СORPORATE CRIMINAL LIABILITY UNDER THE EU DIRECTIVE ON THE PROTECTION OF THE ENVIRONMENT AND UKRAINIAN CRIMINAL LAW: A COMPARATIVE STUDY
СORPORATE CRIMINAL LIABILITY UNDER THE EU DIRECTIVE ON THE PROTECTION OF THE ENVIRONMENT AND UKRAINIAN CRIMINAL LAW: A COMPARATIVE STUDY

Summary/Abstract: This paper critically compares the current framework of criminal liability for organizations in Ukraine with the proposed EU legislative approach. The study examines the new model of corporate criminal liability for environmental offences under the EU Directive 2024/1203 on the protection of the environment through criminal law, and compares it to the established Ukrainian model. Drawing on the authors’ research, the paper outlines ways to improve the existing corporate liability regime in Ukraine. The legal analysis focuses on the autonomous model of criminal liability for legal entities, while emphasizing the system of “effective, proportionate, and dissuasive” sanctions advocated by the EU Directive. Based on a comprehensive theoretical examination and case law research, the practical implications of prosecuting environmental crimes committed by organizations are explained. The authors conclude that the EU’s flexible and autonomous model of corporate liability calls for broader environmental accountability and stronger preventive action. In contrast, Ukraine’s subsidiary, individual-liability-centred approach leaves significant gaps when addressing corporate involvement in environmental wrongdoing. We argue that aligning Ukrainian law with the proposed EU standards, by extending the liability regime for major environmental offences to legal entities and introducing restorative and compliance-oriented measures, is both necessary and relevant in the context of closer European integration.

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