For large corporations and developers, the environmental impact assessment (EIA) procedure often looks like an annoying formality. There is a temptation to cut costs by ignoring the "red tape," or to conduct the assessment superficially. In environmental law, however, an error in documentation can cost someone their freedom and result in significant financial losses.
What can be considered a red line?
Criminal liability arises if a violation of the EIA procedure or disregard for environmental requirements causes serious consequences — land contamination, emissions, or illness among people.
Who is liable, and for what?
Civil liability: Millions in damages for harm caused to the environment (including potential harm) are borne by the company. This hurts the budget, but not one's freedom.
Criminal liability: A notice of suspicion under Article 236 of the Criminal Code (violation of environmental safety rules) is served on a specific individual — not an "abstract corporation," but the director, chief engineer, or project manager whose signature appears (or should have appeared) on the documents. The sanction under this article provides for imprisonment of between 5 and 10 years, which means there is virtually no possibility of a suspended sentence.
It should be noted that an entire chapter of the Criminal Code of Ukraine is dedicated to environmental offenses — yet it is specifically for violations of the EIA procedure that the most severe punishment is prescribed, as these actions are often the root cause of other criminal offenses provided for in that chapter.
Environmental compliance is not about "love of nature" — it is about the safety of the business, its management, and those around it.
