ANALYSIS AND OFFERS FOR THE REGULATIONS IMPROVEMENT OF THE DRAFT LAW «ON AMENDMENTS TO LEGISLATIVE ACTS OF UKRAINE ON IMPROVING EFFICIENCY OF THE PROTECTED ARES AND OBJECTS OF THE NATURE-RESERVE FUND MANAGEMENT»

Abstract

In this article, the author analyses the main provisions of the draft Law «On Amendments to Legislative Acts of Ukraine on Improving Efficiency of Protected Areas and Objects of the Nature-Reserve Fund Management» of 12th January 2023. In broad outline, the specifics of the draft law consist not just of the improvement of the regulations governing the management of protected areas, which according to the national legislation and using its terms are legally recognised as areas of the «State Nature Conservation Fund», but aims to improve regulations for management and use of other valuable nature areas. The comparative analysis of the particular provisions of the draft law with the currently effective legislation demonstrates that the amendment of the Law of Ukraine «On the Nature Conservation Fund of Ukraine» by introducing the term «protected areas» into the most of its provisions hardly correspond with other provisions of this law as well as with other legal acts of the Ukrainian legislation. The author analyses the provisions of the draft Law «On Amendments to Legislative Acts of Ukraine on Improving Efficiency of Protected Areas and Objects of the Nature-Reserve Fund Management» in terms of different categories of the protected areas: the Emerald Network sites, wetlands of international importance etc. As each of the categories has its own specific, the author comes to the conclusion that the process of the Regulations’ development may lead to huge bureaucracy leaving a much less space for conservation, research and other environmental protection activities. In addition, there is an essential gap in the draft law because it does not clearly establish who shall be responsible for the development of Regulations. The study pays considerable attention to legal regulations of the Emerald Network sites, which total area is twice bigger than the protected areas of all the Nature Conservation Fund belonging. The author emphasises that a specific law on the Emerald Network is required. This is caused not only by Ukraine’s commitments under the Association Agreement between the EU and Ukraine, but because Ukraine is a party of the Bern Convention stipulating the creation of the Emerald Network in the countries where the convention was adopted and ratified. Therefore, the draft law «On the areas of the Emerald Network» that has already been submitted to the Parliament of Ukraine would rather be adopted than the Law «On the Nature Conservation Fund of Ukraine» is extended to the Emerald Network. In the course of the study, the provisions of the draft law on the legal regime of biosphere reserves of Ukraine are analyzed, taking into account implementation of their main functions. Based on the real practice of the nature reserve fund’s functioning, the author notes that the powers and activities of the nature reserve fund state protection service are of primary importance for ensuring their regime. However, in reality, it is proposed to radically reduce its status and remove articles related to the authority of this body. There is a purposeful, unjustified sharp reduction in the role of the National Academy of Sciences of Ukraine in the coordination and generalization of scientific research and, in general, the leveling of the scientific component in the activities of the nature reserve fund objects. The author draws attention to the fact that the problems and shortcomings of this draft law are not exhaustive. Their research and analysis will be continued in the following scientific works.