Violation of environmental protection rules during works (Article 287) is a specific crime concerning individuals conducting industrial, construction, or other types of works. This offense involves disregarding environmental norms during the design, placement, construction, or operation of facilities, resulting in significant environmental pollution, harm to human health, or mass destruction of animals. Charges usually face company directors, chief engineers, or environmental managers. For example, if a factory operates without a treatment plant, or construction proceeds in violation of EIA (Environmental Impact Assessment) conditions. Criminal liability arises when the violation leads to severe consequences. These cases are complex, requiring deep knowledge of technical regulations and establishing a causal link between the action and the result.
What Does Environmental Regulation Violation Defense Cover?
Lawyers on Legal.ge offer specialized corporate and individual defense:
- Technical Audit: Checking compliance of enterprise documentation, permits, and technological processes with legislation.
- Causality Research: Determining whether the company's activities truly caused the pollution or if it was due to other factors.
- Damage Reduction: Challenging the damage calculated by the state through an alternative audit.
- Liability Separation: Establishing who was responsible for safety rules within the corporate structure to avoid automatic liability of the executive.
- Administrative Disputes: Appealing fines and decisions on suspension of activities.
Common Situations and Scenarios
Charges are often related to:
- Construction: Illegal extraction of inert materials (sand-gravel) or improper construction waste management.
- Manufacturing: Malfunction or absence of filters leading to hazardous emissions.
- Energy: Altering riverbeds during HPP construction in violation of environmental permits.
- Accidents: Technological accidents resulting in oil or chemical spills.
Georgian Legal Framework
The main article is Article 287 of the Criminal Code. Liability arises if the violation causes significant environmental pollution or other grave consequences. Punishment can be a fine or imprisonment for up to 3 years (up to 5 years for grave consequences). The Environmental Assessment Code and technical regulations also apply. It is important to distinguish between administrative liability (fines from the Department of Environmental Supervision) and criminal liability.
Step-by-Step Service Process
The defense process includes:
- Expertise: Conducting engineering and ecological expertise.
- Negotiation: Presenting a damage remediation plan and plea bargaining.
- Court: Defense against charges.
Why Choose a Specialist on Legal.ge?
Industrial environmental crimes are complex. On Legal.ge, you will find lawyers who understand both business processes and environmental standards, which is essential for protecting your company and management.
Updated: ...