| Abstract [eng] |
Pecuniary liability for damage to the environment could be described as one of the types of legal liability which is applied in case of harm to the environment and separate natural components, when natural and legal persons, having done damage to the environment or caused the danger of such damage, have to compensate it. Meanwhile, the principles of pecuniary liability for damage to the environment are stated legal doctrines or judicial practices or the main provisions fixed in some certain legal norms embodying the essence of pecuniary liability for damage to the environment. The principle “polluter pays” means that all the liability, including pecuniary liability, for pollution or damage inflicted when using natural resources devolves to polluters or consumers, i.e. all the economic and social losses, arising from pollution and use of resources, have to be reimbursed by polluters (consumers) themselves. The principles of prevention against damage and of carefulness establish everybody’s duty to behave carefully and take all necessary measures to prevent damage. The essence of the principle of liability only in case of guilt means that liability is applied only for person’s guilty activities. Moreover, in every case of pecuniary liability for damage to the environment the principle of full reimbursement of damage is applied, which means that a person having caused damage to the environment has to compensate losses fully, i.e. to return the environment into such a state as it should be if damage has not been done. The last principle analysed in this paper as regards the source of damage means that damage to the environment should be compensated, first of all, in the place where its source lies. The paper aims at giving the legal analysis of the principles of pecuniary liability for damage to the environment and their practical application, revealing their concept, kinds and content of separate principles, meaning and peculiarities, as well as problematic aspects, their place in the system of the principles of the environmental protection. It was also attempted to present analysed judicial practice, arguments which are topical for this work and stipulate one or another solutions as regards the content of the solutions of both Lithuanian courts and the European Court of Justice, as well as to analyse the application of the principles studied in everyday life. |
