Juridinių asmenų administracinė atsakomybė aplinkosaugos srityje: griežtos atsakomybės doktrinos įtvirtinimo galimybė

Abstract

The doctrine of „strict liability“ is the exclusion of faultbased 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.
However, in Lithuania still the problem of legal entity administrative liability in the sphere of environment protection remains topical, as in Lithuania fault-based liability theory is valid. The problem of establishment the fault of legal entities is especially topical in the environment protection sphere, however, the consolidation of „Strict Liability“ doctrine could solve this problem.
The practice of foreign countries confirms that „Strict Liability“ doctrine is employed in both the context of civil and criminal liability. That means that this doctrine can also be consolidated in the context of „milder“ form legal liability, i.e. administrative liability.
„Strict Liability“ doctrine should be consolidated not for all but for the most dangerous administrative law violations of legal entities in the sphere of environment protection. „Strict Liability“ doctrine should be consolidated in the Administrative Law Violations Code by establishing that for certain dangerous administrative law violations in the sphere of environment protection clearly defined in the code administrative liability are applied for legal entities irrespective of their fault.
After consolidating such a provision the legal entities would be called to administrative liability for dangerous administrative law violations and those which could condition big harm to environment by proving only their participation in violating the norms of environment protection law, but not by proving their fault.
The consolidation of „Strict Liability“ doctrine for the most dangerous violations of administrative law in the sphere of environment protection for legal entities would determine the inevitability of liability of legal entities, implementation of prevention principle, would correspond to the aims planned in state long-term development strategy and national sustainable development strategy and would be one of the ways to ensure the demand of society to live in healthy and clean environment.