INTERNATIONAL AND EUROPEAN MECHANISMS OF LIABILITY FOR ENVIRONMENTAL DAMAGE: PROSPECTS FOR THEIR APPLICATION IN UKRAINE

Abstract

Introduction. The relevance of the study is determined by global environmental challenges and the need to develop effective mechanisms of liability for environmental damage. International and European legal instruments allow preventing environmental violations, compensating incurred damages, and restoring affected ecosystems; however, their practical implementation requires adaptation to national conditions, particularly for Ukraine.

Purpose. The objective of the study is to conduct a comparative legal analysis of international and European mechanisms of liability for environmental damage, identify their main shortcomings, and determine the prospects for their application to ensure effective compensation for environmental damage and improve legal mechanisms for environmental protection in Ukraine.

Materials and methods. The materials of the study include: 1) international and European legal acts regarding liability for environmental damage; 2) works of Ukrainian and foreign scholars who have made a significant contribution to the study of environmental liability mechanisms.

The following scientific methods were used in the study: theoretical generalization and classification (to characterize the components of international and European mechanisms of liability for environmental damage and identify their main shortcomings); comparative legal analysis (to reveal differences and similarities between international, European, and national approaches to environmental liability); systemic analysis and synthesis (to develop a model for adapting international and European mechanisms to national legislation); and logical generalization of results (to formulate conclusions and prospects for application in Ukraine).

Results. It has been established that international law and European Union law have formed a comprehensive system of legal mechanisms of liability for damage caused to the environment. The principles of prevention, proportionality, and "polluter pays," as well as the combination of civil, administrative, and criminal liability for environmental violations, play an important role in this system.

At the same time, the practice of applying these mechanisms faces a number of difficulties, including the complexity of assessing environmental damage, establishing causal links, and the presence of political and legal obstacles to holding states accountable, especially in conditions of armed conflicts.

For Ukraine, which has suffered significant environmental losses due to armed aggression, the use of international and European mechanisms of liability is of particular importance. Harmonization of national legislation with EU law and implementation of its provisions can contribute to the formation of an effective system of environmental damage compensation and ensure an adequate level of environmental safety.

Discussion. Further research may focus on improving international and European mechanisms of liability for environmental damage, as well as developing effective legal instruments for their implementation into the national legislation of Ukraine. Special attention should be paid to forming effective mechanisms for assessing and compensating environmental damages caused by armed conflicts, as well as the development of environmental justice institutions.