LEGAL FEATURES OF LIABILITY FOR ENVIRONMENTAL VIOLATIONS IN THE SPHERE OF LAND RELATIONS DURING MARTIAL LAW AND POST-WAR RECOVERY IN UKRAINE

Abstract

The article examines the legal features of liability for environmental violations in the sphere of land relations during martial law and the post-war recovery of Ukraine. The purpose of the article is to conduct a comprehensive analysis of the legal aspects of liability for environmental violations in the field of land relations under the conditions of martial law and during the post-war reconstruction of Ukraine. The study employed general scientific methods of cognition, including analysis, synthesis, systematization, comparison, induction, and deduction. The results indicate that the military actions that began in 2022 significantly intensified environmental threats in Ukraine, causing large-scale pollution of water, air, and soil. Particularly severe consequences include environmental losses following the destruction of the Kakhovka Hydroelectric Power Station in June 2023. To address these challenges, changes were introduced to the legislative framework, including the adoption of Resolution No. 326 by the Cabinet of Ministers of Ukraine, which outlines the procedure for assessing damage and losses caused by armed aggression. However, the resolution has several shortcomings, such as the absence of clear mechanisms for financing ecosystem restoration, insufficient detail in damage compensation processes, and uncertainty regarding timelines and liability for environmental violations. In this context, the authors recommend improving legislation by introducing precise definitions, mechanisms, and sanctions to regulate environmental violations. Additionally, the establishment of specialized environmental courts to handle such cases, the implementation of mandatory environmental audits, and the development of programs for the comprehensive restoration of land affected by military actions are proposed. Expanding the powers of local communities in managing land resources is also emphasized. A final step should involve adopting an Environmental Code of Ukraine to systematize environmental legislation, ensuring legal clarity and facilitating the recovery and protection of ecosystems in affected regions.