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DISTINCTIVE FEATURES OF CIVIL LEGAL LIABILITY FOR
ENVIRONMENTAL OFFENSES COMMITTED AGAINST NATURAL
OBJECTS
Murodov Bakhodir Mo'min o'g'li
Master's student in Environmental Law
and Sustainable Development,
Tashkent State University of Law
https://doi.org/10.5281/zenodo.12787195
Abstract:
This article examines issues of compensation for damage to
nature caused by environmental offenses and civil liability. The mechanisms for
compensating damage to land, atmospheric air, water resources, and forests are
analyzed, and the relevant legislation of the Republic of Uzbekistan is studied.
The importance of measures to protect nature and prevent environmental
offenses is highlighted.
Keywords:
environmental offense, civil liability, nature protection, land
code, atmospheric air, water resources, forests, damage compensation,
environmental risk, legislation.
Despite difficulties, humanity must protect nature, hold offenders
accountable, recover damages, and thereby prevent environmental hazards.
Land, as the main subject of civil-legal relations in society, also needs protection.
Damage to land and soil as a result of environmental offenses directly affects the
environment, i.e., productivity decreases and income sharply declines,
microorganisms die, causing a break in the ecological chain. In addition, as a
result of damage to land caused by environmental offenses, the amount of
underground resources is decreasing, and the ecological characteristics of water
sources, forest environments, and underground minerals are declining. This, in
turn, increases the importance of civil liability measures for environmental
offenses related to land and land use. The Land Code of the Republic of
Uzbekistan clearly defines the procedure for land and land use. The Code
stipulates compensation for damage caused to land. It is incorrect to understand
land use as only referring to the land surface. Land use also includes the use of
subsoil.
According to Article 48 of the Law of the Republic of Uzbekistan "On
Subsoil" No. 444-II dated December 13, 2002, damage caused to a subsoil user
by other persons must be compensated in accordance with the legislation. If rich
areas of mineral deposits are selectively used, as well as in other actions
(inaction) that led to the decommissioning of the mine or the creation of
conditions that partially or fully exclude the possibility of future use of the
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subsoil area, the damage caused to the state as a result of the activities of the
subsoil user guilty of these actions must be compensated from the funds of the
subsoil user in accordance with the legislation.
Another object for which damage calculation is complex in civil liability is
atmospheric air. Air pollution negatively affects not only human health but also
fauna and flora. Today, the development of industry and the increase in
production volumes are causing a sharp increase in the degree of air pollution.
Therefore, along with establishing liability for offenses to prevent air pollution,
it is important to consider the issue of recovering damages. Article 29 of the Law
of the Republic of Uzbekistan "On Protection of Atmospheric Air" establishes
liability for violation of legislation on air protection. According to this article,
individuals and legal entities must compensate for damage caused as a result of
violating legislation related to air protection.
Protection of water and water bodies, as an important source of life for all
living beings on Earth, is also relevant today. It is no secret that many water
bodies are being polluted due to the dumping of household waste and various
chemicals by individuals and legal entities, and as a result of violations of water
use rules. This is considered a violation of water protection regulations.
According to Article 117 of the Law of the Republic of Uzbekistan "On
Water and Water Use" No. 837-XII dated May 6, 1993, enterprises, institutions,
organizations, agricultural cooperatives (companies), farms, and citizens must
compensate for damages caused by violation of water legislation in the amount
and manner prescribed by law.
Of course, any person who has committed an environmental offense must
compensate for damage caused to water, water bodies, and water resources. The
amount of damage is calculated based on the nature of the violation of water use
conditions and the amount of funds actually spent. If the damage was caused by
enterprises and organizations due to the completion of water use or changes in
water use conditions, instead of compensating for the damage, they can correct
and restore the violated conditions of water use with their own forces and
means. The only condition is that compensation for damage must be deemed
inappropriate.
Another important object for humanity, not only for humanity but for all living
beings on Earth and nature, is forests. Since forests are a complex unit closely
connected with wildlife and atmospheric air, it is important to protect them.
Unfortunately, today forests are being damaged due to illegal cutting of trees in
forest areas, fires caused by carelessness, and other such factors by humans. To
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eliminate such situations, it is advisable to strengthen the protection of forests,
ensure their rational use, prevent offenses, and establish liability issues. In our
country, forest protection and determination of the amount of damage caused to
forests as a result of environmental offenses are enshrined in the Resolution of
the Cabinet of Ministers of the Republic of Uzbekistan No. 290 dated October 20,
2014, "On regulating the use of biological resources and the procedure for
obtaining permits in the field of nature use" and other relevant legislative acts.
The amount of property damage caused to forests is carried out according to
established taxes. This is calculated based on the number and type of trees cut as
a result of the offense, the state of damage, and the degree of deterioration of the
natural state of the forests.
References:
1. Law of the Republic of Uzbekistan "On Nature Protection" No. 754-XII dated
January 9, 1992. // National database of legislation, 07.02.2024, No.
03/24/904/0102;
2. Law of the Republic of Uzbekistan "On Subsoil" No. 444-II dated December 13,
2002. // National database of legislation, 12.10.2021, No. 03/21/721/0952;
3. Law of the Republic of Uzbekistan "On Protection of Atmospheric Air" No.
353-I dated December 27, 1996. // National database of legislation, 07.02.2024,
No. 03/24/904/0102;
4. Law of the Republic of Uzbekistan "On Water and Water Use" No. 837-XII
dated May 6, 1993. // National database of legislation, 07.02.2024, No.
03/24/898/0046;
5. Resolution of the Cabinet of Ministers of the Republic of Uzbekistan "On
regulating the use of biological resources and the procedure for obtaining
permits in the field of nature use" No. 290 dated October 20, 2014. // National
database of legislation, 03.04.2024, No. 07/24/146/0266.
