| Abstract [eng] |
The relevance of this study. With the growing influence of legal entities, the financial power and the consumption needs of the population, the occurrence of environmental damage, human health and other values protected by legal acts are threatened accordingly. The constitutional bases for the protection of the natural environment, the use of its individual objects and the legal regulation of relations are enshrined in the provisions of, inter alia, Articles 47, 53 and 54 of the Constitution of the Republic of Lithuania. These two values enshrined in the Constitution and the jurisprudence interpreting its provisions raise the need to introduce a balance of rights and obligations into Lithuanian legal acts regulating economic activity and environmental protection, which would systematically and clearly ensure the balance of individual rights to a clean environment and freedom of economic activity. The legislator has a constitutional duty to regulate economic activity in such a way that it complies with universal values and performs such economic functions that satisfy the needs of society at the same time and do not harm the common good. The main problem. The uncertainty and inconsistency legislation governing of all environmental legal relations and liability, the excessive abundance and the frequent conflict of their application and interpretation shape the complex implementation of the legal framework and the contradictory case law. With regard to the question of the legal liability of a legal person, there is no consensus and practice as to who should be held liable for the infringement committed and whether the application of double punishment, both to employees of legal persons and to the legal person itself, does not infringe the non bis in idem principle. The following tasks: 1. To reveal the concept and social significance of legal regulation of liability of legal persons for environmental damage. 2. Evaluate the effectiveness and adequacy of the regulation of existing legislation in applying legal liability for environmental damage to legal persons. 3. To analyze the peculiarities of court practice related to the legal regulation of the liability of legal persons for environmental damage. The aim of this work to evaluate the effectiveness of legal regulation of legal persons' liability for environmental damage and the problems of its application. The paper concluded that one of the biggest problems causing various misunderstandings is the abundance of laws and regulations governing environmental relations and their extremely frequent changes. The legal acts that make up the regulation of environmental law are multi-level, there are a lot of laws and by-laws detailing them, as well as many institutions that follow and enforce them. This complicates the application of this legislation in both institutions and case law and hinders the effective implementation of environmental objectives by the state. The novelty Due to the extremely frequent changes in the laws and the possibilities of applying the liability of legal persons, which have been expanded in recent years, this topic has not been widely analyzed yet, especially in terms of administrative liability applied to legal persons. Also, due to the infrequent application of this institute of responsibility, there is little case law that would help to interpret the regulation of laws and the conditions of legality of practical application, so the analysis of the topic of this work will help to reveal and identify the main shortcomings of current regulation. As the result taking into account the specificities of all types of liability, the most effective form of liability for legal persons is administrative liability through economic sanctions, which is one of the most effective means of proportionate punishment in the most optimal time to deal with environmental damage and remedies. The used methodology document analysis, systematic analysis, comparative, logical-analytical method, and generalization methods. |
