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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier

Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026

241

ADMINISTRATIVE LIABILITY FOR ENVIRONMENTAL OFFENCES: PROBLEMS

AND PROSPECTS FOR LEGISLATIVE CHANGES

VIKTOR KLID

viktor.klid@pnu.edu.ua

PhD (Biological Sci.) Head of the Department of Forestry and Agrarian Management

Faculty of Natural Sciences Vasyl Stefanyk Carpathian National University

Ivano-Frankivsk (Ukraine) https://orcid.org/0009-0007-8310-433X

MYKHAILO ZORIA

mykhailo.zoria@tsatu.edu.ua

PhD (Engineering Sci.), Associate Professor Head of the Department of Civil Security

Faculty of Agricultural Technology and Ecology Dmytro Motornyi Tavria State Agrotechnological

University Zaporizhzhia (Ukraine) https://orcid.org/0000-0003-4461-4066

ARTEM POPSUI

artem.ol.popsui@gmail.com

PhD Student Department of Ecology Faculty of Forestry and Ecology Polissia

National University Zhytomyr (Ukraine) https://orcid.org/0009-0005-0898-5873

RUSLAN HERASYMCHUK

gerasymchuk_rv@ukr.net

Doctor of Philosophy, Associate Professor Department of Constitutional, Administrative and

Financial Law Faculty of Law Leonid Yuzkov Khmelnytskyi, University of Management and Law

Khmelnitskyi (Ukraine) https://orcid.org/0009-0007-9220-800X

YEVHENII KOLOMIIETS

kol.0880kolomiets@gmail.com

PhD (Public Administration), Associate Professor Department of Public Administration

Interregional Academy of Personnel Management, Kyiv (Ukraine)

https://orcid.org/0000-0003-0093-6733

Abstract

Environmental problems have increased in the context of economic globalization and

consumer behavior. This has led to the emergence of the green economy paradigm, which

requires the creation of legislative initiatives to achieve the stated environmental goals. The

purpose of the study was to identify the weaknesses and strengths of environmental

legislation in the leading countries of the world in achieving the goals of the green economy.

The study used the following methods of induction, deduction, analysis, synthesis,

systematization, logical comparison and statistical analysis. Authors identified trends in the

dynamics of carbon dioxide emissions and plastic waste in the United States, China, and the

EU for the period 1990-2022. Authors determined the probability of further changes based on

the trend line equations for carbon dioxide and plastic waste emissions. Among the problems

is the lack of strict and binding legal regulation of environmental issues, which demonstrates

the low effectiveness of environmental initiatives even in the United States and China. The

author demonstrated the feasibility of creating administrative responsibility for end users and

distributors to improve waste management efficiency and increase demand for green

products.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

242

Keywords

Green economy, environmental pollution, legal regulation, waste management, harmful

emissions.

Resumo

Os problemas ambientais têm aumentado no contexto da globalização económica e do

comportamento do consumidor. Isso levou ao surgimento do paradigma da economia verde,

que exige a criação de iniciativas legislativas para alcançar as metas ambientais estabelecidas.

O objetivo do estudo foi identificar os pontos fracos e fortes da legislação ambiental nos

principais países do mundo no que diz respeito ao cumprimento das metas da economia verde.

O estudo utilizou os seguintes métodos de indução, dedução, análise, síntese, sistematização,

comparação lógica e análise estatística. Os autores identificaram tendências na dinâmica das

emissões de dióxido de carbono e resíduos plásticos nos Estados Unidos, China e UE para o

período de 1990 a 2022. Os autores determinaram a probabilidade de novas mudanças com

base nas equações da linha de tendência para as emissões de dióxido de carbono e resíduos

plásticos. Entre os problemas está a falta de regulamentação legal rigorosa e vinculativa das

questões ambientais, o que demonstra a baixa eficácia das iniciativas ambientais, mesmo nos

Estados Unidos e na China. O autor demonstrou a viabilidade de criar responsabilidade

administrativa para os utilizadores finais e distribuidores, a fim de melhorar a eficiência da

gestão de resíduos e aumentar a procura por produtos verdes.

Palavras-chave

Economia verde, poluição ambiental, regulamentação legal, gestão de resíduos, emissões

nocivas.

How to cite this article

Klid, Viktor, Zoria, Mykhailo, Popsui, Artem, Herasymchuk, Ruslan & Kolomiiets, Yevhenii (2026).

Administrative Liability for Environmental Offences: Problems and Prospects for Legislative

Changes. Janus.net, e-journal of international relations. Thematic Dossier - Rule of Law, Human

Rights, and Institutional Transformation in Times of Global and National Challenges, VOL. 16, Nº.

2, TD3, March 2026, pp. 241-257. https://doi.org/10.26619/1647-7251.DT0226.13

Article submitted on 02 December 2025 and accepted for publication on 03 January

2026.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

243

ADMINISTRATIVE LIABILITY FOR ENVIRONMENTAL OFFENCES:

PROBLEMS AND PROSPECTS FOR LEGISLATIVE CHANGES

VIKTOR KLID

MYKHAILO ZORIA

ARTEM POPSUI

RUSLAN HERASYMCHUK

YEVHENII KOLOMIIETS

Introduction

In the modern world, there is a constant negative impact of humans on the environment,

which is caused by the consumer model of their behavior. This results in the depletion of

natural resources and environmental pollution, which requires an immediate search for

ways to protect the environment. After all, the negative impact on the environment is

manifested by changes in climate, air, water, and soil conditions, which in turn affects

the health and quality of life of the population. Therefore, the issue of environmental

protection is at the heart of political and legal discourse, given the scale of the cascade

of environmental problems and their consequences for society (Mikhno et al., 2021).

The issue of combating environmental pollution is being discussed at the global level,

through the creation of international communities and institutions to develop

mechanisms for protecting nature. Moreover, economic development is planned with due

regard for environmental impact. However, despite the obviousness of environmental

problems, a large percentage of entrepreneurs and consumers avoid the adopted

environmental protection rules due to the increased financial costs associated with them

(Merino-Saum et al., 2020). That is why educational and incentive-based conservation

initiatives have proven ineffective, leading to the need to engage legal mechanisms to

counteract environmental violations by citizens and entrepreneurs, which are expected

to be effective in the long run, but there is uncertainty about their actual effectiveness.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

244

Literature Review

Growing environmental problems associated with the development of production have

led to the emergence of the terms green economy and sustainable development, which

include strategic planning of economic processes in terms of their impact on the

environment and human well-being. The United Nations Environment Program, the

Global Green Growth Institute, the Green Economy Initiative, the Green Growth

Declaration, the Sustainable Development Strategy, and other documents that provide

for steps to preserve the environment were created to help countries cooperate in

addressing environmental issues (Merino-Saum et al., 2020; Sumets et al., 2022). These

programs include combating global warming by reducing greenhouse gas emissions by

42% to 52% by 2030, reducing fossil fuel production, reducing nitrogen oxide emissions

that deplete the ozone layer, preserving biodiversity and wildlife, combating land

degradation, plastic pollution, preserving freshwater ecosystems, and dealing with the

effects of natural disasters and armed conflicts (Abbasi et al., 2024).

In addition to economic cooperation, international associations of large enterprises also

have environmental goals, namely, they act within the framework of accepted

recommendations for conserving resources and reducing greenhouse gas emissions, and

create a competitive environment based on environmental friendliness. The effectiveness

of such market relations is explained by their scale, as according to the Organization for

Economic Cooperation and Development (OECD), 39% of greenhouse gas emissions are

produced by its members. Since the recommendations are mostly voluntary and focus

on the integrity of entrepreneurs and reputational risks, their effectiveness is limited, and

regulation is carried out in accordance with the laws of the country of origin (Tam et al.,

2021).

Although the modern paradigm of economic development has changed the vector from

financial prosperity to creating favorable natural and social conditions, conserving

resources, energy, and combating climate change, the problems of legal regulation of

environmental impacts are becoming an obstacle to achieving the stated goals (Tomaselli

et al., 2021). Fostering an environmentally friendly society involves many factors, but

the most effective are environmental projects that are adequately funded and

accompanied by effective regulation, governance, energy-saving technologies, and pro-

environmental policies (Huang et al., 2021).

Despite the creation of joint international environmental initiatives, researchers believe

that their success in practice varies significantly from country to country, depending on

economic capacity, financial and technological capabilities, as well as national

characteristics of population behavior (Wang et al., 2021). That is why these

environmental directives are rather a guideline that is implemented in different countries

in different ways. Moreover, even within the same country, the same initiative can have

different consequences, depending on the location, size, and ownership of the company.

For example, the introduction of green finance in China, although it helps to reduce

environmental pollution, has a different impact on the investment capacity of companies.

Namely, it has a negative impact on the investment behavior of privately owned medium

and small businesses, but a positive impact on state-owned large enterprises in the

western and eastern regions of the country (Zhang et al., 2021).

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

245

Another equally favorable legal system for environmental protection is that of the

European Union, which actively implements environmental legislation in member states

where more than 50% of laws are based on EU law. Moreover, the EU has an

Environmental Enforcement Commission that has access to companies and can file a

complaint against violations of environmental rules with the European Court of Justice.

In this way, the Commission can bring to administrative responsibility enterprises that

violate environmental legislation bypassing national courts (Oncioiu & Neacsu, 2023).

Thanks to strict regulation, the EU plans to reduce greenhouse gas emissions by 20%,

increase the use of renewable energy by 20%, and increase energy efficiency by 20% by

2030.

However, environmental legislation has faced new challenges due to the change in

economic models of businesses from local transactional markets to open international

relations involving e-commerce and social media to launch and promote products

(Kyriakopoulos, 2021). Thus, the globalization of the economy has led to a decrease in

the effectiveness of administrative regulation of environmental offenses due to changes

in logistics chains, expansion of production geography, and the use of digital

technologies. This is due to the lack of unified environmental standards that differ from

country to country in relation to different industries, which creates problems for both

regulators and businesses, as well as the rapid development of technologies that, in the

context of globalized market relations, cannot be effectively regulated by environmental

laws without constant changes. On the one hand, technologies can be favorable for the

development of a green economy by optimizing production and logistics routes, but they

have a number of problems, including high energy consumption, cybersecurity, and

significant financial costs, which requires consideration of the feasibility of using certain

types of technologies (Luo, 2022; Castro et al., 2021; Bielai et al., 2024).

On the other hand, the requirements for the economic model have changed from a linear

to a circular one, which allows reducing the use of resources and energy for waste

disposal in order to ensure the reuse or recycling of products. At the same time, the

classification of waste is also constantly changing, and in addition to administrative

liability for violating waste disposal rules, a tax on landfills and packaging is being

introduced (Pouikli, 2020). The problem of waste is of great importance, as the consumer

model of the economy has led to a large amount of waste that requires energy-intensive

disposal processes and leads to environmental pollution.

No less important is climate change due to increased greenhouse gas emissions. Although

195 countries have agreed to act within the stated goals of reducing greenhouse gas

emissions, these changes are not noticeable in the short term and there is a risk that this

initiative will not produce the stated results in the long term as well (Oncioiu & Neacsu,

2023). Moreover, economic legislation is national, and adopted international

recommendations are often ignored due to the high costs of achieving green economy

goals and the peculiarities of changes in the legal framework in different regions (Abbasi

et al., 2024). That is why it is important to study administrative liability for violation of

environmental norms and identify the weaknesses and strengths of environmental

legislation in the world's leading countries.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

246

Aim. The purpose of the study was to identify the weaknesses and strengths of the

environmental legislation of the leading countries of the world in achieving the goals of

the green economy.

Materials and Methods

The study used the methods of induction, deduction, analysis, synthesis, systematization,

logical comparison and statistical analysis. The author analyzed legislative initiatives from

around the world, including the EU, the US, and China. The weaknesses and strengths of

the EU environmental directives and responsible entities are identified, and promising

areas for legislative change on the way to achieving the stated environmental goals are

identified. Authors analyze the peculiarities of environmental legislation in the world, in

particular in the leading economies of the United States, China, and the EU, and

determine their effectiveness by comparing the levels of harmful carbon dioxide

emissions and plastic waste for the period 1990-2022. Authors identified trends in the

dynamics of carbon dioxide emissions and plastic waste based on the identification of

trend lines with the probability of further changes. Based on the analysis, authors

proposed ways to overcome the weaknesses of environmental legislation.

Results

To determine the effectiveness of legislative initiatives to protect nature, authors

analyzed the main EU directives, since the environment plays a significant role in the

political, legal, social and economic activities of the community. There were systematized

existing legislative documents according to environmental areas and principles for

achieving environmental goals in Table 1. Also there were identified the entities that

monitor and manage environmental issues and the entities that bear administrative and

civil liability for violations of environmental requirements. Based on the analysis, authors

identified the weaknesses and strengths of the existing EU environmental legislation and

suggested possible ways to address the problematic issues.

Table 1. Legal regulation of environmental issues in the EU

Environmental

area

Principle

Legal regulation

Objects, subjects and

types of liability

Environmental

pollution

Control over

the

company's

impact on

the environ-

ment and

the

possibility

of air,

water, soil

pollution.

Directive 96/61 - provides for control

over production technology, technical

characteristics of equipment at the

stage of design, use, maintenance and

decommissioning

Directive 85/337; 2001/42; 2014/52 -

control over possible negative impact

on the environment before the start of

business activities.

It provides for obtaining a

permit to conduct

economic activity at the

stage of production

design. Regulation is

entrusted to national

authorities, which are

responsible for issuing

permits and monitoring

ongoing activities for

environmental pollution.

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VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

247

Waste

Disposal,

reuse or

recycling of

the product

produced

Article 14, Article 8 of the 2008 EU

Framework Directive – the costs

associated with the disposal, recycling

or determination of the product's

suitability for reuse are borne by the

manufacturer and partially by the

distributor of the product.

Administrative

responsibility lies with the

manufacturer, while

waste management is

carried out by local

municipalities; the

manufacturer has the

right to choose the type

of responsibility: partial

operational responsibility

(the manufacturer is

partially involved in the

processes of waste

collection, processing and

disposal) and

full operational

responsibility (the

producer has full control

over the processes of

waste collection,

processing and disposal).

Disposal,

reuse or

recycling of

packaging

EU Directive 94/62 provides for

collection from end users or reuse of

packaging by users.

Disposal of

end-of-life

vehicles

EU Directive 2000/53 provides for the

transfer of the costs of vehicle disposal

to the manufacturer rather than the

last owner, in order to reduce the use

of hazardous substances and to

provide for simple recycling at the

design stage of the vehicle by the

manufacturer.

Disposal of

waste

electrical

and

electronic

equipment

EU Directive 2012/19 encourages

producers to use alternative

technologies to facilitate the

dismantling, reuse and recovery of

electrical and electronic equipment.

Recycling of

batteries

and

accumula-

tors

EU Directive 2006/66 obliges Member

States to establish collection points for

batteries and accumulators for

consumers in accessible locations

without charge and without the

obligation to purchase a new battery or

accumulator. Manufacturers must

ensure safe conditions for the recycling

of this waste.

Plastic

Ensuring

the

availability

and

sustainable

manage-

ment of

water and

sanitation

EU Regulation 1907/2006, which

provides for the improvement of the

quality of plastic products in order to

extend their service life, reuse and

reduce plastic waste.

The manufacturer

compensates for the cost

of plastic utilization and

recycling.

Protection of

water resources

Manage-

ment of

surface and

deep water

resources,

natural and

artificial

water

bodies

Water Framework Directive 2000/60,

Article 13, Annex VII provides for the

control of water quality in 5 categories,

determination of physical, chemical,

hydrological and morphological

characteristics, protection of aquatic

ecosystems.

Article 14 provides for informing and

involving the public and users in the

balanced use of water.

Quality control is carried

out by national

authorities. The

responsibility is collective

and applies to both

entrepreneurs and

consumers who

compensate for the costs

of water supply services

on an ongoing basis.

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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

248

Clean air

Air quality

manage-

ment.

The Clean Air Directive for Europe

(CAFE) 2008/50 provides for the

reduction of harmful substances in the

air: acidifying substances (SO(2),

NO(x), NH(3)), emissions that depletethe ozone

layer, dust precursors (PM(10),

PM(23)), emissions that affect airquality in

urban agglomerations.

Directive 2001/81 on the reduction of

national emission ceilings.

The Convention on Long-Range

Transboundary Air Pollution (LRTAP)

obliges countries to control emissions

from their own enterprises.

Directive 2010/75 provides for the

control of industrial emissions.

Directive 2001/80 controls emissions

from large combustion plants.

Member states control

emissions from industrial

facilities and cities and

notify the EU Commission

of the permissible levels

and an action plan for

their possible reduction.

Producers are required to

comply with emission

limits and use

technologies that reduce

emissions. In case of

violations, industrial

facilities are subject to

administrative sanctions,

as well as possible closure

of the facility. The public's

responsibility is to restrict

the use of certain types of

vehicles in urban areas

with high levels of air

pollution.

Preventing

climate change

Reducing

global

warming

to 2(0) C

The Paris Agreement was adopted by

195 states at the UN Convention and

provides for the reduction of

greenhouse gas emissions, creation of

a green economy, creation of adaptive

mechanisms to climate change,

measures to combat climate change-

related emergencies, counteracting

deforestation and forest degradation,

creation of giant biomass plants that

absorb carbon dioxide, reduction of

fossil fuel use in favor of renewable

energy sources, and development of

energy efficiency.

Signatories to the

agreement are obliged to

monitor climate change

and submit reports on the

state of the environment.

Economically developed

countries are obliged to

provide financial and

technological assistance

to developing countries in

achieving the goals of the

Paris Agreement.

Source:сreated by the author on the basis of (Pouikli, 2020; Oncioiu & Neacsu, 2023; Council

Directive 96/61/EC; Directive 2000/60/EC; Directive 2008/1/EC; Directive 2010/75/EU; Directive

2012/19/EU)

As can be seen from Table 1, achieving the goals of environmental legislation is not an

easy task and requires the efforts of central authorities to constantly improve legislative

mechanisms in line with changes in the economic model. Nevertheless, administrative

liability for violations of environmental initiatives mainly falls on the manufacturer, with

distributors and third parties representing the product sharing this role. The EU is

committed to preventive actions in its environmental initiatives, so the specially created

Commission for the Protection of Nature monitors production processes at the planning

stage of business activities. That is, without the Commission's approval, a company

cannot obtain a permit to start production in the EU member states in accordance with

EU Directive 85/337. Another effective mechanism of influence of EU legislation is the

ability of the Commission to monitor the environmental impact of member states'

enterprises without the approval of national central authorities and in accordance with

Article 169 of the EU Treaty. The Commission has the power to take legal action against

an individual company or a Member State for violating environmental rules. Another

important achievement is the ability of the public to participate in the detection of

environmental violations. Citizens have the right to freely receive information about the

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

249

type of activity of enterprises and the environmental risks associated with them. Citizens

can also file a complaint against companies if they detect actions that harm the

environment or request an inspection of companies whose activities are suspicious.

Environmental legislation in the EU is constantly monitored and changed to simplify

regulatory mechanisms. This approach implies a more flexible regulatory principle that

encourages businesses to comply with the law and protect nature. Thus, on the way to

change, new directives change the previous ones, creating simpler and clearer rules that

are easy to follow. An example of such changes is the repeal of Directives 91/689 on

hazardous waste and its disposal, as well as 75/439 on the disposal of used oils.

Directive 2004/35 on environmental liability was adopted to determine the type of liability

that applies to environmental pollution, which contains both preventive measures and

legal mechanisms for civil and administrative liability (Directive 2000/60/EC). Producers

and consumers can be held liable by public authorities for damage to protected species,

their natural habitats, water bodies, and soils. The Directive provides for liability for

significant damage, but does not define criteria for assessing damage and thresholds for

the significance of violations. Moreover, Annex III of the Directive establishes

administrative liability for high-risk enterprises without the need to prove guilt. Moreover,

administrative fines are not fixed, but fully cover ecosystem restoration measures and

compensation for damages. Instead, offenses not listed in Annex III and committed by

a citizen or low-risk enterprises, including those engaged in agricultural activities, require

proof of guilt and may be subject to administrative liability for negligent conduct of

activities or intentional damage to the biodiversity of natural resources.

Although the EU environmental legislation has made significant progress in recent years

and is constantly being improved, and the Commission's powers to protect nature are

being expanded, the effectiveness of these measures is controversial, as actual pollution

rates change only slightly. In addition, the global trend is also not positive, which

encourages us to identify the advantages and disadvantages of the environmental

protection measures implemented and to find effective solutions. Table 2 analyzes and

systematizes the main global environmental initiatives, identifying weaknesses and

strengths that can be used to improve the national legal framework in the field of

environment. Figure 1 demonstrates the dynamics of carbon dioxide emissions in the

United States, China and the EU over the period from 1990-2022 and identifies trends

and forecasts for the next 4 years. Figure 2 shows the trends in plastic waste dynamics

in the United States and forecasts trends for the next 5 years.

Table 2. Strengths and weaknesses of major global environmental legislative initiatives

Environmental

issue

Legislative

initiatives

(strengths)

Weaknesses

Plastic pollution

EU Regulation

1907/2006;

Conducting audits on

plastic pollution

(more than 1500

events in more than

Difficulty in monitoring to bring the manufacturer to

administrative responsibility, as more than 50% of the

detected plastic is unbranded, which causes a shortfall

of 50% of the funds for plastic waste disposal.

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e-ISSN: 1647-7251

VOL. 16, Nº. 2, TD3

Thematic Dossier - Rule of Law, Human Rights, and Institutional

Transformation in Times of Global and National Challenges

March 2026, pp. 241-257

Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

250

100 countries in 6

years), imposing a

tax on the use of

plastic bags, banning

the use of plastic

bags, China's ban on

imports of plastic

waste.

The low efficiency is confirmed by the increase in plastic

production from 200 million tons in 2000 to more than

400 million tons in 2019.

The lack of mandatory audits for all countries, as a

result of which the United States and Indonesia have

conducted more than 100 audits in 6 years, while 84

countries have conducted only 1.

The problem of corruption in some countries, which

causes unreliable audit results and thus a lack of funds

for plastic recycling.

Lack of effective mechanisms to encourage end-users to

reduce the use of plastic and to dispose of used plastic

at special collection points.

Low awareness of the environmental damage caused by

plastic and lack of information about plastic collection

points in developing countries.

Reducing

greenhouse gas

emissions

The Paris Convention,

Sustainable

Development Goals

for 2030 and 2050,

Article 7 of the

Sustainable

Development Goals

on the use of clean

energy, Article 13 on

urgent measures to

combat climate

change, national

initiatives under

international

agreements

Despite the adopted goals, even such successful

countries as the United States do not demonstrate a

stable positive result, so in 2020 the level of carbon

dioxide emissions in the United States amounted to 4.7

billion cubic meters, and in 2022 5.6 billion, which

exceeds even the level of 2016 (5.01 billion). And

China, which ranks first in the world in terms of

greenhouse gas emissions, despite its stated goal of

reaching a zero carbon footprint in 2060 at the 26th

Conference of the Parties in Glasgow, has retreated

from the goal of phasing out coal to gradually reducing

coal consumption. Although the Chinese authorities

hope to improve their forecasts by developing

renewable energy and digital technologies.

Lack of mandatory unified legislative initiatives,

resulting in different national and regional legislative

acts and low efficiency.

High cost of implementing energy efficient technologies.

Poor quality of reports on greenhouse gas emissions

and fossil fuel use. Low rates of forest restoration and

continued deforestation in developing countries.

Increasing number of armed conflicts that increase

greenhouse gas emissions and contradict the goals of

sustainable development.

Waste

management

and recycling

EU Regulation

1907/2006, Initiating

the establishment of

waste management

organizations in

organizations,

governments and

academia.

Administrative

responsibility of

producers for the

disposal and recycling

of various types of

waste. Use of

technologies to

predict customer

behavior and optimize

wholesale purchases.

Lack of collective responsibility for violating waste

disposal rules, especially among end users. Low

effectiveness of educational work on the overuse of

goods and, as a result, excessive waste production. The

reasons for failures in food waste management are low

consumer culture regarding the use of food products

and low optimization of bulk purchases of food products

with limited shelf life, especially in developing countries.

Corruption in some countries, which leads to producers

avoiding administrative responsibility for environmental

pollution. Due to lack of funding, developing countries

have a low number of waste recycling plants and waste

sorting facilities, which leads to the creation of natural

dumps. As a result, about 40% of waste ends up in

landfills, which leads to methane emissions into the

atmosphere.

Source: сreated by the author on the basis of Cowger et al., 2024; Regulation (EC) No

1907/2006; Geyer et al., 2020; Wang et al. 2019; Zavidna et al., 2025; Bistline et al., 2022; Ma

et al., 2022; Anuardo et al. 2022; Voronina et al., 2024).

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Administrative Liability for Environmental Offences:

Problems and Prospects for Legislative Changes

Viktor Klid, Mykhailo Zoria, Artem Popsui, Ruslan Herasymchuk, Yevhenii Kolomiiets

251

Figure 1. Trends in carbon dioxide emissions in the US, China, and the EU

Source: created by the author based on (Tiseo, 2025; Worldometer, 2025; EEA greenhouse

gases – data viewer, 2025)

As can be seen from the table, the effectiveness of these environmental initiatives at the

global level is extremely low, due to a number of factors. Namely, the lack of unified

environmental rules with mandatory enforcement. After all, developing countries cannot

quickly switch to renewable energy, abandon the use of polluting equipment, or develop

technologies that promote waste management and optimize resource use, as this

requires large financial outlays. Moreover, our research has shown that even the

economic giants of the United States and China cannot achieve their stated

environmental goals in practice. Namely, the determination of the trend line of carbon

dioxide emissions in China showed a tendency to increase carbon dioxide emissions

according to an exponential relationship with a probability R(2)=0.8566 for further

growth (Figure 1). Also, the determination of the trend line for the dynamics of plastic

waste in the United States showed an upward trend in both the total amount of plastic

waste with a probability of R(2)=0.9846 and the amount of plastic waste in landfills with

a probability of R(2)=0.9745 (Fig. 2). This trend indicates the need for more stringent

methods. The EU countries are more successful in strictly regulating environmental

issues, as they plan to reduce greenhouse gas emissions by 20%, increase the use of

renewable energy sources and improve energy efficiency by 20% in 2030. The tendency

to reduce carbon dioxide emissions with a probability of further reduction R(2)=0.9111

is in favor of achieving the above stated EU goals. The positive dynamics of carbon

dioxide emissions reduction was also demonstrated by the analysis of the trend line in

the United States with the projected probability of further reduction of carbon dioxide

emissions R(2)= 0.9061.

y(USA) = -0.0519x2+ 0.5016x + 4.6664

R²(USA) = 0.9061

y(China) = 1.8944e0.2349x

R²(China) = 0.9374

y(EU) = -0.0075x2- 0.0848x + 4.5883

R² (EU)= 0.9111

1990 1994 1998 2002 2006 2010 2014 2018 2022

Billion tons

Year

USA

China

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252

Figure 2. Dynamics of plastic waste and the amount of plastic in landfills in the United States

Source: сreated by the author based on (EPA, 2024)

Y1, R1 – trends in the total amount of plastic waste. Y2, R2 – trends in the amount of plastic

waste in landfills

Instead, to increase the efficiency of waste management, it is advisable to create

mechanisms for administrative liability of the end user for excessive use of plastic,

improper waste disposal, use of vehicles with a high carbon footprint, etc. Responsibility

for the negative impact should be shared between distributors, manufacturers, and end

users, which would encourage manufacturers to produce goods in an environmentally

friendly manner with a long service life and recyclability. With administrative

responsibility shared, distributors would be able to choose more environmentally friendly

products and avoid excessive bulk purchases. Consumers, on the other hand, would be

more interested in choosing environmentally friendly products due to the lower price of

the goods. In practice, however, consumers are less likely to choose green goods because

their price is usually higher, which is explained by the financial burden on the producer

alone and the low level of adoption of green technologies.

Discussion

Our research has revealed the limitations of international environmental laws that give

states the right to choose whether to introduce certain norms and impose penalties in

relation to them. The globalization of the economy, financial transactions, and the

absence of borders in environmental pollution are the reasons for the transition from

recommended environmental legislation to mandatory compliance with basic

requirements. In this regard, the EU is the most effective, acting within its member states

with the possibility of bringing producers or distributors of goods to administrative

responsibility for violating environmental legislation directly in EU courts, bypassing

y1= 9.7066ln(x) + 18.04

R1² = 0.9846

y2 = 6.8578ln(x) + 14.675

R2² = 0.9745

1990 2000 2005 2010 2015 2017 2018

Billion tons

Year

The amount of plastic waste

Amount of plastic waste in

landfills

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253

national courts (Oncioiu & Neacsu, 2023). The importance of transnational environmental

standards is demonstrated by the transboundary release of polluted water that flows

from one country to another, causing environmental damage, while the lack of clear

regulatory mechanisms for one country to influence another does not allow to overcome

this problem (Li & Lu, 2022). Thus, as can be seen from the study, individual national

laws are adopted primarily based on economic indicators and political vectors, which

explains the regression in the development of the green economy in China and the United

States, which are leaders in terms of negative environmental impact. That is why the

creation of unified laws would avoid speculation in environmental legislation, the

possibility of substituting concepts, environmental reports, and the use of corruption

schemes to avoid environmental production.

In our opinion, stricter regulation would have contributed to better results in the

development of a green and circular economy. Instead, Lee et al. (2022) emphasized

that strict regulation combined with low financial support has a negative impact on

achieving green economy goals, while more flexible regulation combined with technology

development allows achieving environmental well-being goals. Rainisio et al. (2022)

argued that individuality, long-term planning, uncertainty avoidance, national culture,

and local customs also have a positive impact on the effectiveness of environmental

management. This study demonstrates that an individual approach to the formation of

effective environmental models can be applied at both the family and community levels.

Ul Haq et al. (2020) emphasized the development of production efficiency on the example

of optimizing fertilizer use, which leads to a significant reduction in greenhouse gas

emissions without compromising yields. That is why production efficiency should be

encouraged at the level of government agencies, which ultimately receive less harmful

waste from the excessive use of non-environmentally friendly fertilizers, which

determines the financial efficiency of such a step.

As can be seen from the results of our study, administrative liability for violations of

environmental rules is mostly imposed on producers and partially on distributors of

goods, while mechanisms of administrative liability of the end user are mostly not applied

and are of an educational nature. This leads to the lack of effectiveness of environmental

initiatives at the national and international levels, as the consumer is the last link in the

use of products before disposal or recycling, and their participation is key to scaling up

waste management. Kyriakopoulos' (2021) study also demonstrated the need for

collective responsibility of producers, consumers, and central governments for the

environmental impact of products and identified the low effectiveness of legislative

initiatives in facilitating or encouraging consumers to choose green products. Poor

regulation of consumer environmental behavior was also described by Mak and Terryn

(2020) and Ballardini et al. (2021).

Conclusions

Having analyzed the legal regulation of environmental offenses, auhtors have determined

that EU countries pay much attention to the environmental friendliness of the economy,

and the main administrative burden is placed on producers. This approach has proven

effective in terms of reducing waste at the stage of planning the production of goods.

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254

However, the existing mechanisms do not effectively regulate the behavior of the end

user, which offsets the mechanisms implemented by the manufacturer and the local

municipality. An analysis of the effectiveness of global environmental pollution indicators

has revealed a mismatch with the stated goals of sustainable development, which calls

into question the effectiveness of environmental legislative initiatives in the long run.

Therefore, it is advisable to place administrative responsibility also on the consumer and,

to a greater extent, on distributors, which will encourage distributors and users to choose

green products and control their quantity according to demand. Another aspect is the

transition from individual and recommendatory legislative initiatives to mandatory and

more stringent ones, which will encourage countries to avoid speculation and comply with

environmental regulations.

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