Activities of prosecutor’s offices in environmental protection under martial law: a criminal law perspective

The article examines the challenges faced by the prosecutor’s office, with a focus on the Specialized Environmental Prosecutor’s Office, within the framework of using criminal law to ensure environmental protection. Against the backdrop of russia’s ongoing armed aggression against Ukraine, the author highlights the escalating threats to environmental safety, underscoring the need for a coordinated response from prosecution authorities to guarantee just and inevitable punishment, as well as full compensation for environmental damage. The author examines the activities of the Specialized Environmental Prosecutor’s Office as a key institution in combating environmental crimes. Particular attention is given to the significance of specialization within the prosecutor’s office, which enhances the quality and effectiveness of prosecutors in fulfilling their tasks and responsibilities. The author advocates for the inclusion of the principle of specialization in Article 3 of the Law of Ukraine “On the Public Prosecutor’s Office,” which outlines the fundamental principles governing the Public Prosecutor’s Office. The article presents a comprehensive overview of criminal offenses overseen by the Specialized Environmental Prosecutor’s Office, including pre-trial investigations and public prosecution. To this end, the author analyzes statistical data from the period of martial law, the current Criminal Code of Ukraine, and the relevant provisions of the Draft New Criminal Code of Ukraine, which introduces fundamentally different approaches to addressing environmental criminal offenses. The author explores the primary areas of activity of the Specialized Environmental Prosecutor’s Office in criminal proceedings related to war-induced environmental crimes. Particular attention is given to aspects of the procedural implementation of Article 441 of the Criminal Code of Ukraine, “Ecocide.” The author concludes that the development of criteria for procedural proof of guilt in ecocide cases remains an ongoing process at both the national and international levels. Based on the research, the author concludes that strategic reforms in environmental safety during martial law are essential. These reforms should include enhancing the specialization of prosecutors, advancing investigative methods, and adopting an integrated approach to combating environmental crime.