According to the assessment of the European Commission, Ukraine is at an early stage of European integration (acquis communautaire), including in the field of environmental protection and adaptation to climate change. In fact, Ukraine received one point in the five-point rating system. The European Commission emphasized the need to implement the requirements of the EU Habitats and Bird Directives and create a proper management system for protected areas. The requirements of the EU-Ukraine Association Agreement regarding implementation of the Bird Directive, the Bern Convention, etc. remain unfulfilled.
The draft law released by the Ministry of Environment, as part of European integration intentions “On Amendments to Certain Legislative Acts of Ukraine on Increasing the Effectiveness of Management of Protected Natural Areas and Objects of the Nature Reserve Fund” creates conflicts in the current legislation, corruption risks in terms of using natural resources and lands of protected areas. This contradicts the principles of green reconstruction of Ukraine, which were repeatedly declared by all stakeholders.
The main risks caused by the draft law:
1. Corruption risks
The proposed procedure of liquidating consequences of accidents and natural disasters contains significant corruption risks, as it obliges to use a natural resource without any permit document, and then obtain such documents.
Issuance of permits and approval of limits does not involve public participation. Neither is envisaged publication of permits and limits in the official open data bases on the websites of the permitting authorities. Such legislative initiatives open the way to corruption risks, and are also a violation of Art. 6 of the Aarhus Convention.
Creation of one special administration for several institutions of nature reserve fund makes it impossible to respond promptly to violations of nature protection legislation and increases corruption risks due to the unsettled issue of legal responsibility.
2. Nontransparency. Violation of procedural environmental rights of people and citizens
When the general trend in Ukraine and in the world is openness of data, the Ministry of Environment proposed to make access to the State Cadastre of territories and objects of the nature reserve fund closed and paid, which, together with closed process of issuing permits and approving limits, significantly narrows the rights of the public to access environmental information and is a violation of the Aarhus Convention and turns Ukraine in the opposite direction from the acquis communautaire.
3. Short-sightedness
Deprivation of the National Academy of Sciences of Ukraine of the function to coordinate scientific activities in protected areas and manage the Red Book of Ukraine shows that the initiators absolutely do not understand such changes and importance of a scientific approach, best practices and technologies for quality management of the state and its resources, the role of science, innovation and digitalization in policy building in developed democratic countries. The Appeal with a similar position has been also posted on the portal of the National Academy of Sciences of Ukraine.
4. Impoverishment due to reduction of financial mechanisms of managing the territories and objects of nature reserve fund
Instead of developing new financing mechanisms for national nature parks and nature reserves, which are currently significantly underfunded, the draft law proposes to eliminate the possibility of using special environmental funds for institutions of the nature reserve fund. This decision will narrow the possibilities of financing the post-war restoration of nature conservation areas or liquidation of consequences of emergencies and natural disasters. In addition, such an initiative will lead to a collision and violation of Art. 13 of the Budget Code of Ukraine.
Changes to the procedure of creating territories and objects of nature reserve fund will lead to a complete stop of this process in Ukraine, as the cost of protected areas creation projects will increase hundreds of times.
Thus, this draft law creates a number of conflicts in the current legislation, narrows the environmental rights of citizens, creates new corruption risks and worsens the already imperfect system of management of territories and objects of the nature reserve fund.
In view of the above, environmental NGOs demand the following:
to suspend the work of the Ministry of Environment and Natural Resources of Ukraine on the draft law “On Amendments to Certain Legislative Acts of Ukraine on Increasing the Effectiveness of Management of Protected Natural Areas and Objects of the Nature Reserve Fund”;
to reform the system of managing protected natural territories, objects of nature reserve fund and properly implement the Bern Convention, transpose the Habitat and Bird Directives;
to develop the 2030 National Strategy for Biodiversity in accordance with the goals of the Global Biodiversity Framework Program which provides for an increase in the area of nature conservation territories and objects of the nature reserve fund, restoration of nature, stopping extinction of species, control of invasive species and proper assessment of nature contribution into welfare of people;
to ensure transparency, accountability and public participation in environmental decision-making, especially during full-scale war and post-war reconstruction;
understanding the limited resources, low institutional capacity of the authorities and lack of resources for good quality organization and implementation of the work on such complex strategic issues, we consider it critically important to create a separate central executive authority that will ensure implementation of state policy in the area of managing nature reserves and preserving biodiversity.
The statement developed by:
International charitable organization “Environment-People-Law”
“Ukrainian Nature Conservation Group” (UNCG)
Public Union World Wild Fund for Nature Ukraine
“The Danube-Carpathian Program” NGO
The statement supported by:
- National Ecological Centre of Ukraine
- International Fund for Animal Welfare (IFAW)
- “Ecoaction” – Center for Environmental Initiatives
- “Center for Regional Studies” NGO
- Kyiv Environmental and Cultural Center
- Rewilding Ukraine
- Ukrainian Society for the Protection of Birds, Birdlife Ukraine
- “Chysto.de” NGO
