Environmental pollution is a broad concept that includes pollution of soil, water, and the sea with harmful substances. In Georgia, this is regulated by various articles of the Criminal Code (288 - Marine Pollution, 290 - Soil Pollution, 292 - Water Pollution). A crime occurs when there is illegal dumping, burying, or scattering of waste, chemicals, oil products, or other pollutants, causing ecosystem degradation, animal death, or danger to human health. Liability can be imposed on ship captains (for marine pollution), farmers (for improper pesticide use), and industrial facilities. Pollution cases are characterized by high fines and obligations to compensate for damages, which often exceed the criminal fine. The defense strategy requires a complex approach: identifying the source of pollution, laboratory studies, and reducing the volume of damages.
What Does Environmental Pollution Defense Cover?
Lawyers on Legal.ge offer full legal assistance:
- Water and Soil Pollution Cases: Defense against charges involving the discharge of harmful substances into rivers, lakes, or soil.
- Marine Pollution: Protecting the interests of captains and shipowners in cases of oil or sewage spills from ships.
- Hazardous Waste Management: Disputing whether rules for transporting and disposing of toxic waste were followed.
- Expertise: Alternative laboratory analysis of soil and water samples to refute prosecution data.
- Civil Liability: Adjusting the amount of damage compensation claimed by the state and negotiating a payment schedule.
Common Situations and Scenarios
Pollution charges are often related to:
- Oil Spills: Accidental spills at gas stations or during transport.
- Sewage Discharge: Direct discharge of fecal matter into the sea or river by hotels or factories.
- Agrochemicals: Excessive use of fertilizers and pesticides polluting groundwater.
- Illegal Landfills: Dumping construction or household waste in forests or riverbanks.
Georgian Legal Framework
The field is regulated by the Criminal Code and special laws ("On Water", "On Soil Protection"). Criminal liability arises in case of significant damage. For example, marine pollution (Article 288) is punishable by a fine or imprisonment for up to 3 years. Soil pollution (Article 290) - fine or imprisonment up to 3 years. The methodology for calculating damage is important and often contested.
Step-by-Step Service Process
Defense stages include:
- Audit: Studying environmental documentation.
- Sample Analysis: Engaging an independent laboratory.
- Court: Defense and damage reduction.
Why Choose a Specialist on Legal.ge?
Environmental pollution cases require ecological and legal knowledge. On Legal.ge, you will find lawyers who will help you handle ecological disputes and protect your rights.
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