussions of issues of formation and development of the scientific and legal thought, formulate conclusions on the content and importance of the doctrine of compensation for environmental damage, prepare draft of documents regarding the application of compensation for environmental damage: claims, protocols, resolutions, lawsuits, etc., considering features of the practical situation, study scientific and regulatory approaches to the main legal issues of compensation for environmental damage.

Semester forms of the assessment: 1. express questioning – from 2 to 4 points; 2. a colloquium – from 2 to 4 points; 3. reports and scientific works – from 6 to 8 points; 4. testing (from the set of statements to choose the right ones) – from 6 to 7 points; 5. modal tests – in total: from 6 to 12 points; 6. an interim control (a final test) – from 2 to 5 points. The final assessment: a written exam in a test form. The maximum score that a student can get during the semester is 40 points. The minimum score that a student can get according to the appropriate forms of the assessment is 24 points. For students who have not reached the minimum score threshold during the semester (24 points), tests are conducted in the form provided by the work program. According to the results of the final form of control (a credit) a student can get a maximum of 60 points. The final score for the discipline may not be less than 60 points.

Ukrainian