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Social measures to prevent criminal offenses against the
environment: a historical and critical analysis in Ukraine
from 1991 to present
Marko Serhiy
1
Correo: drvel@ukr.net
Orcid: https://orcid.org/0000-0002-9778-0570
Borutska Yuliia
2
Correo: borutska_yulya@ukr.net
Orcid: https://orcid.org/0000-0002-5040-8624
Voroniatnikov Oleksandr
3
Correo: voroniatnikov.edu@ukr.net
Orcid: https://orcid.org/0000-0002-3761-698X
Kiblyk Daria
4
Correo: kiblykdasha@ukr.net
Orcid: https://orcid.org/0000-0002-2518-7647
DOI: https://doi.org/10.5281/zenodo.14975891
Abstract
The general objective of the research consists, on the one hand, in analyzing, from
a critical and historical perspective, the legal framework that typifies the crimes
committed against the environment in Ukraine, in a chronological period of 34
years, from 1991 to the present. On the other hand, social measures to prevent the
commission of these crimes are discussed. Methodologically, it is a work
developed because of the parameters of the historical method, with a
predominance of documentary sources, such as: official documents, laws, press
releases and scientific articles of high impact. The results obtained allow us to
1
Department of Criminal Procedure and Criminalistics, Lviv State University of Internal Affairs. Lviv,
Ukraine.
2
Lviv National Environmental University, Lviv, Ukraine.
3
Department of Public and International Law, Kyiv National Economic University named after Vadym
Hetman, Kyiv, Ukraine.
4
Department of Administrative and Legal Disciplines, Donetsk State University of Internal Affairs,
Kropyvnytskyi, Ukraine.
Sección: Artículo científico 2025, julio-diciembre, año 5, No. 10, 315-344
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
, No. 10, julio
-diciembre, 202
5
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conclude that, beyond the romantic ecological discourses, the imperative need to
defend the environment in the 21st century is becoming increasingly critical in
view of the imminent risk of the collapse of human civilization due to poor
management of natural resources.
Keywords: environmental crimes; ecological crimes; social prevention measures;
historical analysis.
Medidas sociales para prevenir los delitos contra el medio ambiente:
un análisis histórico y crítico en Ucrania desde 1991 hasta la
actualidad
Resumen
El objetivo general de la investigación consiste, por una parte, en analizar, desde
una perspectiva crítica e histórica, el marco legal que tipifica los delitos cometidos
contra el medio ambiente en Ucrania, en un periodo cronológico de 34 años, que
va desde 1991, hasta la actualidad. Por la otra, se discuten las medidas sociales
para prevenir la comisión de estos delitos. Metodológicamente, se trata de un
trabajo desarrollado con base en los parámetros del método histórico, con un
predominio de fuentes documentales, tales como: documentos oficiales, leyes,
notas de prensa y artículos científicos de alto impacto. Los resultados obtenidos
permiten concluir que, más allá de los discursos ecológicos románticos, la
necesidad imperiosa de defender al medio ambiente en el siglo XXI se vuelve cada
vez más crítica ante el riesgo inminente del colapso de la civilización humana,
debido a una mala gestión de los recursos naturales.
Palabras clave: delitos ambientales; delitos ecológicos; medidas de prevención
social; análisis histórico.
Introduction
Without wishing to be prophets of disaster, the environmental situation of
the planet in the 21st century is frankly alarming, with global warming and the
greenhouse effect as the main threats that put human civilization at risk.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
, No. 10, julio
-diciembre, 202
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According to the National Aeronautics and Space Administration (NASA), the
effects of climate change, such as rising global temperatures, loss of sea ice, and
rising sea levels, are already clearly manifesting and, worse, are expected to
intensify if drastic measures are not taken to reduce greenhouse gas emissions
(NASA, 2024). This phenomenon affects ecosystems and, at the same time, has
direct repercussions on human health and food security, which could lead to social
collapse if effective strategies to mitigate these risks are not implemented. In the
words of Diamond (2007), in the past other human civilizations have collapsed
due to the mismanagement of their environmental resources:
Por colapso me refiero a un drástico descenso del tamaño de la
población humana y/o a la complejidad política, económica y social a
lo largo de un territorio considerable y durante un periodo de tiempo
prolongado. El fenómeno del colapso es por tanto una forma extrema
de los diversos tipos de declive más leves, y acaba siendo arbitrario
establecer cuan drástico debe ser el declive de una sociedad hasta reunir
las características adecuadas que nos permitan hablar de “colapso”.
(Diamond, 2007, p. 23)
The current model of "unsustainable development" – in its Marxist or
neoliberal variant – has led to an unprecedented environmental crisis. The lack of
material harmonization between economic growth and environmental protection
is constantly causing an accelerated deterioration of non-renewable natural
resources. According to NASA (2021), it is imperative to adopt a sustainable
paradigm that respects nature as a subject of rights and promotes the integral
conservation of the Earth, beyond anthropic needs. Without a significant and
radical shift towards more sustainable practices, humanity faces an uncertain
future marked by natural disasters, mass displacement, and conflicts over scarce
natural resources.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
, No. 10, julio
-diciembre, 202
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In view of these extremely urgent considerations, the objective of this
research is to critically analyze the legal framework that typifies environmental
crimes in Ukraine, from 1991 to the present. The formulation of this objective
seeks to answer questions such as: What are the main laws regulating ecological
crimes in Ukraine? How has the public perception of these crimes evolved in the
last three decades? What impact has the Chernobyl disaster had on environmental
legislation? And what social measures can be implemented to prevent these crimes
in the current context?
Historically, Ukraine has faced significant challenges in its environmental
legislation. Since independence in 1991, the country has developed a legal
framework that seeks to protect its natural environment, but this has been clearly
insufficient to address critical problems such as pollution and the excessive
exploitation of resources. The Chernobyl disaster left an indelible mark on the
national consciousness and highlighted the shortcomings of the existing legal
system. Despite laws such as the Environmental Protection Act of 1995 (Herald
of the Supreme Rada, 1995), legal gaps persist that make it difficult to apply them
effectively in the twenty-first century, even more so when the country is immersed
in a war caused by an invading force that does not respect the cultural and natural
dimension of the country's life.
Since the enactment of the 1995 Environmental Protection Law, legal
loopholes in Ukrainian environmental laws are notable. According to Haraschuk,
Zelinska, Spasenko, and Shulga (2020), regulations are ambiguous and lack clear
mechanisms for their implementation and supervision. This legislative reality has
led to a culture of impunity where environmental crimes are common and rarely
punished. Thus, although there are regulations on environmental protection, many
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
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lack rigor and effectiveness, allowing violations to continue without significant
consequences. Therefore, justifying this investigation is important in the current
context, where even in times of war, effective measures must be established to
prevent environmental crimes.
The war in Ukraine has exacerbated existing environmental problems,
creating an urgent need for strategies that not only protect the environment, but
also strengthen social resilience. In the face of this complex conflict situation that
has no foreseeable end, proposing a menu of options to address these challenges
can be key when it comes to ensuring a sustainable future in the country, at least
from a legal and political perspective.
However, due to its immanent complexity, the phenomenon requires an
interdisciplinary approach configured by multiple lines of research. Emerging
lines of research include the study of more effective legal mechanisms to prevent
environmental crimes, as well as the analysis of the social and economic impact
of such crimes on vulnerable communities. It also proposes to investigate how to
integrate sustainable practices into public policies and, together, how to promote
greater citizen participation in environmental protection. These areas are crucial
to developing a comprehensive vision that addresses both the legal and social
aspects related to environmental crimes in Ukraine.
This scientific article is divided into 5 connected sections: in the first, a
bibliographic review was carried out on crimes against the environment from a
legal and scientific perspective; in the second section, the methodological bases
of the research are exposed; in the third, the results obtained are analyzed and
discussed in a critical perspective, then, some social measures to prevent crimes
against the environment are presented and; Finally, the main conclusions and
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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recommendations that arise from the combination of research and reflection are
briefly presented.
1. Literature review on crimes against the environment from a
legal and scientific perspective
In a free exercise of the history of ideas, it can be stated with some
conceptual precision that, in recent decades, the philosophy of laws regulating
environmental protection in Ukraine is based on the principle of sustainable
development, which seeks to balance economic growth with the conservation of
natural resources. In general, these laws aim to ensure a healthy environment for
present and future generations, promoting the protection of biodiversity and the
rational use of available resources. Likewise, the legislator seeks to prevent and
mitigate the negative effects of human activities on the environment, establishing
a rational legal framework that promotes environmental responsibility and citizen
participation in decision-making. In this common thread, the integration of
international and European standards is essential to strengthen this legal
framework in Ukraine and align it with global best practices (The NFVF, 2025).
One of the most significant laws in terms of content and meaning is the
Environmental Protection Law of 1995 (Herald of the Supreme Rada, 1995),
which sets out the fundamental principles for environmental management in
Ukraine. In a broad sense, this law regulates relations in the field of nature
protection, the use and regeneration of natural resources, as well as ecological
security. For the authors of this article, although it has been an important advance,
its implementation has been limited due to its declarative nature and the lack of
effective mechanisms to enforce its provisions. Otherwise, the law also faces
criticism for not adequately addressing criminal liability for environmental
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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crimes, which has allowed many infractions to go unpunished or only have
administrative sanctions.
In any case, in the first part of the law contained in its General Provisions,
it is exhaustively established that:
Article 1. The Aim of Legislation on Environmental Protection The aim
of legislation on environmental protection is to regulate relations in the
sphere of protecting nature, utilization and regeneration of natural
resources, maintenance of ecological safety, prevention and mitigation
of the negative effects of economic and other activity on the
environment, conservation of natural resources, the genetic pool of
animate nature, landscapes and other natural complexes, unique
territories and natural objects related to the historical and cultural
heritage. (Herald of the Supreme Rada, 1995)
And then, to endorse these provisions, a broad and multifactorial legislative
development is guaranteed, which contemplates in extensive:
Article 3. Basic Principles of Environmental Protection The basic
principles of environmental protection shall be a) priority of the
requirements of ecological safety, strict compliance with ecological
standards, quotas and limitations as to the utilization of natural
resources in pursuing economic, management and other activity; b)
guarantee of ecological safety of the environment for the life and health
of people; c) preventive character of measures in environmental
protection; d) ecology-oriented material production on the basis of
comprehensive solutions of environmental protection issues, utilization
and regeneration of recoverable natural resources, wide introduction of
the latest technologies; e) preservation of the special and species
diversity and integrity of natural objects and complexes; f) scientifically
substantiated coordination of ecological, economic and social interests
of society on the basis of combining interdisciplinary knowledge of
ecological, social, natural and technical sciences and forecasting of
environmental conditions; g) mandatory examination by experts; h)
transparency and democratism in adopting decisions, the
implementation of which impacts on the environment, shaping in the
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
, No. 10, julio
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population an 3 ecological awareness; i) scientifically substantiated
standardization of the effects of economic and other activity on the
environment; j) free general and payable utilization of natural resources
for economic activity; k) imposition of fines for the pollution of the
environment and deterioration of the quality of natural resources,
compensation for damage caused by violation of legislation on
environmental protection; l) solution of environmental protection issues
and utilization of natural resources with due account of the degree of
anthropogenic changes of the territories and the aggregate effect of
factors negatively impacting on the environment; m) combination of
measures for stimulation and responsibility in environmental
protection; n) solution of environmental protection issues on the basis
of broad cooperation between states. (Herald of the Supreme Rada,
1995)
As can be seen from the above quote, the 1995 Law on Environmental
Protection of Ukraine establishes a basic regulatory framework for the
management and conservation of the environment in the country. Its philosophy
is based on the need to protect nature and ensure a healthy environment for present
and future generations. Consequently, this law has as its main objectives the
prevention of pollution, the conservation of natural resources and the promotion
of sustainable development. In particular, the third article of this law highlights
the fundamental principles that must guide human activity in relation to the
environment, emphasizing the responsibility of both the State and citizens in the
protection and improvement of the natural environment.
More specifically, the third article establishes that all citizens have the right
to live in a healthy and balanced environment, which implies a collective duty to
preserve it. It also underlines the importance of environmental education and
public participation in environmental decision-making. However, despite its
progressive approach for the time in which it was enacted, there are limitations in
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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its content, such as: not defining public policies that make this law a concrete
reality at the service of nature and, also, a marked anthropocentric legal
conception, typical of the historical moment in which it was enacted; a conception
according to which nature is not, in its own right, an entity with a specific legal
personality, as is the case, for example, with the Political Constitution of Ecuador
(National Constituent Assembly, 2008), but an instrumentalized space for the
human person.
Another key piece of legislation is the Environmental Impact Assessment
Act of 2017, which seeks to ensure that potentially harmful projects and activities
are assessed before they are passed. Essentially, this law establishes procedures to
identify, prevent, and mitigate negative impacts on the environment. However, its
application has been problematic; Many projects have circumvented this process
due to legal loopholes and a lack of training for the responsible authorities. A
reality that has led to situations where environmental impacts are significant and
adequate corrective measures have not been taken. The law defines environmental
impact as:
Definition of impact. The law defines "environmental impact" as any
consequences of activities for the environment, including impacts on people,
biodiversity, climate, air, water, etc.
Assessment process involves preparing impact reports, public discussions,
analyzing information, and issuing reasoned conclusions by authorized
bodies.
Public participation. The law ensures the right of the public to participate in
the impact assessment, to express their remarks and suggestions. (Verkhovna
Rada of Ukraine, 2017a)
For its part, the Water Law (Verkhovna Rada of Ukraine, 2017b) also plays
an important role in protecting the environment by regulating the use and
conservation of water resources. Broadly speaking, this law sets standards for
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
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sustainable water management, but it faces challenges related to industrial and
agricultural pollution that severely affect water bodies in Ukraine. Despite its
ambitious objectives, in concrete historical reality its effectiveness is limited by a
lack of coordination between the various government agencies in charge of its
implementation and by insufficient community participation in water
management.
Although international in nature, another document that should not be
omitted from this review is United Nations Resolution 10/6 on "Preventing and
combating environmental crime falling within the scope of the United Nations
Convention against Transnational Organized Crime” (Organización de las
Naciones Unidas, S.f), which reaffirms that the Convention is a key instrument
for strengthening international cooperation in the fight against environmental
crime in general, recognizing its interrelationship with other forms of organized
crime and corruption. The Convention seeks not only to prevent and punish these
crimes, but also to protect affected individuals and communities, emphasizing the
responsibility of States in implementing effective measures to address this
problem.
In its aspiration to be the basis for the various national environmental
legislations, the document also underlines the importance of a comprehensive
policy that includes the investigation and prosecution of environmental crimes, as
well as the laundering of money derived from these illicit activities. States parties
are urged to adapt their national legislation to prioritize environmental crime and
to establish appropriate sanctions that are dissuasive. At the same time, the
strategic need for cooperation between different agencies and international
organizations to address these challenges effectively is highlighted. For these and
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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other reasons, this document is a global call to action to confront environmental
crimes within the framework of transnational organized crime, promoting a
collaborative and multidimensional approach (Organización de las Naciones
Unidas, s/f).
Finally, for its content, a prominent document is "Ukraine Country
Environmental Analysis", which provides a comprehensive assessment of the
legal and political system related to the environment in Ukraine. This analysis
identifies key gaps in current legislation and proposes recommendations to
improve the regulatory framework, emphasizing the importance of aligning
national laws with European standards (The World Bank, 2016). This document
is vital to understanding how to move towards more effective environmental
management.
In summary, although Ukraine has established a considerable legal
framework to protect its environment since 1991, it faces numerous challenges
related to the effective implementation of these laws. Legitimate criticisms point
to legal loopholes, lack of coercive mechanisms and deficiencies in public
participation. The recent critical review of scientific literature reveals an urgent
need for structural reforms that will enable Ukraine to meet its environmental
goals and align with international standards, thus ensuring a sustainable future for
its population and ecosystems.
2. Methodology
Without engaging in demagoguery, critical thinking is useful in addressing
contemporary environmental challenges, as it allows individuals and communities
to evaluate information, identify biases, and make informed decisions. This
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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epistemological tool is based on the idea that knowledge is constructed through
reflection, analysis, and evaluation of material and symbolic, natural, and cultural
evidence (Wilman, 2023).
In the specific field of environmental advocacy, critical thinking
promulgates the need to question unsustainable practices and policies that harm
the natural environment. If critical thinking skills are developed, citizens can
actively participate in the protection of the environment, promoting social change
towards more sustainable and responsible practices. This approach from theory to
organizational practice helps foster a culture of environmental responsibility that
transcends individual actions and, under certain conditions, becomes a collective
movement.
Figure 1. General methodological architecture of the research
Source: Prepared by the authors (2025)
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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In this epistemological framework, in the words of Fontana (1999), the
historical method is a valuable tool for studying social measures aimed at
preventing crimes against the environment, since it allows policies and actions to
be contextualized over time in a delimited space. According to Esteban (2023),
the historical perspective facilitates the understanding of how past decisions have
influenced the current situation and, even more, how social responses have
evolved in the face of environmental challenges. For these reasons, through
historical analysis, patterns, trends, and lessons learned can be identified that
inform future prevention strategies. The practical utility of the method therefore
lies in its ability to reveal the dialectical interconnections between historical
events, legislative changes, and social movements, providing a comprehensive
framework for addressing environmental crimes in Ukraine.
The historical research on social measures to prevent environmental crimes
in Ukraine was divided into several key stages. The first stage covers from 1991
to 2000, when the legal and political foundations were established after the
country's independence. The second stage, from 2001 to 2010, focuses on the
implementation of environmental laws and the creation of accountable
institutions. The third stage, which runs from 2011 to 2020, analyzes the impact
of significant ecological disasters and their influence on legislation. Finally, the
fourth stage covers from 2021 to the present, where recent responses to
environmental crimes in a context of war and climate crisis are evaluated. Each of
these stages reflects significant changes in public and political perceptions of
environmental protection and defined a differentiated public agenda.
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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Figure 2. Historical stages or moments of legal and institutional development for the
prevention of environmental crime in Ukraine: 1991-present
Source: prepared by the authors (2025).
Each of the stages mentioned above has distinctive characteristics that
deserve a detailed analysis. In the first stage (1991-2000), an initial focus was
observed towards the creation of an environmental legal framework after the
country's independence, but with limitations in its effective application due to the
lack of resources and institutional experience. The second phase (2001-2010)
marks a period of institutional strengthening and legislative development,
although challenges related to corruption and lack of regulatory compliance
remain. Meanwhile, in the third stage (2011-2020), ecological disasters such as
the Chernobyl spill reignite the debate on environmental responsibility, leading to
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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stricter legislative reforms. Finally, in the fourth stage (2021-present), the war
context highlights both the challenges and opportunities to implement innovative
social measures that address crimes against the environment in adverse
circumstances.
It should be noted that, to select the documentary sources that support this
research, a rigorous criterion was used that prioritized official documents, relevant
laws, updated press releases, specialized books, and high-impact scientific articles
published in peer-reviewed journals, in accordance with the social research
parameters designed by Martin (2020). What was sought here was to ensure that
the sources were publicly accessible and offer truthful and up-to-date information
on the state of the environment in Ukraine and its legal frameworks. In addition,
studies that include critical analyses of social policies implemented to prevent
environmental crimes were considered. This criterion of documentary selection
guarantees a solid basis for the historical and critical analysis proposed in this
research.
However, the limitations inherent in such an investigation into social
measures to prevent crimes against the environment are diverse. First, there may
be a shortage of reliable data due to problems with information collection or lack
of government transparency. At the same time, the unstable political context
generated by the war can negatively influence the effective implementation of
environmental policies and make it difficult to access relevant official documents.
There is also a risk of bias in the selected sources if multiple perspectives are not
considered or if certain types of information are prioritized over others. Finally,
rapid changes in the political and social environment can quickly render some
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ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
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findings obsolete, limiting their future applicability in a dynamic context such as
the current one in Ukraine.
3. Analysis and discussion of results
According to Walsh (1974), historical stages are defining moments in the
development of political and legal ideas that reflect significant changes in the
structure and functioning of a given society. These stages usually allow us to
analyze how power relations have been affirmed, challenged, and transformed
over time. In the context of Ukraine, the stages that define legal and institutional
development in the creation of social measures to prevent crimes against the
environment are urgent tools to understand the evolution of its legal framework
and its impact on environmental protection, respectively. According to Scott's
(2023) criteria, through the study of these stages, patterns and trends can be
identified that inform current and future policies. Therefore, the historical-
historiographical view is the key to understanding how past decisions have shaped
the present and how they can prospectively influence the future.
Having clarified the above, the first stage, which spans from 1991 to 2000,
is characterized by the dialectical transition of Ukraine to a sovereign state after
the dissolution of the Soviet Union USSR. During this period, fundamental laws
such as the Environmental Protection Law were enacted in 1991, which
established basic principles for environmental management. However, as already
mentioned, this legal framework faced significant challenges due to the lack of
resources and institutional capacities typical of a State in political transition. For
these and other reasons, at this historical moment environmental policies were
commonly ineffective and lacked a systematic legal approach. Here, official
Clío. Revista de Historia, Ciencias Humanas y Pensamiento Crítico
ISSN: 2660-9037 / Provincia de Pontevedra - España
Marko Serhiv
Borutska Yuliia
Voroniatnikov Oleksandr
Kiblyk Daria
Social measures to prevent criminal
offenses against the environment: a
historical and critical analysis in Ukraine
from 1991 to present
Año 5
, No. 10, julio
-diciembre, 202
5
Página
331
speeches emphasized the need to protect the environment, but concrete actions
were limited, resulting in significant environmental deterioration during this
decade.
Along the same lines, institutions such as the Ministry of Ecology and
Natural Resources were implemented, although their capacity to enforce laws was
restricted (Haraschuk, et al., 2020). In fact, the lack of coordination between
various government agencies made it even more difficult to effectively implement
environmental policies. In addition, the prevailing focus at this time at the
international level focused on economic growth led to an unsustainable
exploitation of natural resources, which exacerbated environmental problems.