The status of implementation of the principles of EU environmental law into the environmental legislation of Ukraine

Abstract

Taking into account the specifics of social relations that are the subject of environmental law, their complex and multidisciplinary nature (including the interaction of law, ecology, economics, etc.), the transboundary significance of environmental threats and the need for mutual cooperation between states require that relevant national legislation be consistent with accepted and recognized international mechanisms.

The signing of the Association Agreement marks a new stage for Ukraine's environmental legislation. It can be characterized as a time of new transformations in the content, and in some cases, radical changes in the essence of environmental regulations, a comprehensive reform of the environmental sector, and the introduction of European environmental standards in Ukraine. Based on the relevant worldview transitions, the formulation of the topic of the article is also justified.

The presented work provides a comprehensive analysis of the current state of harmonization of the principles of Ukrainian environmental legislation with European approaches to environmental protection.

The process of Ukraine's European integration is a period of serious challenges, heated discussions and testing the readiness of the state and society to follow the chosen European vector. In addition, Ukraine has faced unprecedented Russian aggression, first in the form of attempts to split the country through armed separatism, and later - a full-scale invasion. At the same time, we have not abandoned the European course, and to some extent the European integration processes have even intensified. However, the implementation of certain obligations stipulated by the Association Agreement has nevertheless slowed down. In fact, Ukraine is now in a uniquely difficult situation in which the tasks of joining the EU are being carried out under martial law.

The article originally highlights the main principles of state environmental policy, national principles of environmental protection through the study of the impact on them and the tools for their implementation of the principles of EU environmental law.

By studying the current state of harmonization of the principles of Ukrainian environmental legislation with European approaches to environmental protection, the authors conclude that the legal principles of environmental protection in Ukraine are successfully correlated with the special principles of EU environmental law (precautionary and prevention principles, principle of rectification at source, sustainable development, “polluter pays” principle).

At the same time, there remains a need to develop and implement special environmental legislation in Ukraine, which will continue the initiated sectoral reforms in the field of environment, take into account the challenges and threats of wartime, focus on sustainable post-war recovery, and contribute to timely accession to the EU.