Evidences and substantiation in application of juridical responsibility of the trespass for the environment
There is an expression that says “The art of justice is the ability to substantiate”. Likewise almost universally recognizable, that the essence of juridical procedures are evidences and vindication, while procedural rules of substantiation (procedural form) designated in the regulatory norms can effectively help, or in some circumstances even obstruct the process of substantiation. The clause 1 of the article 61 of the Law on Environmental Protection of the Republic of Lithuania disclose the concept of “environment”, which means the system functioning in nature and comprising its interconnected components (the earth's surface and entrails, air, water, soil, flora and fauna, organic and inorganic substances), as well as natural and anthropogenic ecological (created by human being for their liveliness or highly varied) systems1. While escalating the question on the responsibility for the trespass of environment, we will analyse major aspects of evidences and substantiation on the application of administrative and criminal persecution, notwithstanding the fact that damage for the environment can include civil and disciplinary liability or requirement to restore the previous state of the environment, etc.
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