Infopaket

Legal Liability under Environmental Legislation

ДВС.6.01

Обов’язкова дисципліна для ОП

First

2021/2022

8 Semester

2

Students’ achievement of such competencies, skills and abilities as: to know the prerequisites for the establishment of the institute of legal responsibility in environmental law, the mechanism of positive and negative responsibility in the field of ecology, the legal nature of environmental offenses, scientific and regulatory sources in this field; to know the methods and techniques of calculation, forms of compensation for environmental damage, the peculiarities of bringing the offenders to criminal, administrative, civil and disciplinary liability for environmental offenses; to know the legal enforcement and practice of legal liability realization in the natural resources, conservation and anthropological legal relations; to make and substantiate decisions on modeling procedures for environmental disputes, the preparation of legally significant documents.

Distance form

To know the basic principles of a scientific thought and current legislation, materials of law enforcement practice on legal forms, types of legal liability, the system and content of legislation concerning legal liability in the field of ecology, sanctions for environmental offenses established by criminal, administrative, civil, labor and other legislation (including their danger, ecological orientation, ecological risk), the identification of ways and methods of calculation and compensation of ecological damage, elimination of negative consequences of ecological offenses; to be able to apply the acquired knowledge to understand legal phenomena in the field of environmental law and legislation by implementing the provisions of the legislation on environmental liability; to have the skills of law enforcement, to solve practical problems arising in the field of natural resources, environmental protection and environmental safety with the help of legal methods.

Teaching of the discipline is aimed at training specialists in law, deepening their knowledge of the legal regulation of environmental relations in the field of legal liability, the formation of required skills in the environmentally oriented practice of human rights, law enforcement, control and supervision as well as other activities. Within the discipline, theoretical approaches to the concept, legal forms, types of legal liability in the field of ecology, the concept, content and place of ecological and legal responsibility in the system of legal liability, its institutional and functional support under environmental legislation, the mechanism of legal liability for certain types of environmental offenses in the field of natural resources, environmental protection and environmental safety are studied. Prospects for improving environmental legislation in the field of legal liability, considering international legal and European approaches are outlined.

1. Baliuk G.I. Environmental law of Ukraine: Synopsis of lectures in schemes (General and Special parts): a textbook. 2nd ed., corrected and supplemented. Chernivtsi: Kondratiev A.V., 2020. 204 p. 2. Environmental law: textbook. / A.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. 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. 5. Malysheva N.R, Yerofeiev M.I. Research and practical commentary on the Law of Ukraine «On Environmental Protection». Kharkiv: Pravo, 2017. 416 p.

Lectures are based on the use of dialectical, comparative and legal as well as other methods, a method of modeling, analysis of scientific and regulatory, practical sources of legal liability in the field of ecology. Scientific and legal principles and a mechanism for implementing legal liability under environmental law are offered to students. At the seminars, students model environmental dispute resolution procedures, justify their legal positions regarding the qualification of environmental offenses and sanctions, prepare drafts of legally significant documents for resolving environmental disputes and bringing those responsible for environmental offenses to justice, acquire practical skills of the realization of the functions of law enforcement agencies. Prospects for the prevention of environmental offenses are analyzed. Students’ individual work consists of tasks to prepare creative works, comparative tables, an analysis of practice materials.

Semester forms of assessment are: reports (speeches on a given topic) – from 2 to 4 points; express questioning – from 2 to 3 points; problem solving – from 3 to 5 points; an individual work – from 2 to 3 points; testing (from the set of statements to choose the right ones) – from 2 to 3 points; drafting a court decision – from 3 to 4 points; test control questioning – from 3 to 6 points; a final test – from 5 to 8 points. The final assessment – a written credit. The maximum score that a student can get during 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 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), the student can get a maximum of 60 points. The final score for the discipline may not be less than 60 points.

Ukranian