Publication date: 09.07.2024
Legal regulation of environmental protection in Ukraine
Introduction.
Environmental protection is one of the priority tasks of the state policy aimed at preserving natural resources, protecting human health and ensuring sustainable development. The legal regulation of environmental protection includes a set of regulations, international treaties and conventions that define the basic principles, measures and mechanisms of environmental protection. In this article, we will consider the main aspects of legal regulation of environmental protection in Ukraine, its principles, regulatory framework and implementation mechanisms.
Basic principles of legal regulation of environmental protection
The legal regulation of environmental protection in Ukraine is based on several key principles that ensure the effectiveness of environmental policy and the preservation of natural resources:
Theprinciple of sustainable development. Balanced use of natural resources, taking into account the needs of present and future generations.
Theprinciple of prevention. Preventing negative environmental impacts before they occur by implementing environmental standards and regulations.
Theprinciple of payment for natural resources use. The use of natural resources is carried out on a paid basis, which contributes to the rational use and protection of the environment.
Theprinciple of damage compensation. Compensation for damage caused to the environment by persons whose activities led to such damage.
Theprinciple of public participation. Involvement of the public in the decision-making process in the field of environmental protection, ensuring access to environmental information.
Theprinciple of international cooperation. Cooperation with other states and international organizations to address global environmental issues.
Key regulatory acts
The legal regulation of environmental protection in Ukraine is based on a number of regulatory acts, among which the key ones are
TheConstitution of Ukraine. The Constitution defines the basic principles of environmental protection, including the right of everyone to a safe environment for life and health, as well as the obligation of the state to ensure environmental safety.
TheLaw of Ukraine "On Environmental Protection". This law is the main regulatory act that defines the legal framework for environmental protection, the rights and obligations of business entities and citizens in the field of environmental protection.
TheLaw of Ukraine "On Environmental Expertise". The Law regulates the procedure for conducting an environmental impact assessment, which is mandatory for projects that may have a significant impact on the environment.
TheLaw of Ukraine "On the Nature Reserve Fund of Ukraine". This law defines the legal basis for the creation, protection and use of the nature reserve fund, which includes national parks, reserves, sanctuaries and other nature protection areas.
TheLaw of Ukraine "On Waste". The law regulates waste management, sets requirements for waste collection, storage, transportation, treatment and disposal.
Water Code of Ukraine. The Code defines the legal framework for the use and protection of water resources, sets requirements for water use and protection of water bodies.
Land Code of Ukraine. The Code regulates legal relations in the field of land use and protection, establishes requirements for the rational use of land resources and their protection.
The SubsoilCode of Ukraine. The Code defines the legal basis for the use and protection of subsoil, establishes requirements for geological exploration, mining and protection of subsoil.
TheAir Code of Ukraine. The Code regulates the protection of atmospheric air and sets requirements for emissions of pollutants into the atmosphere.
Forest Code of Ukraine. The Code defines the legal framework for the use and protection of forest resources, sets requirements for forest use and protection.
Mechanisms for implementing environmental policy
To implement environmental policy in Ukraine, various mechanisms are used to ensure compliance with environmental legislation:
Environmental impact assessment. The environmental impact of projects is assessed through an environmental impact assessment, which is mandatory for projects that may have a significant impact on the environment.
Environmental control. State environmental control is carried out by specially authorized bodies that conduct inspections of compliance with environmental legislation, identify violations and impose sanctions.
Environmental licensing. Activities that may have a significant impact on the environment are subject to mandatory environmental licensing, which involves the issuance of permits for such activities.
Environmental payments and fees. To encourage the rational use of natural resources and environmental protection, environmental fees and charges are established and are payable for the use of natural resources and environmental pollution.
Environmental insurance. Introduction of environmental insurance to cover possible environmental damage caused by accidents or other emergencies.
Environmental education and awareness. Raising environmental awareness of the population through educational programs, seminars, trainings and information campaigns.
International cooperation. Ukraine's participation in international treaties and conventions, cooperation with other states and international organizations to address global environmental issues.
International aspects of environmental protection
Ukraine is a party to a number of international treaties and conventions regulating environmental issues. The main international documents include:
Convention on Biological Diversity. The Convention is aimed at the conservation of biological diversity, the sustainable use of its components and the equitable sharing of benefits arising from the utilization of genetic resources.
TheUnited Nations Framework Convention on Climate Change. The Convention aims to prevent anthropogenic climate change, in particular by reducing greenhouse gas emissions.
Kyoto Protocol. A protocol to the UN Framework Convention on Climate Change that establishes obligations for developed countries to reduce greenhouse gas emissions.
Paris Agreement. A global agreement aimed at combating climate change, limiting the increase in global average temperature and strengthening the adaptive capacity of states.
Convention for the Protection of the Ozone Layer. The Vienna Convention and the Montreal Protocol aim to protect the ozone layer by controlling the production and use of ozone-depleting substances.
Convention on the Protection and Use of Transboundary Watercourses and International Lakes. The Convention regulates cooperation between states in the field of protection and rational use of transboundary water resources.
Convention to Combat Desertification. The Convention is aimed at preventing land degradation and desertification, especially in countries experiencing drought and land degradation.
Challenges and prospects for the development of legal regulation of environmental protection
The legal regulation of environmental protection in Ukraine faces a number of challenges that need to be addressed and resolved to ensure an effective environmental policy:
Insufficient funding. Lack of financial resources for the implementation of environmental programs and projects, which makes it difficult to comply with environmental legislation.
Imperfect legislative framework. There is a need to improve legislation, harmonize it with international standards and requirements, and eliminate gaps and inconsistencies.
Lack of effective control mechanisms. Insufficient effectiveness of state environmental control, the need to increase liability for violations of environmental legislation.
Low level of environmental awareness. Insufficient level of environmental awareness among the population, the need for educational programs and information campaigns to raise awareness of environmental problems and ways to solve them.
Prospects for the development of legal regulation of environmental protection include:
Increasedfunding. Attracting additional financial resources for the implementation of environmental programs and projects, creating environmental protection funds.
Improvement of the legal framework. Improvement of legislation, harmonization with international standards and requirements, development of new regulations to address current environmental issues.
Strengtheningcontrol and responsibility. Strengthening state environmental control, introducing stricter sanctions for violations of environmental legislation, and developing mechanisms to encourage compliance.
Development of international cooperation. Intensify cooperation with other countries and international organizations to address global environmental issues, participate in international environmental projects and programs.
Raisingenvironmental awareness. Conducting educational programs, seminars, trainings and information campaigns to raise environmental awareness and form an environmental culture.
Conclusion.
The legal regulation of environmental protection in Ukraine is an important aspect of ensuring environmental safety, conservation of natural resources and sustainable development. It includes the regulatory framework, mechanisms for implementing environmental policy, international cooperation and measures to raise environmental awareness of the population. Effective legal regulation of environmental protection contributes to protecting human health, preserving biodiversity and ensuring a high quality of life. Ensuring adequate legislative and institutional support, increasing funding, strengthening control and responsibility, and developing international cooperation are key tasks for the further development of environmental policy in Ukraine. This will ensure sustainable development, conservation of natural resources and improvement of environmental quality for present and future generations.
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