Abstract
Ukraine's aspiration for European Union integration has been defined in national policies, laws and international treaties since 1994: within the Partnership and Cooperation Agreement framework between Ukraine and the European Union (1994), the Eastern Partnership (2009), the Law of Ukraine "On the Principles of Internal and Foreign Policy" and many others. However, all these documents were of a predominantly advisory nature, without establishing a strategic need for approximation of Ukrainian legislation to EU norms, especially in the field of environmental protection and climate change mitigation. The Association Agreement between Ukraine and the European Union, signed in 2014, aims to gradually bring Ukrainian legislation in line with objectives enshrined in the EU law, which envisages "transposition" of EU law norms into the Ukrainian legal system. This paper provides detailed assessment of main stages and achievements of Ukraine’s approximation process to the European environmental law (both in terms of Eastern European specifics of environmental regulation and national challenges), and puts emphasis on institutional challenges, environmental and climate governance, proficient translation of European legislation and key requirements for public administration, related to environmental laws’ approximation.
Highlights
Fulfillment of the Association Agreement by Parliament and Government of Ukraine includes a number of policies and other documents, related to approximation of environmental laws to EU legislation
During the last several years the state made its first steps on the legal settlement of the climate change issue in Ukraine and anthropogenic greenhouse gas (GHG) emissions by developing a draft law of Ukraine "On the regulation and control of emissions and removals of greenhouse gases," "On the environmental market of Ukraine", "On regulation of energy saving ","On greenhouse gases"
Ukraine's commitments according to the Association Agreement, provisional application of certain provisions, especially regarding approximation of legislation will require a fundamental change in approach and tools in this area [5, 6]
Summary
Fulfillment of the Association Agreement by Parliament and Government of Ukraine includes a number of policies and other documents, related to approximation of environmental laws to EU legislation. During the last several years the state made its first steps on the legal settlement of the climate change issue in Ukraine and anthropogenic greenhouse gas (GHG) emissions by developing a draft law of Ukraine "On the regulation and control of emissions and removals of greenhouse gases," "On the environmental market of Ukraine", "On regulation of energy saving ","On greenhouse gases" All these projects have a common goal - to determine the legal and organizational basis for preventing and mitigating climate change effects, Ukraine's commitments under the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol and even some overlap in content. Challenges, Appropriate Translation and Legal Compliance Scheme not accepted, and the first two of them - "instructed to consider a different project"
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