Compensation for environmental damage in criminal proceedings: international experience

In this article, the author analyzes the provisions of current Ukrainian legislation regulating legal relations in the field of environment, as well as the issue of compensation for environmental damage by way of filing a civil claim in criminal proceedings of this category. It is noted that the ongoing full-scale invasion in Ukraine has led to massive destruction and damage to flora and has become a serious problem that has caused and continues to cause significant environmental damage. Comparing the provisions of the Criminal Procedure Code of Ukraine of 1961 and the current Criminal Procedure Code of Ukraine of 2012, the author concludes that under the current legislation, consideration of a civil claim in criminal proceedings is not mandatory, since it may be filed in the civil proceedings of Ukraine. The author of the article states that unfortunately, the funds recovered in criminal proceedings for environmental offenses are not subsequently used to restore the damaged environment. The author also points out the problematic issues that arise when compensating for environmental damage in criminal proceedings. Based on the results of the analysis of the legislation of Australia, Brazil, and the United States of America, the author concludes that in order to restore the environment damaged by criminal offenses in Ukraine, if the damage was caused by damage to plants or trees, the fines collected from the perpetrators should be used to restore the damaged plants, and also to plant them, if possible, at the place where the criminal offense was committed. The author points out that the system of compensation for environmental damage in criminal proceedings in Ukraine needs to be improved in several aspects. The author concludes that, given the significant role of ecology in society, proper compensation for environmental damage should become an important part of the criminal justice system. With reference to the experience of other countries, the author also provides proposals for further improvement of the current legislation of Ukraine.