What legal mechanisms exist to protect farmers from the risk of ...?

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...deterioration of soil or water quality as a result of the use of pesticides and other agrochemicals?

03.05.2023 15:26 791

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Photo of sikorsky.y.o Yaroslav Sikorsky

There is civil and administrative liability for violation of the rules of application, storage, transportation, disposal, liquidation and burial of pesticides and agrochemicals, toxic chemicals and other drugs.

ADMINISTRATIVE RESPONSIBILITY

In accordance with Article 83 of the Code of Administrative Offenses, violation of the rules for the use, storage, transportation, neutralization, liquidation and burial of pesticides and agrochemicals, toxic chemicals and other preparations entails the imposition of a fine on citizens from three to seven tax-free minimum incomes of citizens and on officials - from seven to ten tax-free minimum incomes of citizens.

In accordance with the provisions set forth in the Regulation on the State Service of Ukraine on Food Safety and Consumer Protection, which was approved by Resolution No. 667 of the Cabinet of Ministers of Ukraine dated September 2, 2015, the **State Consumer Service ** performs its functions, in particular, performs state control over compliance with regulations regarding safe production, transportation, storage, use of pesticides and agrochemicals. Control of the content of residual amounts of pesticides and agrochemicals in food products and raw materials is also carried out, in particular in imported medicinal herbs, water bodies, water used for household and drinking supply, bathing, sports activities, organized recreation and for medical purposes, medical mud, soil, on the lands of settlements, health and recreational purposes.

CIVIL LIABILITY

In case of violation of the rules of application, storage, transportation, neutralization, liquidation and burial of pesticides and agrochemicals during the performance of relevant works or violation of the technology and procedure of spraying, which led to harm to other persons, the question of recovery of damages may arise in accordance with Article 1187 of the Civil Code of Ukraine.

In order to protect his interests in court, the injured person needs to prove certain facts on which the satisfaction of his claims will depend.

If the victim believes that he has suffered negative consequences due to the use of pesticides, he must immediately document this fact by contacting the State Production and Consumer Service to conduct an examination and draw up an appropriate examination report with the participation of representatives of the service.

The decision to impose an administrative fine on the violator, which was mentioned above, is considered indisputable proof of his illegal activity. In order to successfully consider the case, it is also necessary to prove a causal connection between the illegal act and the damage caused. This connection can be confirmed by the presence of a protocol of laboratory tests, in which it should be indicated which pesticide was used to spray the field of the injured and guilty parties

07.06.2023 14:15

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