Practice of Determining the State of Soils and Lands in Court Proceedings

Abstract— The results of a study of judicial practices in determining the state of soils and lands are analyzed. In the decision-making process, courts identify and record specific circumstances of non-compliance with environmental requirements by the defendant, as well as the negative consequences of such actions on the state of the soil cover. The analysis shows that, in most cases, courts uphold claims for compensation for damage caused to soils. Compensation for damage caused to soils as a protected object is currently becoming a significant economic tool for addressing environmental issues, both for the prevention of environmental violations and within the framework of environmental and economic regulation. A forensic environmental assessment may be initiated as part of legal proceedings. During the assessment, the environmental status of soils in the disputed area is compared with current standards for soils and lands and/or with environmental indicators in the adjacent territory. This article argues the advantages of using the forensic expert method in court proceedings involving the determination of the condition of soils and lands.