Lessons 23 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
23
Liability for environmental offences
Textbook: pp. 122–126
GoalExplain the kinds of environmental liability, the signs of environmental offences and crimes, and distinguish liability by age.
New words
an unlawful, guilty act that breaks environmental rules and harms nature · Ekologik huquqbuzarlikcompensation for damage caused to the environment · Zararni qoplashdisciplinary liability: a measure imposed by an employer on an employee · Intizomiy javobgarlika crime that causes serious harm to the natural environment · Ekologik jinoyat
Explanation
Environmental liability means the coercive measures applied to an offender when nature-protection rules are broken. It has several kinds: disciplinary (applied by an employer to an employee who breaks rules), administrative (measures such as a fine), civil-law (compensation for damage caused) and criminal liability. Administrative liability applies, for example, to cutting trees without permission, dropping rubbish in the street or using water in breach of the rules. Criminal liability is set for especially dangerous acts: serious pollution of the environment, destroying or damaging forests and plants, illegal hunting and fishing, destroying rare species, and also causing a forest fire through negligence. Liability usually begins at 16; for damage caused by younger children the law may require their parents or guardians to pay compensation. Because environmental harm often affects a large area and is hard to repair, the law pays special attention to prevention.
Worked examples
Tourists lit a campfire in a forest under adult supervision but did not put it out when leaving, and in the wind the fire spread and burned trees. This is damaging a forest through negligence and, with serious consequences, may lead to criminal liability, or with minor harm administrative liability and compensation. A campfire may be lit only by adults in a permitted place and must be fully put out.
A local workshop let production waste flow into a canal without permission and water quality worsened. The head of the enterprise is liable; the damage is assessed and compensation demanded, and if there was intent or a grave consequence the elements of a crime are also examined.
Class activity
Liability chain: the class sorts three invented cases into administrative, civil or criminal liability and explains which feature decides the type.
Practice
1
Write the four kinds of environmental liability.
Disciplinary, administrative, civil-law (compensation) and criminal.
2
Which liability does cutting a tree without permission usually lead to and why?
Administrative liability (a fine) if the harm is not large; with great harm or repetition criminal liability is possible.
3
Why must a campfire be lit only by adults and fully put out?
Because if embers remain the wind spreads the fire, and a forest fire is dangerous for people and nature.
4
Why is compensation an important kind of environmental liability?
Because it aims to restore what was damaged; the offender covers the harm with money or restoration work.