Analysis shows water resources use violations in Ukraine warrant aggravating circumstances to enhance protection of aquatic ecosystems.
Administrative liability, in particular in the field of water resources use, is an important mechanism for preventing crimes in the field of nature protection. Aim. Clarification of the essence and features of administrative liability in the field of water resources use in Ukraine. Materials and Methods. An analysis of current regulatory legal acts on individual issues of administrative liability in the field of water resources protection was conducted. Results. A legal analysis of individual administrative offenses in the field of nature protection and the use of natural resources was conducted, which are provided for by separate articles of the Code of Ukraine on Administrative Offenses: Article 59 of the Code of Administrative Offenses "Violation of the Rules for the Protection of Water Resources"; Article 60 of the Code of Administrative Offenses "Violation of the Rules for Water Use"; Article 61 of the Code of Administrative Offenses "Damage to Water Management Structures and Devices, Violation of the Rules for Their Operation". In order to avoid a conflict between the entry of records of relevant operations into ship documents (Article 62 of the Code of Administrative Offenses) and Part One of Article 366 of the Criminal Code of Ukraine, the authors propose to add the occurrence of grave consequences to the latter norm as a mandatory feature. In Part Two of Article 366 of the Criminal Code of Ukraine, the authors propose to add such an aggravating circumstance as the causing of particularly grave consequences by such an action. Conclusions. Today, in conditions of a full-scale war, the state continues to actively introduce measures to preserve and restore the aquatic ecosystems of our country. Along this path, the existing norms of administrative liability in the field of water resource use need to be improved.
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Bantyshev et al. (2025) studied this question.
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