International legal protection of the Carpathians: the Ukrainian dimension

Abstract

Effective support for the sustainable development of the Carpathian region cannot be provided by only one country, therefore interregional and transnational cooperation is necessary. The article analyzes the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians, which was adopted on May 22, 2003 in Kyiv, as well as its protocols (Protocol on the Conservation and Sustainable Use of Biological and Landscape Diversity dated May 22, 2003, Kyiv, Protocol on Sustainable Forest Management dated May 27, 2011, Bratislava, Protocol on Sustainable Tourism dated May 27, 2011, Bratislava, Protocol on Sustainable Transport dated September 26, 2014, Mikulov, Development Protocol of Agriculture and Rural Areas dated October 12, 2017). It was established that the specified international legal acts are part of the national legislation and ensure: a) comprehensive legal regulation of the protection of the Carpathians as a unique natural, social, ethno-cultural and economic object, which is based on the principles of proper management and sustainable development; b) an integrated approach to the legal protection of the Carpathians in terms of preservation and sustainable use of biological and landscape diversity, sustainable forest management, sustainable tourism, sustainable transport, sustainable development of agriculture and rural areas; c) an ecosystem approach to the use and preservation of natural resources of the Ukrainian Carpathians. At the same time, the Framework Convention on the Protection and Sustainable Development of the Carpathians, as well as the protocols to it, have a number of legal defects, in particular, some poor wording of norms, insufficient provisions ensuring the implementation of the prescriptions of the specified international legal acts, lack of provisions on responding to violations of obligations.
 In order to fulfill Ukraine's international obligations, the Cabinet of Ministers of Ukraine on October 20, 2019, by Resolution No. 880, approved the State Development Program of the Ukrainian Carpathian Region for 2020-2022. The article found out that the priority directions for the sustainable development of the mountainous territories of the Ukrainian Carpathians provided for by the State Program fully implement the provisions of the Framework Convention on the Protection and Sustainable Development of the Carpathians and its protocols. Achieving the goal of the State Program will be ensured by implementing program measures in four priorities (directions): a) formation of a competitive economy of mountain areas; b) abolition of infrastructural restrictions, development of spatially balanced road, industrial and social infrastructure; c) development of tourism potential by preserving and supporting cultural heritage and traditional crafts of the local population; balanced use of natural healing and recreational resources; d) ensuring environmental safety by restoring forests and optimizing the structure of landscapes; improving the sanitary, hygienic and ecological condition of settlements; construction and modernization of anti-erosion, hydrotechnical, anti-karst, anti-avalanche structures, as well as carrying out measures to protect against flooding and inundation, aimed at preventing the development of dangerous geological processes on the territory.
 The article found that due to the lack of targeted funding from the state budget, the implementation of the Program in 2020 was only 76%. As with any state program, the issue of financing the State Program for the Development of the Ukrainian Carpathian Region for 2020-2022 deserves special attention. In accordance with the section "Amount of financial, material, technical and labor resources necessary for the implementation of the Program", the financial support of the Program is carried out at the expense of funds provided for in the state budget for the relevant year, funds of local budgets, as well as at the expense of international financial and technical assistance and other sources not prohibited by law. Therefore, in order to achieve the tasks set by the State Program, the authors draw attention to the need to adjust the financial and economic mechanism of its provision, although this is extremely difficult in the conditions of martial law.