Ukraine has chosen the way of recovery,which should be aimed at improving the quality of life and implementing European standards. Therefore, recovery planning must be in line with European approaches and take into account environmental, climate and resource-saving aspects. Other tools designed to ensure good quality decision-making include SEA and EIA. The application of these environmental assessments, as well as the development and implementation of restoration projects should be aimed, inter alia, at meeting EU requirements in the environmental area.
However, unfortunately, our legislators believe that restoration programs, in particular those covering oblasts and territories of territorial communities, do not require environmental analysis, development of environmentally sound approaches and alternatives in the process of preparing restoration programs. Therefore, on May 12, 2022, the draft law 7282 was adopted. It is on amendments to some laws of Ukraine on priority measures to reform the sphere of urban planning, which introduced these programs, but decided that SEA is not required for them. In particular, this is reflected in Art. 15-1, 15-2 of this draft law: “which is reflected in Article 151 “Program of complex restoration of the region …. Part 8. The program of complex restoration of the region is not subject to strategic environmental assessment, review by the architectural and town-planning council. Article 15-2. The program of complex restoration of the territory of the territorial community (its part) Part 8. The program of complex restoration of the territory of the territorial community (its part) is not subject to strategic environmental assessment, nor to review by the architectural and town-planning council. ”
The draft law has been submitted for signature to the President of Ukraine. We hope that the President, who spoke in favor of a green way to restore Ukraine and rapid implementation of European integration aspirations, will amend this draft law to avoid neglecting European approaches to planning the development of our country.
We understand the need for a speedy recovery of Ukraine. But it should be borne in mind that the areas to be restored have suffered significant environmental damage as a result of hostilities. Therefore, we cannot neglect these aspects and should take them into account in long-term planning and we cannot create new environmental problems related to the lack of consideration of the environmental component in the early stages of planning. We had already witnesses the consequences of the rapid pace of socialist planning without taking into account interests of individuals and the environment, which have now turned into man-made disasters in many regions of Ukraine. Therefore, when planning the restoration, we must take into account the environmental component, so as not to create new problems for future generations, but to ensure comfortable and safe living now to those people who are now fighting for freedom and independence of Ukraine.
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For your reference, the Law on Strategic Environmental Assessment entered into force on April 12, 2018. The SEA procedure is logically related to environmental impact assessment and the reason for its emergence is that the signatory countries of the Convention on Environmental Impact Assessment in a Transboundary Context (hereinafter – the Espoo Convention) realized that to establish environmental conditions at the stage of desigining a project or activity is too late if we want to ensure maximum compliance with environmental and sustainability standards. Therefore, the countries parties to the Espoo Convention have agreed that environmental risk assessment should be carried out at the stage of preparation and approval of state planning documents. Such an agreement is enshrined in the Protocol on Strategic Environmental Assessment to the Espoo Convention. This Protocol was adopted on May 21, 2003, and ratified by Ukraine on July 1, 2015. The civil society had fought for 15 years for the state’s implementation of relevant legislation in this area.
