According to Article 37 of the Law of Ukraine "On Beekeeping", natural and legal persons who use plant protection products for the processing of honey-bearing plants, must, not later than three days before the processing, notify the beekeepers, the hives of which are at a distance up to ten kilometers from the cultivated area. In this case, the date of treatment, the name of the drug, the degree and duration of the drug toxicity must be reported.

According to Art. 38 of the Law of Ukraine "On beekeeping" breach of the law in the field of beekeeping entails disciplinary, administrative, civil or criminal liability in accordance with the laws of Ukraine. In particular, the responsibility for breaching the legislation in the field of beekeeping is borne by those who are guilty of not reporting (concealment) or providing false information about the threat to bees when applying plant protection products.

In this case, claims for damages may be claimed, as to the losses incurred by a person in connection with the destruction or damage to the thing, as well as the expenses that the person has or should do to restore his violated right (actual damage), and in relation to the income that a person could actually receive under normal circumstances if his or her right was not violated (loss of profit). The amount of damages is subject to proof by the claimant claiming damages.

Responsibility for the damage (damage caused) can occur only in the presence of the grounds to which the legislator attributes: the presence of harm (1), the wrongful conduct of the perpetrator of harm (2), the causal link between the harm and the wrongful conduct of the infectant (3), guilty (4). In the absence of at least one of these elements, civil liability will not occur. At the same time, in the words of the Supreme Court of Ukraine, losses are monetary losses (AMU ruling of March 18, 2015 in the case of 3-18h15).

Wednesday, 4 July 2018

 

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