What Article 287 of the Criminal Code of Georgia regulates
Article 287 of the Criminal Code of Georgia establishes liability for the violation of environmental protection rules during the conduct of works. This norm is directed at the protection of ecological safety and applies to persons whose activity is connected with industrial, agricultural, scientific or other facilities. The offence is considered committed only where the violation of the rule has caused a concrete grave consequence.
If your company, or you personally, are facing a charge under this article, or if a case of damage to the environment concerns you, it is important to understand precisely what this norm requires, at which stages it applies, and what punishment is provided. Below, the composition of this offence and the main directions of defence work are described in detail.
The composition of the offence — what conduct is punishable
Under the law, the objective side of the offence covers the violation of environmental protection rules at various stages of a facility's life cycle. In particular, the norm applies to the following stages of an industrial, agricultural, scientific or other facility: design, placement, reconstruction, construction, commissioning into operation, and operation. Liability may therefore arise both during the operation of a facility that is already functioning and at the stage of its design or construction.
A necessary element is the existence of a consequence. Under the law, the violation of the rule must cause: a substantial deterioration of the radiation background, damage to human health, mass destruction of animals or of the plant world, or another grave consequence. If these consequences do not exist, the violation of the rule may entail other forms of legal liability, but no offence under this article has been committed.
Each of the consequences listed in the law requires special assessment. A substantial deterioration of the radiation background means a situation where the radiation indicators in the environment change significantly and that change is connected with industrial or other activity. Damage to human health means a worsening of the state of health as a result of the act, established by a medical conclusion. Mass destruction of animals or of the plant world concerns the simultaneous and extensive damaging of objects of living nature. The concept of another grave consequence covers consequences that are comparable in their character to those listed — its content depends on the concrete circumstances of the case.
Particular attention is devoted to the subjective side: the offence requires the establishment that the person was in fact able to comply with the rule and was aware of the danger of his or her conduct. The content of the rule — what requirements applied to the facility at each stage — is defined in the relevant technical and normative documents, and it is the comparison with those requirements that forms the basis of the charge.
The punishment — what the law provides
An act provided for by this article is punishable by a fine or by imprisonment for a term of two to five years, with deprivation of the right to hold office or to carry out an activity for a term of up to three years or without such deprivation. There are thus two principal kinds of punishment — a fine and imprisonment — and they may be accompanied by the special punishment of deprivation of the right to hold a position or to carry out an activity.
Deprivation of the right to hold office or to carry out an activity is particularly significant for persons who manage an enterprise or hold a responsible position: such a punishment may mean being barred from involvement in the corresponding activity for a defined period.
How a lawyer builds the defence in a case under this article
The central questions of the defence in cases of this category are: whether a violation of environmental protection rules existed at all and what the content of that rule was; whether causation between the violation and the established consequence is substantial; and whether the consequence is indeed grave within the meaning of the law. A lawyer works on the expert conclusions — ecological, radiological, medical and industrial-technical assessments — and verifies their soundness.
It is frequently disputed which concrete rule was violated and whether the operational documentation of the facility corresponded to the requirements. A lawyer studies the project documentation, the materials of the environmental impact assessment, production logs and other documentary evidence. The legality and formal correctness of the inspections conducted by state control bodies are verified separately.
From the position of the injured party, a lawyer works on the complete documentation of the damage and on ensuring that the consequences are properly assessed. The procedure for conducting the case and the time limits are established by other acts of procedural legislation.
Our team offers consultations on environmental law questions both to accused persons and to injured parties. Contact us — we will assess your situation and build a defence strategy.