LEGAL LIABILITY FOR VIOLATION OF THE NORMS THAT REGULATE PUBLIC ADMINISTRATION  OF THE ENVIRONMENT  UNDER A SPECIAL PERIOD Cover Image

LEGAL LIABILITY FOR VIOLATION OF THE NORMS THAT REGULATE PUBLIC ADMINISTRATION OF THE ENVIRONMENT UNDER A SPECIAL PERIOD
LEGAL LIABILITY FOR VIOLATION OF THE NORMS THAT REGULATE PUBLIC ADMINISTRATION OF THE ENVIRONMENT UNDER A SPECIAL PERIOD

Author(s): Volodymyr Chudnenko
Subject(s): Public Administration, Environmental and Energy policy, Administrative Law
Published by: Editura U. T. Press
Keywords: public administration; natural environment; environmental legislation; legal responsibility; administrative responsibility; tools of public administration; environmental condition; control;

Summary/Abstract: In this article, attention is paid to the issue of legal responsibility for violation of norms that regulate the public administration of the natural environment in the conditions of a special period. Legal responsibility is characterized by: 1) involvement in legal relations; 2) procedurality; 3) resolution of the issue of responsibility by authorized entities; 4) provision by legislation; 5) occurrence of adverse consequences; 6) adverse consequences are of a personal, property or organizational nature. Administrative responsibility is characterized by the following general features: 1) has a public state-obligatory character; 2) is a means of protecting the established state legal order; 3) is normatively determined and consists in the application of sanctions of legal norms; 4) is a consequence of culpable antisocial behavior; is accompanied by state and public condemnation of the offender and the act committed by him; 5) is related to coercion, with negative consequences for the offender, which he must suffer; 6) implemented in appropriate procedural forms; has a subsidiary value in relation to many other branches of law. It was noted that administrative compliance for violation of norms regulating the public administration of the environment in the conditions of a special period is the activity of public administration bodies regulated by administrative and legal norms to apply administrative penalties to those guilty of administrative offenses in the field of the environment in the conditions of a special period within the limits stipulated by administrative and legal norms. When considering the issue of legal responsibility for violation of norms regulating the public administration of the natural environment in the conditions of a special period, it is impossible to bypass the issue of reparation of the aggressor state. It should be noted that it is extremely difficult to fully assess the damage. First, we do not have access to the occupied territory, and therefore there is no possibility to conduct monitoring. Secondly, the occupation is a long process, and therefore the amounts can change. Thirdly, each of the damage figures named by the researchers is only an approximate indicator. The final amount can only be determined in the course of court proceedings, arbitrations and tribunals.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 5-13
  • Page Count: 9
  • Language: English