Volume 03 Issue 12-2023
59
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
ISSUE
12
Pages:
59-66
SJIF
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(2021:
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(2022:
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6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article covers the issues of legal responsibility and its improvement in the legal protection of the environment in
the field of construction. The article first analyzes the relevance of the topic, relevant shortcomings and problems in
the field, as well as the practice of developed countries in this field. In the process of studying the subject, the existing
legal framework was studied, the relevant shortcomings were identified, and innovative solutions for increasing legal
responsibility and environmental protection were proposed. Based on the results of all the research, it can be briefly
concluded that further to improve environmental legal responsibility in the construction sector, first of all, it is
necessary to strengthen accountability measures, improve monitoring and reporting mechanisms, as well as actively
involve non-governmental and non-profit organisations in the fight against violations of environmental norms. , as
well as additions to some norms in the legislation will stimulate the further development of this field. In addition, the
lack of appropriate incentive measures to ensure the friendly attitude of citizens or legal entities towards nature in
the construction sector was recognized as one of the shortcomings of this sector.
KEYWORDS
Ecology, environment, harmful waste, legal liability.
INTRODUCTION
In today’s world, where sustainable development and
environmental protection have become a global
priority, issues of legal responsibility and its
improvement in the legal protection of the
environment in the field of construction are of great
importance. While the construction industry plays a
decisive role in economic development, it often causes
serious problems for the environment. Addressing
these
issues
requires
not
only
stakeholder
accountability for environmental impacts, but also a
strong legal framework that encourages responsible
and sustainable practices.
In our opinion, there is a lack of clarity regarding the
legal responsibility of various stakeholders in the
construction industry, which can lead to consequences
such
as
non-compliance
with
environmental
regulations.
Research Article
ENVIRONMENTAL LEGAL LIABILITY IN THE CONSTRUCTION FIELD
Submission Date:
December 12, 2023,
Accepted Date:
December 17, 2023,
Published Date:
December 22, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue12-11
Shokhrukh Shukhratillayevich Nurullayev
Tashkent State University Of Lawbasic Doctoral Student, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 12-2023
60
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
59-66
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Increasing legal responsibility in the field of
construction can have a significant impact on the
environment. For example, a study conducted by the
World Green Building Council showed that green
buildings can reduce energy consumption by 50%,
water use by 40%, and carbon emissions by 35%
compared to traditional buildings. This highlights the
importance of increasing legal liability in the
construction industry to facilitate the introduction of
sustainable construction practices.
This study, devoted to the issues of legal responsibility
and its improvement in the legal protection of the
environment in the field of construction, covers many
aspects and is aimed at a deep analysis of the topic, in
addition, appropriate solutions and proposals are also
given. Relevant literature on legal responsibility and
environmental protection in the field of construction
was thoroughly studied and analyzed. The available
current legal base, relevant judicial practices and
scientific works, articles in this field, and various official
sites were used. A comparative analysis of the legal
framework and practice in different jurisdictions was
conducted to determine the best practices and
potential directions for improvement in the legal
protection of the environment in the field of
construction. This involved studying legal systems and
regulatory approaches in different countries and
regions.
Based on the results of the literature study, data
collection, comparative analysis and other research,
recommendations on improving legal responsibility
and environmental protection in the construction
sector were developed.
MATERIALS AND METHODS
The scientific research carried out on this topic is aimed
at solving complex and urgent tasks related to
environmental protection in the field of construction.
In the course of the study, the existing legal base was
studied, relevant shortcomings were identified, and
innovative solutions for increasing legal responsibility
and environmental protection were proposed.
The study began with a study of current regulations
governing
environmental
protection
in
the
construction industry, including local, national, and
international laws, regulations, and standards. This
analysis showed that although there are various legal
documents on environmental protection, there are still
serious shortcomings in the enforcement, compliance
and accountability mechanisms in the construction
industry. One of the main problems identified is the
lack
of
clear
legal
responsibilities
between
stakeholders involved in construction projects, such as
developers, contractors, architects and government
agencies. Ambiguities in legal obligations often lead to
disputes, confusion, and ultimately environmental
damage. In the study, examples of damage caused to
the environment as a result of construction activities
were studied, and it was emphasized that it is
necessary to improve legal clarity and responsibility.
It was found that the insufficient level of monitoring
and reporting mechanisms hinders the detection and
elimination of environmental violations and increases
the negative consequences for the environment. To
solve these problems, several recommendations on
increasing legal responsibility and environmental
protection in the field of research and construction
were proposed. These recommendations included
establishing comprehensive environmental impact
assessment procedures for construction projects,
implementing strict monitoring and reporting
requirements, and including clear legal responsibilities
in contracts and agreements between project
stakeholders.
Volume 03 Issue 12-2023
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1121105677
Publisher:
Oscar Publishing Services
Servi
The topic of legal responsibility in the legal protection
of the environment in the field of construction and its
improvement is a complex and multifaceted issue that
requires in-depth analysis. To fully understand and
solve this topic, a comprehensive and strategic
approach to research methods, methodology and
research objects is necessary. First of all, the choice of
research methods on this topic should be carefully
considered to ensure the validity and reliability of
relevant facts. Qualitative methods such as an in-depth
analysis of the literature and the study of the opinions
of relevant persons in the field can provide in-depth
information about various legal, environmental and
construction-related problems. On the other hand,
quantitative methods such as statistical analysis and
surveys can offer numerical data to support qualitative
research. Using a mixture of both methods, the study
captures the subtle and complex dynamics of legal
liability and environmental protection in the
construction industry.
In this case, the selected research methods,
methodology and research objects are clear. By
applying qualitative and quantitative methods,
introducing a multidisciplinary approach and solving
various research objects, the research allows for a
reliable and comprehensive analysis of the issues of
legal responsibility and its improvement in the legal
protection of the environment.
RESULTS OF THE RESEARCH
The subject of legal responsibility and its improvement
is of great importance in the legal protection of the
environment in the field of construction. The
construction industry is one of the largest contributors
to environmental degradation, accounting for
approximately 40 per cent of global energy
consumption and 30 per cent of greenhouse gas
emissions. The construction industry is also
responsible for the depletion of natural resources,
deforestation and habitat destruction. Therefore, it is
necessary to have a legal framework that ensures that
construction works are carried out in an ecologically
sustainable manner. However, there is no consensus
on how to achieve this goal. Some scientists say that
the solution to this problem is the development of new
technologies that reduce the impact of construction
activities on the environment, while others say that the
key to improving environmental protection in the
construction industry is to introduce an effective legal
framework that holds contractors accountable for
their actions. According to the United Nations
Environment Program (UNEP) report, the construction
industry has the potential to reduce its carbon
footprint by 84 gigatons of CO2 by 2052. This is
equivalent to 22% of the total carbon emissions needed
to limit global warming.
Therefore, it is very important to solve the issue of legal
responsibility and its improvement in the legal
protection of the environment in the field of
construction. In this way, we can ensure that the
construction industry plays its role in mitigating the
effects of climate change and protecting the
environment for future generations.
The obtained scientific results show that several
measures can be used to ensure the stability of ecology
in the construction sector. These include increased
fines, increased awareness of the population, the
introduction of strict monitoring and reporting
mechanisms, as well as the introduction of incentive
mechanisms for entities that carry out construction
works in an environmentally friendly manner.
ANALYSES OF RESEARCH RESULTS
Penalties for violating environmental legislation in
construction vary by country. For example, in common
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6.
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1121105677
Publisher:
Oscar Publishing Services
Servi
law England, the Environment Protection Agency and
local authorities are the main environmental
regulators, issuing enforcement notices, clearance
notices and most environmental legislation. may be
fined and imprisoned for violation. The maximum
penalty for cases brought before the Magistrates'
Court is usually a fine of up to £50,000 and/or six
months imprisonment. The maximum penalty for
Crown Court cases is usually an unlimited fine and/or
two years in prison. Civil penalties, including fixed
monetary penalties and enforcement obligations, may
also be imposed against entrepreneurs as an
alternative to criminal prosecution for certain types of
violations. In Europe, countries such as Denmark,
France, and the Netherlands are leading in the
introduction of environmental protection rules in
construction. Germany, Belgium, Great Britain and
Switzerland have introduced LIFE CYCLE ASSESSMENT
(LCA) requirements for public projects and public
buildings. So, how does the legislation of Uzbekistan
look at this matter?
In the Republic of Uzbekistan, there is no concrete
liability for environmental damage during the
construction process. The Code of the Republic of
Uzbekistan
“On
Administrative
Responsibility”
contains several similar norms. For example, in Article
88 of the Code, there are relevant sanctions for non-
compliance with the requirements of atmospheric air
protection when collecting combustible substances
and building materials, burning these substances and
materials, as well as non-combustible materials during
construction and other works. given. In addition, there
are several responsibilities regarding the relationship
with construction waste.
Several laws regulate this area, and these are:
Law of the Republic of Uzbekistan “On Ecological
Expertise”, Land Code of the Republic of Uzbekistan,
Law of the Republic of Uzbekistan “On Nature
Protection”, Law of the Republic of Uzbekistan “On
the Protect
ion of Atmospheric” “On the Protection
and Use of Flora”, Law of the Republic of Uzbekistan
“On Radiation Safety”, Uzbekistan Law of the Republic
“On Industrial Safety of Hazardous Production
Facilities” etc.
Most breaches of environmental law in England are
criminal offences and penalties can include fines and
imprisonment. In other European countries, such as
Denmark, France and the Netherlands, environmental
regulations are strictly applied in construction. It is a
complex issue whether we should consider a violation
of environmental legislation in construction as a crime
or not. While it is clear that environmental damage has
serious consequences, it is also important to consider
the intent of the company or individual responsible for
the damage. In some cases, the breach may be
intentional or a result of a lack of knowledge or
resources. The decision on how to apply environmental
legislation in construction depends on individual
countries and their legal systems.
According to Article 75 of the Federal L
aw No. 7 “On
Environmental Protection” dated January 10, 2002,
property, disciplinary, administrative and criminal
penalties for violations of the legislation in the field of
environmental protection in construction in Russia
liability is determined. More information about the
type of liability for violations of environmental
legislation in construction in Russia is provided in
Article 246 of the Criminal Code of the Russian
Federation and the Code of Administrative Liability of
the Russian Federation. Violation of environmental
requirements during project planning, technical and
economic
justification,
design,
placement,
construction, reconstruction, commissioning, and
commissioning of enterprises, facilities or other
objects is the basis for appropriate prosecution.
Volume 03 Issue 12-2023
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SJIF
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Publisher:
Oscar Publishing Services
Servi
One of the complex practical issues in law is the
qualification of environmental violations as a criminal
offence or an administrative offence. Similar elements
can be identified in the Criminal Code of the Russian
Federation and the Code of Administrative Offenses of
the Russian Federation about environmental crimes
and violations. The Code of Administrative Offenses of
the Russian Federation “On the Failure to comply with
environmental requirements in project planning,
feasibility study, design, placement, construction,
reconstruction,
commissioning,
operation
of
enterprises, structures or other objects” and
“Violation of the rules of environmental protection
during work production” in the Criminal Code of the
Federation can be an example of this. In both cases,
liability arises for violation of environmental protection
rules, the only difference is that to qualify the act as a
crime, harm to human health in the form of a
significant change in the radioactive background, mass
death of animals or other serious is the occurrence of
harmful consequences. The difference between
environmental crimes and administrative offences is
manifested in the subjective side of their composition,
in particular, crimes are characterized by the
intentional form of guilt, while administrative offences
that harm environmental safety can be committed
mainly due to carelessness or damage. will be
somewhat less.
China has a comprehensive legal framework for
environmental protection, which is the Law of the
People’s Republic of China “On Environmental
Protection”. This law is designed to protect and
improve the environment, prevent and control
pollution and other public hazards, protect human
health, and promote socialist modernization. The law
stipulates that units that cause environmental
pollution and other public risks must include
environmental protection activities in their plans and
create a system of responsibility for environmental
protection. Effective measures to prevent and control
pollution and damage to the environment with waste
gases, wastewater, waste residues, dust, foul-smelling
gases, radioactive substances, noise, vibration and
electromagnetic
radiation
generated
during
production and construction. it is also determined that
they must see it. The authorized divisions of the
Environmental Protection Department under the State
Council carry out unified control and management of
environmental protection works throughout the
country. The competent departments of the
environmental protection department of the local
people's authorities at the district level or higher carry
out unified control and management of environmental
protection works in the areas under their jurisdiction.
China updated its environmental protection law in 2015
to impose tougher penalties
on “builders” of pollution.
The most important point of this law is that even non-
governmental non-profit organizations are allowed to
file lawsuits against construction entities in the interest
of the public. We believe that reflecting the same
proposal to the legislature of the Republic of
Uzbekistan can create the ground for more non-
governmental organizations to “take action” in this
field. In addition, China has introduced a mechanism to
reward individuals who help improve the environment,
especially those who detect and report pollutants.
This, without a doubt, motivates both the state sector
and the non-state sector to play an important role in
this regard.
If we look at the experience of Japan, it can be noted
that the environmental protection laws are divided
into several special groups. Japan has a Basic
Environmental Law, which is designed to protect the
environment and help create a sustainable society. The
law requires government, businesses and individuals to
work together to protect the environment and help
create a sustainable society. It also requires enterprises
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Publisher:
Oscar Publishing Services
Servi
to take measures to prevent environmental pollution
and minimize the impact of their activities on the
environment. Japan has also enacted several
environmental protection laws and regulations,
including the Air Pollution Control Law, the Water
Pollution Control Law, and the Waste Management
and Public Sanitation Law. These laws and regulations
establish environmental quality standards and require
enterprises to take measures to prevent and protect
the environment.
In the United States, environmental protection
regulations in construction are enforced by the
Environmental Protection Agency (EPA). The EPA sets
guidelines for the discharge of pollutants into water in
the United States, and failure to comply with local and
federal environmental requirements can result in
significant financial penalties, civil actions, and even
criminal prosecution.
The construction industry is a major contributor to
environmental pollution, and many countries are
implementing various regulations to reduce its impact.
According to the World Economic Forum, the
construction industry should adopt a clear definition of
what net zero carbon means, and the industry should
adopt a lifetime carbon assessment and set clear
targets for the sector's decarbonisation. The report
also notes that cities the size of Paris are built every
week, but less than one per cent of them are assessed
for carbon footprints.
CONCLUSIONS
Based on the above analysis, in our opinion, we can
divide the impact of environmental regulations on the
construction industry into several classifications:
1) Environmental impact of construction activities: The
construction industry is resource-intensive and can
cause various environmental impacts, such as habitat
destruction, soil erosion, air and water pollution, and
deforestation. If effective legal measures are not
taken, these actions can cause long-lasting
environmental damage.
2) Measures that threaten legal liability: Clearly defined
legal liability serves as a deterrent to environmentally
harmful practices. Construction companies and
individuals involved in the industry can use sustainable
methods and technologies if they know that they can
be held legally responsible for any environmental
damage caused during their activities.
3) Regulatory compliance: Improved legal protection
ensures that construction projects comply with
applicable environmental regulations and standards. It
provides a framework for preventing, monitoring and
enforcing compliance with unauthorized or negligent
actions that may harm the environment.
4) Responsibility for environmental restoration: Legal
frameworks should create mechanisms to hold parties
responsible for environmental damage. This includes
environmental restoration provisions that require
responsible parties to restore or mitigate negative
impacts caused by their construction activities.
5) Encouraging sustainable environmental practices:
Legal systems should encourage the adoption of
sustainable practices by promoting environmentally
friendly construction methods. These include tax
incentives, regulatory incentives, or preferential
treatment in the procurement process for companies
that demonstrate a commitment to environmental
responsibility.
6) The participation and transparency of interested
parties: Legal frameworks should facilitate the
involvement of various interested parties, including
local communities and environmental organizations, in
decision-making processes related to construction
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Servi
projects. Transparency of the permitting and approval
process ensures adequate resolution of environmental
issues.
There are also some suggestions for improving the
legislation.
In particular, the penalties for violations committed
during
the
construction
process
should
be
strengthened. In particular, it is necessary to include in
the Criminal Code of the Republic of Uzbekistan the
norms of “Failure to comply with the requirements of
atmospheric air protection”, which will ensure that
criminal liability is introduced against persons who
have repeatedly committed Article 88 of CAL (Code on
administrative liability) or caused a large amount of
damage.
In addition, monitoring and reporting mechanisms
need to be strengthened. In this case, we believe that
the permission given by the citizens should not be
obtained by the party constructing the building, but by
the relevant div after explaining the consequences of
the future construction to the citizens.
In addition, we believe that the transfer of legal action
to non-governmental organizations will help prevent
such crimes in the country. If we present this authority
not only to state bodies but to other sectors, we
believe that we would greatly help ourselves in
achieving the strong monitoring system that we are
proposing. That is, we believe that it is necessary to
amend Article 215 of the Criminal Code as follows:
“Supervisory bodies shall have the right to apply to the
courts with applications for the application of legal
measures.
Non-governmental
and
non-profit
organizations can also apply for the termination of the
activities of objects that hurt the natural
environment.”.
We can say that the lack of appropriate incentive
measures to ensure the friendly attitude of citizens or
legal entities towards nature in the field of
construction creates the possibility of violations of
laws in this field. Therefore, contractors and citizens
who set a good example in construction and use
environmentally friendly materials should receive
appropriate privileges in this regard. This can have a
positive effect on the reduction of law violations in the
field and, most importantly, on the stability of the
environment.
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