Specialization in the Protection of Natural Resources: Why Is It Important?
Viktoria Litvinova, Deputy Prosecutor General
Article 50 of the Constitution of Ukraine guarantees every citizen the right to an environment that is safe for life and health. However, we recognize that the overall environmental situation and the measures taken to address it are far from optimal.
For this reason, in April 2021, environmental specialization was established in the prosecution service. A new structural unit, the Specialized Environmental Prosecutor's Office, was created within the Prosecutor General's Office, with the authority to protect the environment through criminal law.
During the three years of specialization, a new problem-oriented, comprehensive approach has been introduced instead of a situational response to individual crimes. Prosecutors not only deal with the consequences but also introduce mechanisms for preventive measures.
The results speak for themselves.
The environmental prosecutors have returned over 35 thousand hectares of protected land to the state.
For the first time, suspicions have been issued for crimes such as violation of plant protection legislation, illegal cross-border movement of hazardous waste, marine pollution, ecocide, and other types of crimes that have so far remained unaddressed by law enforcement agencies.
There has been an increase in the number of detected criminal offenses in environmental protection, indictments sent to court, and verdicts delivered. For instance, there were 1.9 thousand indictments for such crimes last year, compared to 1.4 thousand in 2020. Before the establishment of the environmental prosecutors' offices, in 2020, the courts delivered 811 verdicts, while in 2023, they delivered over 1,100—the number increased by 37%.
Prosecutors' specialization allowed them to focus more on specific directions and expose illegal schemes for using natural resources. The long-standing practice of avoiding environmental impact assessments when felling trees was stopped. The issuance of special permits for subsoil use, which were often granted without auctions, has been challenged in the courts. The same applies to illegal water use and other violations.
The Environmental Prosecutor's Office has exposed 101 organized criminal groups. Among them, 67 were related to forestry, and the rest to subsoil use. 313 criminal proceedings with signs of corruption have been submitted to court.
Russia's full-scale invasion has raised new challenges. Since February 24, 2022, the Environmental Prosecutor's Office has also been prosecuting war crimes related to environmental damage. So far, over 200 such proceedings have been registered, 15 of them for the crime of ecocide (Article 441 of the Criminal Code of Ukraine).
The important role of public and international organizations in the fight for a better environment should be noted. Through active cooperation with the civic sector, prosecutors are opening new proceedings based on their appeals and gathered information, identifying and resolving violations, including improper investigation of criminal proceedings.
The European integration of Ukraine necessitates the improvement of environmental practices. Consequently, we place great emphasis on the exchange of experience and remain committed to fostering positive developments in the field of environmental protection.