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ECOLOGICAL INSURANCE OF ENTREPRENEURS IN POLAND

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UDC 368:504(438)
 
CZECH Marta,
M.A., Department of Civil Law Faculty of Law,
University in Bialystok
 
ECOLOGICAL INSURANCE OF ENTREPRENEURS IN POLAND
 
Background. Business activity always has significant impact on condition of the environment. The basic task of environmental law is to prevent it from environmental damage causing liability of entities using the environment. Ecological insurance may be one of the reasonable solutions for businessmen. However, in order to be applied in appropriate way, it needs to be supported by effective legal provisions.
Review of scientific sources. Ecological insurance seems to be still not fully recognized issue. As it is regulated in legal acts in a narrow way, there are only several available positions of literature, most of them do not contain detailed aspects, neither theoretical nor practical. In this article there are also used the websites of insurance companies in order to show how ecological insurance functions in practice.
The purpose of this article is to indicate some significant problems existing in the sphere of economic insurance on the ground of Polish legislature and to present some solutions that were recently applied in Ukrainian law.
Results. Accidents causing danger of environmental damage happen very often, while only small percentage of them is registered, therefore the real scale of the problem cannot be fully recognized. The process of development ecological insurance market faces many obstacles, significant part of them is related with lack of necessary legal provisions. Introduction of provisions concerning ecological insurance to Ukrainian law, as a new regulation should be evaluated after some time of their applying.
Conclusions. In the Author’s opinion ecological insurance is a good solution for management of the risk of environmental damage. However, this issue should be concerned at many levels, as it also raises concerns that the obligation of including insurance contracts will lead to reversing the burden of this obligation on the consumer by increase in prices of goods and services.
 
Keywords: ecological insurance, business activity, environmental damage, security of claims.

 ECOLOGICAL INSURANCE OF ENTREPRENEURS IN POLAND