Legal nature of claims for environmental damage (analysis of judicial practice in cases on illegal waste disposal)

Introduction: the article discusses controversial issues of judicial practice in cases of compensation for damage to the natural environment of illegal waste disposal. Purpose: to characterize the nature of the legal requirements for the restoration of the disturbed state of the environment through remediation. Methods: the study was used as a general scientific and public-scientific methods of scientific knowledge: the dialectic, the formal-logical, legalistic. Results: the author concludes that the courts in such cases is often mistakenly qualify for reimbursement of duties of the subjects of environmental damage as tort liability.Requirements for holders of land can not be regarded as resting on civil liability for damage caused to the environment. In this case, it is a compulsion to fulfill environmental obligations arising from the law or the contract. The scope and basis of claims to the municipal authorities must also be different. Their duties are of a public nature. Failure to perform duties in the municipal waste management can be challenged in court. This omission violates the right of citizens to a healthy environment. Cases should not be in the order of action production, as in the above examples, and in the order of proceedings arising out of public relations. Conclusions: measures of state enforcement are not always the responsibility.