THE ENVIRONMENT AS A VICTIM OF THE CRIMES OF RUSSIAN AGGRESSION

Abstract

The full-scale invasion of the Russian Federation poses a significant threat
to the environmental safety of Ukraine as an element of national security in its
domestic and international dimensions. The current environmental situation in Ukraine is a crisis precisely because
of active hostilities and the associated negative, detrimental impact on the
environment. As a result of the armed aggression of the Russian Federation,
damage is caused to the land, soil, atmospheric air, land fund of Ukraine, water
resources, subsoil, forest fund, objects of the nature reserve fund, which is why
the environment can be considered a victim of the armed conflict.
Based on the results of the analysis of scientific literature, judicial practice,
provisions of regulations in the field of environmental protection, the need for
adaptation of the criminal legislation of Ukraine to threats to the security of the
environment in the context of Russia’s full-scale military aggression against
Ukraine is substantiated; implementation of measures to ensure the protection
and restoration of violated environmental rights and interests of the population in
Ukraine during the war; ensuring the recording of the facts of criminal offenses
against the environment as a result of Russian aggression in the temporarily
occupied territories of Ukraine; assessment of the negative impact on the
environment as a result of a full-scale Russian invasion and forecasting the
consequences of the war in the medium and long term; ensuring the correct
recording of crimes against the environment in accordance with the requirements
of international judicial institutions in order to establish justice and bring to
justice for environmental damage caused by hostilities and ensure the inclusion of
environmental damage in the international register of damages.