Administrative responsibility for offences of environmental legislation in the codified acts of Ukraine (1994-2002)

Abstract

The article deals with the peculiarities of administrative responsibility for offenses against nature in the Forest Code of Ukraine 1994, the Code of Ukraine on Subsoil 1994, the Water Code of Ukraine 1995, the Land Code of Ukraine 2002

Administrative responsibility for offenses in the use of natural resources is an important link in the system of measures, improvement of management and influence on the behavior of legal and natural persons who should not commit acts of illegal use and deterioration of the state of the environment.

The codification of environmental legislation began with the adoption the Forest Code of Ukraine in 1994, which established the administrative responsibility for illegal felling and damage of trees and shrubs; destruction or damage of the forest as a result of arson or fire by ignorance, violations of other requirements of fire safety in forests, and their features were established in accordance with laws.

Administrative responsibility serves as a kind of leverage to ensure legal protection in the field of mining law in order to prevent the offenses in this area. Legal bases of subsoil use, in particular, administrative-law are aimed at effective, scientifically grounded regulation of relations with regard to the rational, economical use of natural resources, their protection in order to meet the needs and interests of the state, society and citizens, reflected in the norms of responsibility established in the Code Ukraine on Subsoil.

Among the types of responsibility in the field of water protection, the administrative responsibility plays a significant role in the Water Code of Ukraine because of the fact that this category is an operational and effective means of responding to the offenders and applies, both administratively and in court.

Issues of administrative liability for offenses connected with the land fund were reflected in the Land Code of Ukraine 2001 and include unauthorized occupation of land plots, non-fulfillment of requirements for the use of target destination of land, reduction of boundary marks, etc.

With the help of the method of quantitative indicators the calculations of the volume of text material are devoted to these questions, ranging from 0.9% to 4.4% of the total number of characters. It has been shown that there is a discrepancy between the rules of administrative responsibility in the Code of Ukraine on Administrative Offences and the provisions of the codified acts and the suggestions made in relation to the improvement of the current legislation.