elni Review 2022, pp. 51-57. https://doi.org/10.46850/elni.2022.009
The article provides a critical analysis of the state of development of participatory democracy instruments in Ukraine in particular of access to information relevant to the decision-making and public participation in environmental matters. The piece explores the major regulatory shifts in these areas brought by implementation of the EU-Ukraine Association Agreement and associated adoption of legal frameworks on access to public information and on environmental impact assessment. Current legislative proposals on industrial emissions soon to be considered by the Parliament of Ukraine are analysed in detail to demonstrate the continuation of the trend. This leads to a conclusion that access to information and public participation in decisions on specific activities in Ukraine are developing in conformity with the European standards and will continue to develop both in terms of further digitalisation, automatization and customisation for the needs of a specific decision-making, and in terms of covering more environmental permits and other decisions on specific activities.
- Aleksyeyeva, Ye. (2019). Legal standing in cases related to violations of environmental legislation. Compendium of Abstracts from the International judicial forum Judicial Protection of Natural Environment and Environmental Rights. Accessible here.
- Anapyanova, A., Jendrośka, J. (2021). Conference report: ‘Revision of the Industrial Emissions Directive: in search of consistency with climate, energy and circular economy policies?’. elni Review 2021, Vol. 21, pp. 35-40. DOI: https://doi.org/10.46850/elni.2021.005.
- Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. Accessible here.
- Convention on Access to Information, Public Participation in the Process decision-making and access to justice in environmental matters, 25 June 1998. Accessible here (in Ukrainian).
- Draft Law on Ensuring the Constitutional Rights of Citizens to a Safe Environment for Life and Health, ref. # 6004-2, September 22, 2021. Accessible here.
- Draft Law on Integrated Prevention and Control of Industrial Pollution, ref. # 6004 September 7, 2021. Accessible here.
- Draft Law on Prevention, Reduction and Control of Pollution Occurring as a Result of Industrial Activity, ref. # 6004-1, September 7, 2021. Accessible here.
- Environment People Law (2021). The environmental democracy index: an updated score for Ukraine. Accessible here.
- European Commission (2022a). Communication from the Commission COM(2022) 233. ‘Ukraine relief and reconstruction’. Accessible here.
- European Commission (2022b). ‘European Commission recommends to Council confirming Ukraine, Moldova and Georgia’s perspective to become members of the EU and provides its opinion on granting them candidate status’. Press release IP/22/3790. Accessible here.
- Ladychenko, V. and Golovko, L. (2018). The Right of Access to Environmental Information in Ukraine and the EU. European Journal of Sustainable Development, 7(3): 455-459. DOI: https://doi.org/10.14207/ejsd.2018.v7n3p455.
- Law of Ukraine on Access to Public Information (as of 2016). Accessible here (in English).
- Law of Ukraine on Environmental Impact Assessment (as of 2017). Accessible here (in English).
- Law of Ukraine on Information (as of 2022). Accessible here (in Ukrainian).
- Maastricht Recommendations on Promoting Effective Public Participation in Decision-making in Environmental Matters prepared under the Aarhus Convention. ECE/MP.PP/10-ECE/MP.EIA/SEA/5, November 2015. Accessible here. https://doi.org/10.18356/a36af035-en.
- Raczyńska, W. (2020a). Public participation procedure in the new Ukrainian legal framework on environmental impact assessment in the light of the requirements of international, EU and Polish. Summary. Uniwersytet Opolski Instytut Nauk Prawnych. Accessible here.
- Raczyńska, W. (2020b). Public participation procedure in the new Ukrainian legal framework on environmental impact assessment in the light of the requirements of international, EU and Polish. PhD Thesis. Uniwersytet Opolski Instytut Nauk Prawnych.
- Shparyk, N. (2018). Legal Regulation of Environmental Impact Assessment in Ukraine: Current State. Journal of Vasyl Stefanyk Precarpathian National University, 5(2): 152-162. DOI: https://doi.org/10.15330/jpnu.5.1.152-162.
- Supreme Court of Ukraine (2021). ‘Citizens’ Access to Justice to Protect the Right to Safe Environment May Not Be Restricted in Any Way’, 17 February Accessible here.
- The Access Initiative (2014). Environmental Democracy Index score for Ukraine. Accessible here.
- UNECE (2014). The Aarhus Convention: An Implementation Guide (second edition). ECE/CEP/72/Rev.1. Accessible here.
- UNECE (2017). Compliance by Ukraine with its obligations under the Convention, Report of the Compliance Committee to the Sixth session of the Meeting of the Parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Budva, Montenegro, 11 – 13 September. Accessible here.
- Vyhryst, S. (2019). Introduction of the EU model of EIA and SEA in Ukraine. Ukrainian Journal of International Law, № 2/2019: 56-59. Accessible here. https://doi.org/10.36952/uail.2019.2.56-59.