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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF BELARUS

of September 29, 2022 No. 5

About application by courts of the legislation on indemnification caused to the environment when implementing economic activity

Having discussed results of the generalization of court practice on cases on indemnification caused to the environment when implementing economic activity (further - the harm done to the environment), for the purpose of the correct and uniform application of the legislation the Plenum of the Supreme Court of the Republic of Belarus DECIDES:

1. Draw the attention of the courts considering economic cases (further - courts) that the correct and timely hearing of cases about indemnification, caused to the environment, is important means of environmental protection and ensuring constitutional right of citizens on the favorable environment. Assignment of obligation on compensation of damage suffered is directed to recovery of the broken state of environment, the prevention of violation of the law in this sphere, intended to promote rational use of natural resources, preserving biological and landscape diversity, ecological equilibrium of natural systems.

2. For violation of the law about environmental protection civil, administrative, criminal and other responsibility according to legal acts is established (part one of article 99 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "About environmental protection").

At the same time involvement of person who did harm to the environment to administrative, criminal and other responsibility (for example, disciplinary responsibility) does not exempt such person from the indemnification caused to the environment (part two of article 99 of the Law of the Republic of Belarus "About environmental protection").

3. By hearing of cases about indemnification, caused to the environment, courts should be guided by the Civil code of the Republic of Belarus (further - group of companies), the Code of the Republic of Belarus about subsoil, the Code of the Republic of Belarus about the earth, the Water code of the Republic of Belarus, the Forest code of the Republic of Belarus, the laws of the Republic of Belarus "About environmental protection", of November 12, 2001 No. 56-Z "About protection of ozone layer", of June 14, 2003 No. 205-Z "About flora", of July 10, 2007 No. 257-Z "About fauna", of July 20, 2007 No. 271-Z "About the address with waste", of December 16, 2008 No. 2-Z "About protection of atmospheric air", of January 7, 2012 No. 340-Z "About sanitary and epidemiologic wellbeing of the population", of July 18, 2016 No. 399-Z "About the state environmental assessment, strategic ecological assessment and environmental impact assessment", of November 15, 2018 No. 150-Z "About especially protected natural territories", presidential decrees of the Republic of Belarus of March 21, 2018 No. 112 "About hunting and maintaining hunting economy", of July 21, 2021 No. 284 "About fishery and fishing economy", the resolution of Council of Ministers of the Republic of Belarus of April 11, 2022 No. 219 "About dachshunds for determination of the amount of the indemnification caused to the environment, and procedure for its calculation" (further - the resolution No. 219), the Regulations on procedure for calculation of the amount of the indemnification caused to the environment, and creation of the act of damnification factual determination to the environment, approved by the resolution No. 219 (further - the Provision), and also other regulatory legal acts.

At the same time it is necessary to consider the basic principles of environmental protection on which the economic activity of legal entities and individual entrepreneurs making impact on the environment shall be based. Proceeding from article 4 of the Law of the Republic of Belarus "About environmental protection", treat their number, in particular, precautionary nature of environmental measures and to prevention of harm to the environment; the paid nature of the special environmental management and indemnification caused to the environment; admissibility of impact of economic activity on the environment taking into account requirements in the field of environmental protection; presumption of ecological danger of the planned economic activity.

4. It must be kept in mind that the basis for involvement of the legal entity or the individual entrepreneur, performing economic activity (further if other is not provided, - person), to civil responsibility causing harm by them to the environment is (part one of article 101 of the Law of the Republic of Belarus "About environmental protection").

According to the paragraph to the seventh article 1 of the Law of the Republic of Belarus "About environmental protection" the harm done to the environment is understood as the negative change of the environment or separate components of the environment, natural or natural and anthropogenous objects having money value expressed in their pollution, degradation, depletion, damage, destruction, unlawful taking and (or) other deterioration in their condition as a result of the harmful effects on the environment connected with violation of requirements in the field of environmental protection, other violation of the law.

5. It must be kept in mind that the list of the facts in case of which establishment harm to the environment is considered caused is provided in subitem 1.1 of Item 1 of the resolution No. 219 and is not exhaustive.

Proceeding from the paragraph of the twenty fourth of part one of subitem 1.1 of Item 1 and the note to paragraph one of part one of subitem 1.5 of Item 1 of the resolution No. 219, cannot be carried to the damnification facts to the environment:

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