DISTINCTIVE FEATURES OF CIVIL LEGAL LIABILITY FOR ENVIRONMENTAL OFFENSES COMMITTED AGAINST NATURAL OBJECTS

Аннотация

This article examines issues of compensation for damage to nature caused by environmental offenses and civil liability. The mechanisms for compensating damage to land, atmospheric air, water resources, and forests are analyzed, and the relevant legislation of the Republic of Uzbekistan is studied. The importance of measures to protect nature and prevent environmental offenses is highlighted. Keywords: environmental offense, civil liability, nature protection, land code, atmospheric air, water resources, forests, damage compensation, environmental risk, legislation. Despite difficulties, humanity must protect nature, hold offenders accountable, recover damages, and thereby prevent environmental hazards. Land, as the main subject of civil-legal relations in society, also needs protection. Damage to land and soil as a result of environmental offenses directly affects the environment, i.e., productivity decreases and income sharply declines, microorganisms die, causing a break in the ecological chain. In addition, as a result of damage to land caused by environmental offenses, the amount of underground resources is decreasing, and the ecological characteristics of water sources, forest environments, and underground minerals are declining. This, in turn, increases the importance of civil liability measures for environmental offenses related to land and land use. The Land Code of the Republic of Uzbekistan clearly defines the procedure for land and land use. The Code stipulates compensation for damage caused to land. It is incorrect to understand land use as only referring to the land surface. Land use also includes the use of subsoil. According to Article 48 of the Law of the Republic of Uzbekistan "On Subsoil" No. 444-II dated December 13, 2002, damage caused to a subsoil user by other persons must be compensated in accordance with the legislation. If rich areas of mineral deposits are selectively used, as well as in other actions (inaction) that led to the decommissioning of the mine or the creation of conditions that partially or fully exclude the possibility of future use of the 29 DEVELOPMENT AND INNOVATIONS IN SCIENCE International scientific-online conference subsoil area, the damage caused to the state as a result of the activities of the subsoil user guilty of these actions must be compensated from the funds of the subsoil user in accordance with the legislation. Another object for which damage calculation is complex in civil liability is atmospheric air. Air pollution negatively affects not only human health but also fauna and flora. Today, the development of industry and the increase in production volumes are causing a sharp increase in the degree of air pollution. Therefore, along with establishing liability for offenses to prevent air pollution, it is important to consider the issue of recovering damages. Article 29 of the Law of the Republic of Uzbekistan "On Protection of Atmospheric Air" establishes liability for violation of legislation on air protection. According to this article, individuals and legal entities must compensate for damage caused as a result of violating legislation related to air protection. Protection of water and water bodies, as an important source of life for all living beings on Earth, is also relevant today. It is no secret that many water bodies are being polluted due to the dumping of household waste and various chemicals by individuals and legal entities, and as a result of violations of water use rules. This is considered a violation of water protection regulations. According to Article 117 of the Law of the Republic of Uzbekistan "On Water and Water Use" No. 837-XII dated May 6, 1993, enterprises, institutions, organizations, agricultural cooperatives (companies), farms, and citizens must compensate for damages caused by violation of water legislation in the amount and manner prescribed by law. Of course, any person who has committed an environmental offense must compensate for damage caused to water, water bodies, and water resources. The amount of damage is calculated based on the nature of the violation of water use conditions and the amount of funds actually spent. If the damage was caused by enterprises and organizations due to the completion of water use or changes in water use conditions, instead of compensating for the damage, they can correct and restore the violated conditions of water use with their own forces and means. The only condition is that compensation for damage must be deemed inappropriate. Another important object for humanity, not only for humanity but for all living beings on Earth and nature, is forests. Since forests are a complex unit closely connected with wildlife and atmospheric air, it is important to protect them. Unfortunately, today forests are being damaged due to illegal cutting of trees in forest areas, fires caused by carelessness, and other such factors by humans. To 30 DEVELOPMENT AND INNOVATIONS IN SCIENCE International scienti