Juridinių asmenų administracinė atsakomybė aplinkosaugos srityje: griežtos atsakomybės doktrinos įtvirtinimo galimybė.
The doctrine of „strict liability“ is the exclusion of fault-based liability the prevailing and essential element of which is the employment of liability for persons without proving their fault. The aim of the doctrine is to prevent possible violators from indiscriminate behavior and unnecessary losses by forcing them to take all possible measures of caution. „Strict Liability“ doctrine is employed when calling to account for the most dangerous or especially dangerous actions. On the basis of „Strict Liability“ doctrine the legal entity becomes the subject of liability and must cover the damage done by his action independently of the presence of his fault and independently of the fact if he behaved cautiously and carefully. Although „Strict Liability“ doctrine traditionally was applied in tort and other liabilities the rapid development of branches of economy and increasing influence of this development on environment determined the consolidation of „Strict Liability“ doctrine in the sphere of environment protection. This doctrine has become a very important tool in dividing the risk „laid“ on the society of environment polluters and created prerequisites that the persons who had performed dangerous environment protection law violations would not evade liability and the burden of expenses for correcting the damage to environment would lay not on all the society, but on the persons who do not follow environment protection requirements. By the consolidation of civil liability for violations of environment protection law of economic subjects (i. e. legal entities) in the Republic of Lithuania Environment Protection Law irrespective of the blame of economic subjects an important step in consolidating „Strict Liability“ doctrine in the sphere of environment protection was made.
- Straipsniai / Articles