CRIMINAL LIABILITY FOR ECOCIDE IN FOREIGN COUNTRIES: A COMPARATIVE LEGAL PERSPECTIVE

Abstract

One of the consequences of the full-scale aggression of the Russian Federation against Ukraine is the irreparable damage to the ecosystem of our state. The large-scale environmental losses caused by military actions compel a closer examination of the issue of protecting the environment from ecocide by criminal-law means. It is noted that despite the existence of 46 criminal proceedings initiated under Article 441 of the Criminal Code of Ukraine, “Ecocide”, in the years 2013–2025, no individual has been served with a notice of suspicion. It is observed that when studying criminal liability for ecocide under Ukrainian legislation, a comparative legal analysis of criminal liability for ecocide in the legislation of certain foreign countries may be useful. The main approaches to defining the concept of “ecocide”, the elements of its corpus delicti, and the types of punishment provided for in foreign criminal codes – specifically those of Belgium and France – are examined. In addition, international initiatives aimed at recognizing ecocide as the fifth international crime are considered, including expert-proposed amendments to the Rome Statute of the ICC, the EU Directive 2024/1203, and the Council of Europe Convention of 2025. Special attention is given to the legislation of post-Soviet countries, which contains provisions on ecocide that are similar in content but differ in structure and severity of punishment. It is proposed to incorporate into Ukrainian legislation the positive experience of Belgium (elements of the crime, legal certainty, liability of legal entities) and Georgia (a qualifying element – commission of ecocide during wartime). It is noted that such an approach would make it possible to develop a two-component model of the crime: ecocide in peacetime and ecocide in wartime, which would meet both international legal requirements and the current security realities of Ukraine.