Directive (EU) 2024/1203 as a guldeline for criminal liability for environmental offenses in Ukraine

Abstract

This article examines the newly adopted Directive (EU) 2024/1203 and its role as a benchmark for reforming Ukraine’s criminal legislation on environmental o‾enses. The authors analyze key provisions of this document, which set minimum standards for the criminalization of environmental harm, aggravating circumstances, and sanctions. Special attention is paid to the Directive’s requirements for the inclusion of negligent acts, passive conduct, and unlawful actions involving hazardous substances or invasive species. It is argued that the current criminal legislation of Ukraine lacks several o‾enses required by the EU Directive, with additional gaps identified in the draft Criminal Code. Therefore, aligning national legislation with the Directive’s standards is essential. The analysis outlines key elements that must be addressed, including criminalization of negligent and passive conduct, illegality as a core o‾ense element, and the need for clear qualitative and quantitative thresholds. It emphasizes the importance of establishing liability for incitement, aiding and abetting, and di‾erentiating punishment based on o‾ense severity. The study supports recognizing unlawful handling of hazardous waste as a criminal o‾ense regardless of scale and using property damage as a key indicator of environmental harm. It also finds that current sanctions fall short of the EU Directive’s requirements and should be strengthened by combining imprisonment and fines to ensure fair and e‾ective enforcement.