Some problems of determining damages when bringing liability for violations of land legislation

The publication examines specific problematic issues of determining the amount of damages for pollution, littering, and land degradation. It is noted that the methods of calculating damages are a component of the legal system of the state, which is obliged to ensure the protection of land rights, as well as rights to a clean, sustainable, resilient and safe environment, which are guaranteed by the Constitution of Ukraine. It is stated that, unlike institutional guarantees, the legal basis of the mechanism for protecting this constitutional right lags behind the requirements and needs of the present. The article provides statistical data indicating the significant prevalence of offenses related to the negative impact on land, including as a result of littering, pollution, and violation of the special land-use regime. It has been proven that some current methods, due to their imperfections, do not contribute to the fulfillment of the tasks of criminal and criminal procedural legislation. Due to existing gaps, some methods are actually designed to establish damages within the framework of administrative proceedings, and therefore their application in criminal proceedings is unacceptable. The example shows that some of the methods for calculating damages for causing damage to land and soil are not adapted to modern challenges associated with the full-scale aggression of the Russian Federation against Ukraine. Separate attention is focused on the fact that there is currently no clear procedure for determining such a criterion for land pollution or damage as “creating a danger to life, health of people or the environment”, which is a mandatory element of the objective side of certain criminal offenses. In addition, it is substantiated that some of the current methods of calculating damages for violations of land legislation restrict their application to the limits of administrative proceedings and create risks of appealing calculations made in criminal proceedings or for filing a civil claim within their framework, including if they were made by an authorized body or specialist involved in the manner prescribed by the Criminal Procedure Code of Ukraine. The general conclusion is that, taking into account a multidisciplinary approach, it is necessary to improve the legislation regulating the procedure for compensation for damages for pollution, littering, and violation of the special land use regime and make it more universal.