Violations of environmental regulations and ecological crimes are increasingly strictly regulated in Georgia. This category includes actions that damage natural resources, cause pollution of air, water, or soil, or violate rules for using natural resources. Chapter XXXVI (Articles 287-306) of the Criminal Code of Georgia is entirely dedicated to crimes against environmental protection rules. Liability can be imposed on both individuals and company directors or managers. Offenses include improper management of hazardous waste, pollution of water bodies, illegal logging, illegal use of subsoil resources, and atmospheric air pollution. Penalties range from heavy fines to actual imprisonment, depending on the extent of damage caused to the environment. Furthermore, criminal liability is often accompanied by civil lawsuits demanding compensation for environmental damage amounting to thousands of Lari.
What Does Environmental Crime Defense Cover?
Lawyers available on Legal.ge offer specialized defense requiring both legal and ecological knowledge:
- Criminal Defense: Representation during investigation and trial for charges of environmental crimes.
- Ecological Expertise: Engaging independent experts to assess the actual environmental damage and challenge the prosecution's damage calculations.
- Administrative Disputes: Appealing fines and decrees issued by the Department of Environmental Supervision.
- Compliance Audit: Advising companies on how to avoid environmental violations and develop waste management plans.
- Damage Compensation Disputes: Defense in civil proceedings where the state claims monetary compensation for environmental damage.
Common Situations and Scenarios
Environmental crime charges are often related to:
- Factory Emissions: Operating without filtration systems, leading to air pollution.
- Wastewater Discharge: Dumping sewage or industrial water into rivers without treatment.
- Waste Management: Illegal dumping of construction or toxic waste in unauthorized landfills.
- Illegal Construction: Building infrastructure in protected areas or forest funds without permits.
Georgian Legal Framework
The main regulators are the Criminal Code of Georgia (Articles 287-306) and the Law on Environmental Protection. The "Waste Management Code" and the "Law on Water" are also significant. Criminal liability arises when the act causes "significant damage" to the environment. Calculating the amount of damage is done using a specific methodology, knowledge of which is essential for a lawyer, as the line between an administrative fine and criminal liability often depends on the damage amount.
Step-by-Step Service Process
Defense stages include:
- Inspection: Visiting the site and taking samples.
- Document Analysis: Reviewing environmental impact permits and decisions.
- Procedural Strategy: Working to reduce the calculated damage or disprove guilt (e.g., force majeure).
Why Choose a Specialist on Legal.ge?
Environmental law is a niche and technical field. On Legal.ge, you will find lawyers who understand environmental regulations and can protect your business or personal freedom from baseless or excessive charges.
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