Region: Ukraine, Kyiv
Subject of the case: Seeking to have Cabinet of Ministers of Ukraine Resolution №1003 of 30 August 2024 “On the Implementation of an Experimental Project on a Simplified Procedure for Obtaining a Permit to Carry Out Waste Treatment Operations”, as amended by Resolution № 340 of 25 March 2025, declared unlawful and invalid.
Parties: Claimant – International Charitable Organisation “Environment–People–Law” (EPL); defendant – the Cabinet of Ministers of Ukraine; third party on the defendant’s side – the Ministry of Economy, Environment and Agriculture of Ukraine.
Nature of the issue: The Cabinet of Ministers of Ukraine introduced an experimental project providing for a simplified procedure for obtaining permits to carry out waste treatment operations. EPL considered that the procedure established by the Government’s resolution was contrary to Ukrainian legislation, as it allowed such permits to be obtained without complying with statutory requirements, in particular the requirement to have an environmental impact assessment conclusion. In EPL’s view, the Government had exceeded its powers by effectively amending, through a subordinate regulatory act, the statutory requirements governing waste management and environmental safety.
Key facts: By Resolution №1003 of 30 August 2024, the Cabinet of Ministers of Ukraine approved the procedure for implementing a two-year experimental project on the simplified issuance of permits to carry out waste treatment operations through the Waste Management Information System, a functional module of the Unified Environmental Platform “EcoSystem”. By Resolution № 340 of 25 March 2025, amendments were made to this procedure, including an expansion of the range of business entities covered by the experimental project and the introduction of additional conditions for obtaining permits.
EPL brought proceedings before the court, arguing that the simplified procedure was inconsistent with Article 42 of the Law of Ukraine “On Waste Management”, which establishes the statutory requirements for obtaining a permit to carry out waste treatment operations, including the documents that must be submitted to obtain such a permit. The organisation also emphasised that, pursuant to Article 92 of the Constitution of Ukraine, the foundations of environmental safety must be determined exclusively by laws of Ukraine. Therefore, the Cabinet of Ministers had no authority to amend statutory requirements by adopting a resolution.
The Government opposed the claim, referring to the legislative basis for conducting experimental projects in areas falling within the responsibility of the Cabinet of Ministers of Ukraine. It maintained that the contested resolutions had been adopted within its powers and were aimed at improving waste management.
Court proceedings:
By a ruling of 21 May 2025, the Kyiv District Administrative Court opened proceedings in case № 320/18154/25.
By its judgment of 17 April 2026, the Kyiv District Administrative Court upheld EPL’s claim in full.
The Court declared Cabinet of Ministers of Ukraine Resolution №1003, as amended by Resolution №340, unlawful and invalid. The Court also ordered the Cabinet of Ministers of Ukraine to publish the operative part of the judgment, without delay after the judgment enters into legal force, in the official publication in which the contested regulatory act had been published. In addition, the Court ordered the defendant to reimburse EPL for the court fee.
The Cabinet of Ministers of Ukraine appealed the judgment to the Sixth Administrative Court of Appeal.
By a ruling of 25 August 2026, the Sixth Administrative Court of Appeal opened appellate proceedings on the basis of the Cabinet of Ministers of Ukraine’s appeal.
