Publication date: 09.07.2024
Legal regulation of forest resources in Ukraine
Introduction
Forest resources are an integral part of Ukraine's natural wealth, ensuring environmental sustainability, economic development and social well-being. Forests perform numerous ecological functions, including climate regulation, soil protection, biodiversity maintenance, and provision of clean air and water. The legal regulation of forest resources in Ukraine is aimed at ensuring their rational use, protection, reproduction and sustainable development. In this article, we will consider the main principles, regulatory framework and mechanisms of legal regulation of forest resources in Ukraine.
Basic principles of legal regulation of forest resources
The legal regulation of forest resources in Ukraine is based on several basic principles aimed at ensuring the rational use and protection of forests:
Theprinciple of sustainable development. Forest resources should be used in a way that does not jeopardize the ability to meet the needs of future generations.
Theprinciple of rational use. Forest resources should be used efficiently and economically, with minimal losses and maximum recovery.
Theprinciple of environmental safety. When using forest resources, it is necessary to ensure environmental safety and preservation of natural ecosystems.
Theprinciple of damage prevention. Measures for the use of forest resources should provide for the prevention of negative consequences for the environment and human health.
Theprinciple of payment for forest use. The use of forest resources is carried out on a paid basis, which contributes to the rational use and protection of forest resources.
Theprinciple of responsibility. Persons using forest resources are responsible for the conservation and restoration of forests, as well as for compensation for damages.
Main regulatory acts
The legal regulation of forest resources 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 and rational use of natural resources, including the right of everyone to a safe environment for life and health and the obligation of the state to ensure environmental safety.
TheForest Code of Ukraine. The Forest Code is the main regulatory act that governs legal relations in the field of use and protection of forest resources, sets requirements for forest use and protection.
TheLaw of Ukraine "On Environmental Protection". This law defines the legal framework for environmental protection, including forest resources, and the rights and obligations of business entities and citizens in this area.
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 forests of special environmental value.
TheLaw of Ukraine "On Hunting and Fishing". The law regulates the use of forest resources for hunting and hunting activities, and sets requirements for the protection of hunting grounds.
TheLaw of Ukraine "On Wildlife". The law defines the legal framework for the protection, use and reproduction of wildlife, which is an integral part of forest ecosystems.
Mechanisms of legal regulation of forest resources
Various legal regulation mechanisms are used in Ukraine to implement environmental policy and ensure the rational use of forest resources:
Forest management. Forest management, which includes inventory of forest resources, assessment of their condition, planning of measures for the use, protection and reproduction of forests.
Forest certification. Implementation of a forest certification system that confirms the compliance of forest management with international standards of sustainable development and environmental safety.
Environmental expertise. Assessment of the impact of economic activity on forest resources is carried out through environmental impact assessment, which is mandatory for projects that may have a significant impact on forests.
Licensing and permitting system. Activities related to the use of forest resources are subject to mandatory licensing and obtaining of relevant permits, which ensures control over compliance with environmental requirements.
Environmental control. The state environmental control is carried out by specially authorized bodies that conduct inspections of compliance with the requirements of the legislation in the field of forest resources use, identify violations and impose sanctions.
Environmental payments and fees. Establishment of environmental payments and fees for the use of forest resources and pollution of forest objects, which stimulates the rational use and protection of forests.
Environmental insurance. Introduce environmental insurance to cover possible damage to forests 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 related to forest resources.
International aspects of forest resources protection
Ukraine is a party to a number of international treaties and conventions governing the protection of forest resources. The main international documents include:
Convention on Biological Diversity. The Convention is aimed at conserving biological diversity, sustainable use of its components and equitable sharing of benefits arising from the utilization of genetic resources.
TheUnited Nations Framework Convention on Climate Change. The Convention is aimed at preventing anthropogenic climate change, in particular by reducing greenhouse gas emissions that affect forest resources.
Kyoto Protocol. A protocol to the UN Framework Convention on Climate Change that establishes commitments 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.
European Forestry Convention. The Convention aims to conserve and sustainably develop forests in Europe and promote international cooperation in forestry.
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 forest resources
The legal regulation of forest resources 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 complicates the implementation of forestry 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 of 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 forest resources include:
Increasedfunding. Attracting additional financial resources for the implementation of environmental programs and projects, and establishing funds for the protection of forest resources.
Improvement of the legal framework. Improvement of legislation, harmonization with international standards and requirements, development of new regulations to address current environmental issues.
Strengthening control 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 related to forest resources.
Raisingenvironmental awareness. Conducting educational programs, seminars, trainings, and information campaigns to raise environmental awareness and develop an environmental culture.
Conclusion.
The legal regulation of forest resources 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. Effective legal regulation of forest resources helps protect human health, preserve biodiversity and ensure a high quality of life. Ensuring adequate legislative and institutional support, increasing funding, strengthening control and accountability, and developing international cooperation are key tasks for the further development of environmental policy in Ukraine. This will ensure sustainable development, conservation of forest resources and improvement of environmental quality for current and future generations.
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