Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.41 N° 77
Abril
Junio
2023
Recibido el 25/01/23 Aceptado el 16/03/23
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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Vol. 41, Nº 77 (2023), 243-255
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Environmental Relations in Armed
Conict (War) Conditions: Assessment of
Damage to the Environment and People
DOI: https://doi.org/10.46398/cuestpol.4177.16
Tetiana Popovych *
Liliia Andrushchenko **
Victor Oler ***
Oleksii Shumilo ****
Pavlo Gorinov *****
Abstract
The purpose of the article was to outline a framework of
instructions to determine the amount of damage caused to the
environment and people during the armed conict, and to
determine the consequences of such impact on the environment in
Ukraine and, internationally. The theoretical and methodological
basis of the research is a system of philosophical, general scientic and
special methods aimed at obtaining objective and reliable results, in
particular: ontological, axiological, integrative and prognostic. It was found
that the events of military nature on the territory of Ukraine extremely
exacerbated the problem of eectiveness of international and national legal
documents. It was established that at the international level since 2014,
the state of Ukraine has been dened as an ecological disaster zone. It was
determined that there are economic and “environmental” components in the
composition of environmental damage. The environmental component is
equivalent to moral damage. It is proposed to create (1) special associations
for environmental impact assessment after the return of territories under
Ukrainian control; (2) an international nancial institution to overcome
* PhD in Law, Senior Researcher, Academic Secretary, Academician F.H. Burchak Scientic Research
Institute of Private Law and Entrepreneurship of the NALS of Ukraine, Kyiv, Ukraine. ORCID ID:
https://orcid.org/0000-0003-2292-4530
** PhD., in Law, Associate Professor, Researcher of the Department of Legal Support of the Market
Economy, Academician F.H. Burchak Scientic Research Institute of Private Law and Entrepreneurship
of the NALS of Ukraine, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-6621-0842
*** Doctor of Law, Chief researcher of the Department of Legal Support of the Market Economy, Professor,
Academician F.H. Burchak Scientic Research Institute of Private Law and Entrepreneurship of the
NALS of Ukraine, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0002-9969-0595
**** PhD in Law, Professor, Professor of the Department of legal disciplines Sumy branch Kharkiv National
University of Internal Aairs, Sumy, Ukraine. ORCID ID: https://orcid.org/0000-0002-0506-4631
***** PhD., in Law, Acting Director of Educational and Scientic Institute of Law, Associate Professor
of the Department of Jurisprudence and Branch Legal Disciplines of the Ukrainian State Mykhailo
Dragomanov University. ORCID ID: https://orcid.org/0000-0002-8294-2784
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Tetiana Popovych, Liliia Andrushchenko, Victor Oler, Oleksii Shumilo y Pavlo Gorinov
Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
the environmental consequences of armed conict and occupation; (3) to
create a comprehensive system of collecting information on the state of the
environment.
Keywords: political responsibility; human rights; environmental
regulation; non-property rights; compensation.
Relaciones ambientales en condiciones de conicto
armado (guerra): evaluación del daño al medio ambiente
y a las personas
Resumen
El propósito del artículo fue esbozar un marco de instrucciones para
determinar la cantidad de daño causado al medio ambiente y las personas
durante el conicto armado, y determinar las consecuencias de tal impacto
en el medio ambiente en Ucrania y, a nivel internacional. La base teórica
y metodológica de la investigación es un sistema de métodos losócos,
cientícos generales y especiales destinados a obtener resultados objetivos
y conables, en particular: ontológicos, axiológicos, integradores y
pronósticos. Se encontró que los eventos de naturaleza militar en el territorio
de Ucrania exacerbaron extremadamente el problema de la efectividad de
los documentos legales internacionales y nacionales. Se ha establecido que
a nivel internacional desde 2014, el estado de Ucrania se ha denido como
una zona de desastre ecológico. Se determinó que existen componentes
económicos y “ambientales” en la composición del daño ambiental. El
componente ambiental es equivalente al daño moral. Se propone crear (1)
asociaciones especiales para la evaluación del impacto ambiental después
de la devolución de territorios bajo control ucraniano; (2) una institución
nanciera internacional para superar las consecuencias ambientales de
los conictos armados y la ocupación; (3) crear un sistema completo de
recopilación de información sobre el estado del medio ambiente.
Palabras clave: responsabilidad política; derechos humanos; regulación
ambiental; derechos no patrimoniales; compensación.
Introduction
In the conditions of war on the territory of Ukraine, the protection of
the rights of individuals and legal entities in the eld of environmental
protection and the use of natural resources involves the coverage and
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Vol. 41 Nº 77 (2023): 243-255
consideration of some aspects. The rst is the loss of natural resources
or the deterioration of their quality due to the action of certain natural
phenomena (water or wind erosion, ooding, ooding, soil salinization,
res, etc.), including their depletion as a result of extensive, irrational use.
The second is pollution, clogging of objects of the natural environment,
which leads, if not to the loss of property, then makes the normal use of
natural resources impossible, requires signicant material costs for their
restoration, bringing them to a normal state for further safe and eective
economic and other use.
The third, no less important, and perhaps even more socially threatening,
aspect is related to the protection of property rights of subjects, which is
caused by the negative impact of a polluted environment on human life and
health. After all, for example, when a citizen consumes polluted water and/
or breathes polluted air, he, rstly, is forced to bear nancial costs for the
purchase of appropriate devices for its purication, and secondly, he bears
nancial costs for improving his health from the consumption of polluted
water and food, breathing polluted air. In addition, an individual or legal
entity may suer signicant property losses from harmful emissions into
the atmosphere due to the complete loss of the crop or its part, the death of
forest, fruit and other green plantations, and the deterioration of product
quality.
The purpose of the article is to outline directions for determining the
amount of damage caused to the environment and people during the armed
conict, and the consequences of such an impact on the environment in
Ukraine and at the international level.
1. Methodology of the study
The article is based on the empirical data of international organizations
based on monitoring the state of the environment in the territories
controlled and not under the control of the Ukrainian authorities in order
to develop directions for assessing the damage caused by the armed conict
(war) in Ukraine.
The theoretical and methodological basis of the research is a system of
philosophical, general scientic and special methods designed to obtain
objective, reliable results, in particular: ontological, axiological, integrative,
prognostic and others. The ontological method was used when determining
the essence and forms of assessment of the state of the environment.
The integrative method contributed to the study of interdisciplinary and
interdisciplinary approaches to understanding legal norms. The prognostic
method made it possible to identify directions for assessing the damage
caused by the armed conict (war) in Ukraine.
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Tetiana Popovych, Liliia Andrushchenko, Victor Oler, Oleksii Shumilo y Pavlo Gorinov
Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
2. Analysis of recent research
Environmental relations in the conditions of war are studied by
researchers of various scientic elds: national law, economics, ecology,
international law.
Juan M. Dabezies in the work “Human-environmental relations,
planning and conservation. “Doing nothing” and “doing something” in the
protection of local knowledge” (2021) emphasizes that the protection of
relations between man and the environment is a subject that includes various
legal frameworks that cross the sphere of environmental management. At
the same time, he talks about the global logic of protecting private property.
Compensation for environmental damage as a condition for ensuring
the economic security of the state is discussed in the work of the same
name by Kireeva (2020). She emphasizes that, among other damages,
unearned prots for the time necessary to restore the quality of the natural
environment, to restore natural resources to a state suitable for their
intended use, should be subject to compensation.
The Ukrainian Helsinki Union for Human Rights (Blaha and
Zahorodnyuk, 2017) made a comprehensive analysis of the state of the
natural environment in conditions of armed conict. She characterized the
international legal obligations of states to protect the environment during
armed conict. The specics of prosecution for environmental damage
caused during the war were outlined.
A number of researchers talk about the protection of human rights in case
of environmental pollution in Ukraine, which is, rst of all, a constitutional
right of a person and a citizen. R. Stefanchuk (2007) in the monograph
“Personal non-property rights of natural persons (concept, content, system,
features of implementation and protection)” outlines the range of personal
non-property rights that require primary protection. Kostruba (2020) also
talks about similar aspects in his work “Personal non-property rights” and
also Orel in hers work “Personal non-property rights of legal persons”
(2021).
3. Results and discussion
3.1. Assessment of the impact of unstable situations on the
environment
After gaining independence, Ukraine had the highest indicator of negative
anthropogenic loads on the environment among European countries
in almost its entire territory. Moreover, in two-thirds of the regions, the
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ecological situation and the quality of the environment were characterized
as acutely critical and unfavorable for human health. According to the data
provided in the report “The most polluted places in the world - 2013” of the
Swiss organization “Green Cross” (Shpet, 2013), the fourth place was given
to Ukraine (a 30-kilometer exclusion zone around the Chernobyl reactor).
At the same time, the third and tenth steps are occupied by the Russian
Federation (the city of Dzerzhinsk as a center of the chemical industry and
the city of Norilsk, where almost 500 tons of copper and nickel oxide are
emitted into the air every year, as well as two million tons of sulfur oxides).
After the annexation of the Crimean Peninsula, the seizure of part of
Donbas and the full-scale invasion of Ukraine, the Russian Federation
does not care about environmental protection of the occupied territories.
This issue has been kept quiet for quite a long time in Ukraine and the
world (Grozovsky, 1997). Only recently, some experts began to warn that
environmental pollution could cause a new wave of refugees from the
occupied territories, and the future reintegration of the territories aected
by military actions should take place taking into account the ecological
component. The need to solve these and other environmental problems was
determined in the legislation of Ukraine at one time.
In particular, it was determined that in order to solve the problems of
technogenic and environmental safety, it is necessary to carry out a number
of measures that are relevant even after the end of the war.
In our opinion, overcoming the consequences of armed aggression on
the territory of Ukraine should be guided by the same Main directions of
the policy of Ukraine in the eld of environmental protection, use of natural
resources and ensuring environmental safety, since they have not lost their
relevance.
Currently, the strategic goal of Ukraine is the development of
comprehensive cooperation with Western and Central European states
with the acquisition of full membership in the European Union, and
therefore it is necessary to reach European standards in both political and
legal, socio-economic, and environmental aspects. At the current stage, the
environmental factor is becoming more and more relevant and one of the
priorities in international relations, economic and scientic and technical
cooperation of almost all countries of the world.
Hence the conclusion - Ukraine should move towards the harmonization
of national environmental protection legislation, requirements and
standards of environmental safety of economic activity and comprehensive
adaptation of them to the Western European ecological space. Along with
this, the ecological state of the environment, the level and nature of nature
use and nature protection measures, the ecological safety of technologies
must also meet Western European standards and regulations to the
maximum extent.
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Tetiana Popovych, Liliia Andrushchenko, Victor Oler, Oleksii Shumilo y Pavlo Gorinov
Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
At the international level, the status of our country has been determined
as an “ecological disaster” zone (Blaha and Zahorodnyuk, 2017). Only a
consistent policy of state authorities in cooperation with local authorities,
as well as other interested persons of private and public law, will help to
prevent and eliminate the enormous impact of armed aggression on the
ratio of all components of the environment.
According to the assessment of the I. I. Schmalhausen Institute of
Zoology of the National Academy of Sciences of Ukraine (Vasylyuk,
2017), the main consequences of the armed conict for the state of the
environment and the health of living beings today are (1) the destruction
of unique landscapes, including signicant steppe areas; (2) destruction of
populations of red-listed animal species; (3) large-scale burning and felling
of large forest areas, mostly purposefully planted around large industrial
centers to partially neutralize the negative impact of enterprises (in
particular, the Regional Landscape Park “Donetsk Kryaz” and the National
Nature Park “Holy Mountains”); (4) the results of chemical processes
specic to the zone of armed conict (the concentration of harmful
substances – explosion products (Sulphur oxides, nitrogen, etc.) in the
air increases sharply, exceeding the maximum permissible values by 5-8
times); (5) accumulation in the soil of not only metal, but also sulfur, etc.;
(6) damage to sewage treatment plants and ooding of mines, causing the
formation of salty shallow water unt for human habitation, and part of the
population of the region will be forced to become ecological refugees; (7)
pollution of the environment by leaks from mines of radioactive substances
that require special chemical treatment; (8) ingress of toxins – the results
of decomposition of unburied bodies.
According to OSCE reports, the military conict in eastern Ukraine has
led to a number of dangerous impacts on soils and landscapes, surface
and underground water, vegetation and wildlife, and the hostilities have
signicantly increased the risks of emergency situations at industrial
enterprises and infrastructure facilities (Denisov and Averin, 2017).
The armed conict practically paralyzed many aspects of environmental
protection activities in the east of Ukraine. The consequences of the
destruction of the environmental protection system in the conict zone will
be signicant.
In 2017, the Cabinet of Ministers of Ukraine approved the program
for the restoration and building of peace in the eastern regions of Ukraine
(Resolution CMU No. 1071, 2017), but environmental issues are represented
there by only 2 items out of 44. This program is a vivid example of Ukraine’s
work for the future. Trust funds of many partners formed in accordance
with the Memorandum of Understanding on cooperation between the
Cabinet of Ministers of Ukraine, the UN and the World Bank became an
additional source of funding for the tasks and activities of this Program.
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According to the proposals of the OSCE, it is necessary to implement
political measures to prevent hostilities in areas where sources of increased
ecological danger are located, to carry out international monitoring of the
situation, and also to carry out possible preventive measures in relation to
sources of increased danger.
In our opinion, in addition to what was proposed above, the Law of
Ukraine “On Environmental Impact Assessment” should be applied as
widely as possible in this area, which will provide an opportunity to identify
any impact on the environment, alternative options for eliminating such
impact, and the connection between the use of natural resources and
maintaining (improving) productivity for the future (even in the occupied
territories).
3.2. Environmental and derivative rights of citizens
In the Constitution of Ukraine and the norms of environmental
legislation, the protection and protection of human health have only a
declarative nature, it is more related to the object of this right. Constitutional
requirements for an environment safe for life and health are fully reproduced
in the Civil Code of Ukraine.
Today, the prevailing opinion is that the object of the right to health
is the non-property good “health of an individual” (Stefanchuk, 2007). At
the same time, despite the apparent simplicity of this issue, it should be
noted that today there is actually no clear and legally applicable concept of
“health”, i.e., the concept of “health of a natural person” precisely as a non-
property good. In addition to such a general understanding, the concept of
“health” also has its own special legal meaning, in which it acts as a certain
object of relevant legal relations. This is necessary under several basic
circumstances.
First of all, such an understanding will provide an opportunity to consider
“health” not simply as a general philosophical substrate, but, rst of all, as
a special object of relevant social relations. Secondly, such an approach will
provide an opportunity to consider health as a certain social value, which,
despite its general nature, has a specic legal nature.
Thirdly, the specied value of health will also determine its special-
branch (civil-law) belonging to the category of personal non-property goods,
which makes the specied category acquire signs of legal indierence (Orel,
2021). Agreeing with the rst two theses, we believe that the third thesis is
debatable.
When one or another producer, as a result of his production activities,
using outdated, inecient, high-waste technologies, pollutes and depletes
land, water, forest resources, subsoil, atmospheric air, plant and animal
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Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
life, belonging to a citizen by right of ownership, general or special use, he
pollutes the environment, thereby violating the rights of this citizen to safe
natural resources and health care.
We emphasize once again that every person bears signicant nancial
costs for the restoration of impaired health, and it is practically impossible
to prove in court that the deterioration of health is connected with one or
another case of environmental pollution. And in the event of an armed
conict, the subject has almost no chance to defend his right to compensation
for loss of health (except for obvious physical losses).
Scientists, analyzing various circumstances regarding the denition of
the concept of human health, often note that if such a good as health can
undergo dynamic changes and dierentiate depending on the factors that
aect the state of vital activity of the organism, then it, accordingly, can
also be measured (estimates) according to various indicators (Kostruba,
2020). In our opinion, this very correct and relevant topic deserves further
in-depth study in relation to environmental protection and rethinking the
concept of “non-property” and “property” law in this area in relation to
human health.
Protection of human rights in case of environmental pollution in Ukraine
is, rst of all, a constitutional right of a person and a citizen. Article 50 of
the Constitution of Ukraine clearly denes that everyone has the right to
an environment safe for life and health and to compensation for damage
caused by violation of this right. Article 116 of the Constitution of Ukraine
obliges the Government of the country to ensure the implementation of
policies in the eld of nature protection, environmental safety and nature
management.
In accordance with Part 4 of Art. 68 of the Law of Ukraine “On the
Protection of the Natural Environment”, enterprises, institutions,
organizations and citizens are obliged to compensate the damage caused by
them as a result of the violation of the legislation on the protection of the
natural environment, in the manner and in the amounts established by the
legislation of Ukraine. At the same time, the legislation of Ukraine does not
have a clearly dened punishment for environmental damage caused by the
aggressor state. Such issues can be settled only at the level of international
legislation by ling lawsuits in international courts.
But when the occupied territories are returned to the control of Ukraine,
it will also be possible to apply civil liability. Its feature is that the damage
caused as a result of the violation of the legislation on environmental
protection is subject to compensation in full (Law of Ukraine No.1264-XII,
1991: art. 69), i.e., without applying the rules for reducing the amount of
nes and regardless of the fee for pollution of the natural environment and
deterioration of the quality of natural resources. Persons who have suered
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such damage have the right to compensation for lost prots for the time
necessary to restore health, the quality of the natural environment, and the
reproduction of natural resources to a state suitable for their intended use.
Persons owning sources of increased ecological danger are obliged to
compensate for the damage caused to citizens and legal entities, unless
they prove that the damage occurred as a result of spontaneous natural
phenomena or intentional actions of the victims. Damage caused to the
environment in connection with the implementation of the agreement on
product distribution is subject to compensation in accordance with the
requirements of Art. 29 of the Law of Ukraine “On Product Distribution
Agreements”. In particular, such damage is subject to compensation
(compensation) in full at the expense of the investor, regardless of fees
for environmental pollution and deterioration of the quality of natural
resources.
The investor is released from compensation for damage caused to the
environment only if he proves that the damage was caused as a result of
spontaneous natural phenomena or intentional actions of the victims.
Article 394 of the Civil Code of Ukraine stipulates that the owner of
a plot of land, a residential building, or other buildings has the right to
compensation in connection with a decrease in the value of these objects
as a result of activities that led to a decrease in the level of ecological and
noise protection of the territory, deterioration of the natural properties of
the land.
As a general rule, applying criminal or administrative liability to
guilty persons does not exempt them from compensation for damage
caused by violation of environmental protection legislation. This damage
is characterized by both general signs of “damage” and special ones that
are characteristic only of environmental damage. The general denition
of damage comes down to attributing to it any depreciation, deterioration,
reduction, destruction of a good protected by law, or to understanding it
as adverse consequences arising from the violation of property or personal
non-property rights of the victim.
In accordance with this, environmental damage is dened as a set of
negative changes in the quality and structure of the natural environment
or its individual elements: deterioration, destruction, destruction of
natural objects, disruption of ecological relationships and systems, general
deterioration of the natural environment, etc.
According to scientists, one of the most controversial issues is the
structure of environmental damage (Komarnytskyi et al., 2006). Yes,
there is an idea that damage caused to natural objects is divided into two
independent parts (Muntyan, 1982). The rst part consists of the cost of
material and monetary costs for nature protection measures to restore the
disturbed state of nature.
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Tetiana Popovych, Liliia Andrushchenko, Victor Oler, Oleksii Shumilo y Pavlo Gorinov
Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
The second part of the damage includes losses in the natural
environment that resulted from the exclusion of vital functions of its
individual elements or complexes. Such losses, being non-recoverable,
relatively non-recoverable or dicult to recover, do not have a monetary
value. This damage was called ecological, as opposed to economic, which
can be expressed in monetary value.
In the development of this idea, it is considered that the damage caused
by the violation of environmental legislation is divided into economic
and ecological. The economic one manifests itself in the death, damage,
destruction of material values, in the failure to receive income from the use
of a natural object, and the ecological one - in the depletion of the natural
environment, violation of its ecological connections.
In contrast to economic damage, which is manifested in the cost of losses
of material values and expected income, environmental damage is a complex
structural entity that has two independent parts: the cost of material and
monetary costs used to protect the natural object that was damaged, costs
for restoring the disturbed state of the natural environment, etc.; the cost of
ecological losses of the natural environment, which occurred as a result of
the complete or partial exclusion of life-sustaining functions performed by
the environment or a separate component of it.
Such losses are divided into recoverable as a result of economic
activity, relatively recoverable when the restoration of natural objects is
associated with long periods (restoration of forest vegetation), and non-
recoverable. Environmental damage and anthropological damage, as well
as economic damage caused to the material interests of nature users, are
also distinguished.
Often attention is focused on the consequences of damage, which
combines dierent types of damage - nature, people, economic structures
(Havrysh, 2002). Accordingly, biological damage (damage to ecosystems,
the natural environment) is distinguished, which is primary, as well as
personal damage (damage to human life and health), economic damage (to
the material sphere of people’s lives).
In fact, all the mentioned estimates of damage caused to the surrounding
natural environment dier among themselves, mainly, in the degree of
dierentiation of the consequences of this damage. At the same time, they
all agree that the assessment of this type of damage must be comprehensive,
taking into account all aspects of its impact on the state of the environment,
people directly, and the material interests of nature users.
Given the above, the following key points of assessment and
compensation for damage caused by violations of environmental legislation
can be identied. The most signicant are the ecological consequences
of damage to the natural environment. For example, the destruction or
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damage of forest crops on large areas of the forest has a negative impact on
forest ecosystems, on the performance of climate-regulating, water-saving
and other functions by forests. As a result, the environmental conditions of
human life may deteriorate, and the condition of other natural objects may
deteriorate.
Only damage that can be calculated and expressed either in kind or in
value is subject to compensation. Taking into account the circumstances
of the case, the court, at the choice of the victim, may oblige the person
who caused the damage to compensate it in kind (hand over an item of the
same type and quality, repair the damaged item, etc.) or to compensate the
damage in full (Civil Code of Ukraine No. 435-IV, 2003: p. 1 art. 1192).
Compensation in kind consists in the fact that the guilty person is obliged
to eliminate the negative consequences of the damage (reforestation, land
reclamation, etc.) by his own eorts and means. However, imposing on the
oender the obligation to indemnify the damage in kind is possible only in
the case when he has the appropriate qualications, experience, material
and technical base for carrying out the relevant nature restoration works, or
the specied conditions are irrelevant in certain cases (for example, when
restoring forestry signs).
If the oender cannot be obliged to compensate the damage in kind,
then he is responsible for full compensation (damage compensation). When
calculating the amount of compensation, the following should be taken into
account: unused costs of material resources and labor previously invested
in a natural object (land plot, forest, water body), costs of reproduction
of natural resources (sh, forest, water supply sources, etc.), and also the
incomes not received by nature users.
An important role in calculating the amount of compensation is
performed by special taxes, their use is due to the complexity of calculating
losses caused by the destruction or damage of forests and other natural
resources, the need to ensure uniformity of compensation for damage in
typical cases.
As a rule, such fees are approved by resolutions of the Cabinet of
Ministers of Ukraine in accordance with objects (1) forest; (2) plants from
the number of species listed in the Red Book of Ukraine, the European Red
List of animals and plants under threat of extinction on a global scale; (3)
territorial and internal sea waters of Ukraine; (4) territories and objects
of the Nature Reserve Fund of Ukraine; (5) green spaces within cities and
other settlements and others.
254
Tetiana Popovych, Liliia Andrushchenko, Victor Oler, Oleksii Shumilo y Pavlo Gorinov
Environmental Relations in Armed Conict (War) Conditions: Assessment of Damage to the
Environment and People
Conclusions
Summarizing the presented material, it should be noted that the
territory of Ukraine has long been subjected to external intervention and
aggression, which caused negative consequences in the eld of ecology
and caused economic losses. With the development of technology, such
inuence becomes more signicant and transboundary. Direct assessment
of the impact on the environment in armed conict can only be carried out
by international organizations, and the state suering from aggression can
only indirectly assess the impact and calculate damages from environmental
damage.
At the same time, when the territories are returned to the control of
Ukraine, the national legislation provides an opportunity to determine the
amount of damage to the environment and individuals caused during the
armed conict, and the consequences of such an impact on the environment
within Ukraine and at the international level.
To do this, it is necessary to (1) initiate at the regional and/or
international levels the creation of an association that will have the authority
and access to the occupied territories in order to assess the impact on the
environment; (2) create an international nancial institution to overcome
the environmental consequences of armed conict and occupation; (3)
create a system that will ensure the collection of information for indirect
(cross-border) strategic assessment of damage to the environment and
people.
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Esta revista fue editada en formato digital y publicada
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