Екологічна шкода та екологічні злочини проти довкілля, спричинені пошкодженням промислових об’єктів під час війни в Україні

Abstract

Схід України, де активно ведуться бойові дії, до повномасштабного вторгнення країни-агресора був одним з екологічно небезпечних регіонів. На даний час неможливо оцінити всі наслідки екологічної шкоди та екологічних злочинів у повному масштабі так як бойові дії ще тривають і бракує точної інформації, але вже зараз можна фіксувати та документувати екологічні збитки для формування доказової бази відповідно до вимог Міжнародних незалежних комісій та судових органів.

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before the full-scale invasion of the aggressor country. At the moment, it is impossible to assess all the consequences of environmental damage and environmental crimes on a full scale, since the hostilities are still ongoing and there is a lack of accurate information, but we can already record and document environmental damage to form an evidence base in accordance with the requirements of international independent commissions and judicial authorities. According to various data from the official resources of the Ministry of Environmental Protection and Natural Resources of Ukraine, the Operational Headquarters for Fixing Ecocrimes of the Russian Federation, during the year of the full-scale war, about 426 large and medium-sized private and state enterprises, as well as tens of thousands of small private ones, were damaged or destroyed. Damage to the environment is estimated according to various sources from 38 billion to 1.35 trillion hryvnias. Of course, these data are not final, as there is no information on temporarily occupied territories and front-line zones. During the year of the war, as a result of forest fires, almost a third of the forest fund of the state was destroyed, that is more than 59 thousand hectares of forests and other plantations that were burned by rockets and shells. The soils of Ukraine have turned into the most explosively contaminated lands in the world, namely, according to the Ministry of Environmental Protection, 14 million m² of soils are contaminated with the remains of destroyed objects and ammunition, more than 280 thousand m² are contaminated with dangerous substances, about a third of the territory of Ukraine needs demining, and this at least 10 years. About 67 million tons of dangerous substances entered the atmosphere as a result of forest fires and the burning of petroleum products, as well as the burning of industrial facilities. The mass of extraneous objects, materials, waste that got into water bodies equals 2 million 903 kg, and the mass of pollutants was 1597 tons. According to calculations in accordance with methods that determine the amount of damage caused to land, water, forest resources and atmospheric air, the total the amount of damage caused by soil pollution is UAH 847 billion, atmospheric air – UAH 992 billion, water resources – UAH 56 million. The international and domestic system of regulatory and legal protection of the environment does not meet the requirements that arose during the war in Ukraine. While the criminal law norms for providing compensation for damages caused to the environment during military operations by the aggressor country do not provide full punishment. Therefore, receiving compensation for damages caused by military actions to the environment is a complex legal problem. Environmental damage has two sides, both ecological and economic. Therefore, there is a question not only of constant monitoring of the environmental situation in the conditions of war, but also of the development of certain methods that would make it possible to realistically assess the cost of environmental damage and environmental damage caused to the environment as a result of committing environmental crimes. The main danger associated with the destruction of industrial enterprises is: damage to nuclear installations, threats to nuclear and radiation safety; damage to industrial enterprises and infrastructure as a result of shelling and ammunition hits; emergency shutdown of enterprises due to disconnection from energy, water and gas supply; violation of technological processes in production; conducting military operations; fires due to the impact of ammunition. Damage and destruction of enterprises in the energy, metallurgical, chemical and machine-building industries have the greatest impact on the environment. The most ecologically dangerous enterprises that were destroyed: Avdiivskyi, Yasynuvatskyi, Yenakiivskyi coke plants; Yenakievsky Metallurgical Plant, Azovstal and MMK named after Ilyich The duration and consequences of environmental damage caused to the environment cannot be estimated due to its incompleteness.