Danilova N.V. Responsibility for damage to the environment under the civil law: problems of theory and practice

Abstract: The problems of the implementation of institution of civil-legal responsibility for damages to the environment become the subject of this research. The author presents the issue of the limitation of principles and norms of the civil legislation in regulation of the environmental relations. Analyzing the category “environmental harm” from the position of interests protected by law, the author focuses her attention on the fact that inflicting damage to the environment simultaneously infringes on both, the public environmental interests, and the property rights of private parties. In cases of conflict of interests often emerges the problem of prioritizing protection. Based on the analysis of the acting legislation and legal practice it is evident that the institution for reimbursement of environmental damages does not fulfill its main compensational and restorative function. The author draws a conclusion that in addressing the requests for compensation of environmental harm it is necessary to limit the type of protect such as reimbursement of losses.

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