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A. Legislation
The regulatory framework for EIA in Ukraine are contained in the legislation summarized below.
The Laws of Ukraine:
1. The Law of Ukraine “On Environmental Protection ” (25.06.1991).
The requirements to carry out environmental review, Environmental Impact Assessment and its procedures are outlined for the first time in Ukraine in Part VI of the Law (Articles 26-30) – “Environmental Review”, which also specifies the list of undertakings subject to environmental review, and the obligation to carry out EIA and state environmental expertise (review).
In Part XI of the Law – “Environmental Safety Measures”, Article 51 “Environmental requirements for the location, design, construction, reconstruction and putting into operation of enterprises, structures and installations”, it is stated clearly that “the projects of economic and other kinds of activities must have corresponding materials of environmental impact assessment and the impact of these activities on human health”.
2. The Law of Ukraine “On Environmental Review” (09.02.1995).
The Law defines objectives, main tasks and principles of an environmental review, outlines the list of projects/activities subject to environmental review, and delineates the procedures and methods for its realization. The need for openness in the environmental review and the participation of the general public in the EIA process is emphasized.
The Law specifies the requirements for state environmental review documentation. In particular, it outlines the requirement to undertake comprehensive environmental and economic impact assessment of proposed or existing activities on the environment, which should be presented as a separate volume (book, section) of documentation and to develop an Environmental Impact Statement of ecological implications of these activities. The Law also outlines specific requirements for the content of an EIA – Articles 8, 15, 36 - “Requirements on the materials of an environmental impact assessment”.
3. The Law of Ukraine “On Investment Activity” (18.09.1991).
This Law outlines the general legal, economic and social framework of investment activity in the territory of Ukraine, and lays down the requirement to carry out complex state examination of investment projects, which should include state environmental review.
4. The Law of Ukraine “On Licensing of Certain Kinds of Economic Activities” (2000ã.).
This Law establishes the requirement for the licensing of the activity of the specialized organizations, which are involved in the development of project documentation, including EIA materials.
Regulations of the Government of Ukraine:
5. Resolution No. 554 of the Cabinet of Ministers of Ukraine “On the Kinds of Activity and the Projects Which Pose Increased Ecological Hazard” (27.07.1995).
In accordance with Article 13 of the Law of Ukraine “On Environmental Review”, this Resolution establishes the list of “the kinds of activities and the projects, which pose increased ecological hazard” and are subject to EIA and environmental review.
6. Resolution No. 483 of the Cabinet of Ministers of Ukraine “On the Procedure of Approval of Investment Programmes and Projects of Construction and the Performance of Corresponding Complex State Expertise” (11.04.2002).
This Resolution determines the approval procedure for investment programmes and projects of construction and the performance of corresponding complex state examination.
In accordance with the Law of Ukraine “On Investment Activity”, complex state expertise (review) of investment programmes and projects of construction (with the exception of working documentation) is obligatory irrespective of the sources of financing.
Complex state examination of investment programmes and projects of construction, which are realized in the territory of Ukraine has 6 components, specifically:
State investment examination;
State sanitation examination;
State environmental review;
State examination of fire safety;
State examination of labour protection;
State examination of energy-saving.
In addition the state examination of nuclear and radiation safety is carried out in relation to the projects, which pose nuclear or radiation hazard.
The statement of complex state review is made by specialized organizations of Ukrainian state investment review on the basis of decisions by these expert commissions.
In case of a negative state environmental review made on the basis of EIA materials of the respective project, the statement of state complex review is also negative.
7. Resolution No. 1122 of the Cabinet of Ministers of Ukraine “On the Approval of the Procedure for Pubic Hearings on the Use of Nuclear Energy and Radiation Safety” (18.07.1998).
This Resolution outlines the procedures for formulating the subject of public hearings, organization of public hearings and the preparation of conclusions. Public hearings are organized and conducted by the developer in relation to the projects of construction, reconstruction, etc. of nuclear energy projects and other activities concerned with them.
Normative Documents:
8. State construction regulations of Ukraine - DBN À.2.2-1-95. “Contents of Materials of Environmental Impact Assessment (EIA) During Design and Construction of Enterprises, Buildings And Structures. Basic Regulations of Construction” (01.07.1995).
These construction regulations lay down the procedure of conducting and preparing EIA materials for preproject documentation (feasibility study or technical and economic assessments), design estimates for construction, enlargement, reconstruction and technical re-equipment of enterprises, buildings and structures, and for determining basic requirements of the contents of EIA materials.
These construction regulations are obligatory for government bodies, control and expertise authorities, local and regional self-government bodies, enterprises, organizations and institutions irrespective of ownership or citizens involved in the design and construction.
9. State construction regulations of Ukraine - DBN À.2.2-3-97. “Design. Contents, Procedure of Development, Adjustment and Approval of Project Documentation for Construction” (01.01.1998).
These construction regulations outline the contents, procedures for development, adjustment and approval of project documentation for new construction, enlargement, reconstruction and technical re-equipment of the objects of civil and industrial engineering. These construction regulations are obligatory to be observed by government bodies, supervisory bodies, developers (investors), designers, legal and natural persons.
The construction regulations contain a requirement to develop an EIA as a separate section of documentation at the different stages of design.
Instructive documents:
10. Note: Directions for the Procedure of State Environmental Review which were originally registered by the Ministry of Justice of Ukraine on July 12, 1995, No. 214/750 have since been revoked by the Order of the Ministry of Environmental Protection dated January 22, 2004, No. 12, as registered with the Ministry of Justice of Ukraine on February 10, 2004, No. 177/8776).
This instruction previously regulated the procedure of state environmental review by environmental authorities of the Ministry of Environmental Protection of Ukraine (competence of central authorities of the Ministry and its territorial environmental authorities) and was designed for use by environmental and expert authorities, specialized institutions and organizations. A new regulation addressing aspects of the state environmental review process have recently been promulgated (see 13 below).
Regulatory Documents:
11. “Recommendations for Organization and the Process of State Environmental Review of Documentation Made by Environmental Authorities of the Ministry of Ecology and Natural Resources of Ukraine” (approved by the Ministry of Ecology and Natural Resources of Ukraine (now the Ministry of Environmental Protection of Ukraine) (30.05.2000).
This document specifies the process of state environmental review as the component of state complex review. It was developed to be used by environmental and expert authorities of the Ministry of Environmental Protection of Ukraine.
12. “Recommendations for taking into consideration possible transboundary impact of the scheduled economic activities” (approved by the Ministry of Environmental Protection of Ukraine) (10.08.2001).
These recommendations are developed further to paragraph 1.8 of State Construction Regulations of Ukraine – DBN À.2.2-1-95 “Contents of Materials of Environmental Impact Assessment (EIA) During Design and Construction of Enterprises, Buildings and Structures. Basic Regulations of Construction”. They are used by environmental and expert authorities of the Ministry of Environmental Protection of Ukraine, developers and designers where the scheduled activities have potential environmental implications on the territories of neighbouring countries.
13. “Regulation on the Public Participation in Decision Making on Environmental Issues” (approved by the Order of the Ministry of Environmental Protection of Ukraine of 18 December, 2003, No. 168, registered with the Ministry of Justice of Ukraine on February 4, 2004, No. 155/8754).
This new regulation applies to public participation during the state environmental review procedure.
International Documents:
14. “Convention on Environmental Impact Assessment from a Transboundary Pollution Perspective” (signed by Ukraine on June 23-25, 1998, ratified on March 19, 1999).
15. “Convention on the Access to Information, Participation of General Public in Decision Making Process and the Access to Justice on Environmental Protection Issues” (Aarhus, Denmark, June 23-25, 1998 – signed by Ukraine on June 25, 1998, ratified on November 18, 1999).
