When the climate change is one of the most urgent, complex and challenging global problems of the present, threatening global economy and international security, it has to be primarily regulated domestically, at the level of a State. The present article aims to examine the current state of legal regulation of the climate change issues in Ukraine. Accordingly, the critical analyses of the national legislation on climate change regulation and whether it corresponds with the State policy’s strategic aims are conducted; the provisions of strategic documents on climate change adaptation and mitigation in Ukraine are examined and the evaluation of such regulatory mechanism’s efficiency and effectiveness is performed. As a result, the author points out the drawbacks of national policy and law encompassing the climate change and offers a set of suggestions for its improvement.
Introduction. Environmental protection, rational use of natural resources and environmental security are among the guidelines for sustainable development of any state. However, it is important to emphasize that effective realization of such activities is possible only in peaceful time. At present, the full-scale Russian invasion of Ukraine puts under the direct threat effective ensuring of environmental security. The purpose of the paper is to analyze the environmental impact of the 2022 Russian invasion of Ukraine, highlight its consequences and predict the future environmental situation. Results. Under international law, an environmental crime is interpreted as an intentional attack when it is known that it will cause significant, long-term and serious damage to the environment, which is clearly disproportionate to the specific and directly expected overall military superiority. The military action of the Russian Federation in Ukraine in 2022 is undoubtedly an unjustified and unprovoked act of aggression against independent and sovereign Ukraine, as well as a violation of all existing norms of international law on environmental protection, sustainable development, humanitarian law, basic morals and principles of human coexistence. By May 2022 27 254 cases of environmental war crimes with regards to Russia's war against Ukraine had been registered. These include shelling and bombing of industrial and energy facilities, forest fires, sabotage of oil depots, pollution of the seas, destruction of reserves, as well as other horrific, inhumane actions of the Russian army. Conclusion. Russia's aggression against Ukraine has caused significant damage to the environment, like deterioration of soil, radiation pollution, biodiversity losses, forest fires, ecosystems’ destruction, etc. In order to remedy the current dire environmental situation, the development and implementation of urgent legal and policy measures is required in order to minimize the harmful environmental effects. In particular, it is necessary to constantly keep records of all crimes against the environment committed on the territory of Ukraine, and to record the damage caused. In addition, a special attention should be paid to the development of a plan for the reconstruction of Ukraine, which would include measures to restore and preserve the environment.
The paper is devoted to the study of the interrelationship between climate change and human rights, identifying the emergency of the climate change problem and its direct impact on fundamental human rights. The provisions of key international legal acts in the sphere of climate change adaptation and mitigation are analyzed, focusing on human rights implications in the context of climate change. It is stated that human-driven climate change has a negative impact on the environment, human life and health, thus having a profound impact on a wide range of human rights. The analyses of particular human rights affected by climate change is carried out. These are the right to life, the right to self-determination, the right to development, the right to food, the right to health, the right to water and sanitation, the right to education, the right to housing and the rights of future generations. It is noted that despite the international recognition of the negative impact of climate change on the fundamental human rights, the developed measures for tackling climate change and thus for elimination and prevention of such impact are ineffective. It is mentioned that currently in Ukraine there is no formed national legal framework on climate change, while climate change regulatory provisions are mainly based on the provisions of strategic document, that have been formed as a response to international climate change obligations.
The purpose of the article is to study the process of harmonization of the environmental legislation of Ukraine with EU acquis in connection with the acquisition of the EU candidate membership status. An analysis of the legal framework for the formation of EU environmental policy has been carried out. The main principles of the EU in the field of environmental protection are defined. The article examines the process of formation and the current state of compliance of the national environmental legislation with EU environmental acquis. The main principles of the EU in the field of environmental protection are defined. The current state of alignment of the domestic legal regulation in the sphere of environmental protection with the environmental law of the EU is analyzed. Priority areas where the adaptation of environmental legislation with the EU acquis are highlightened. It is substantiated that the adaptation of the EU environmental acquis has to be accompanied by administrative, financial and organizational measures, which should be implemented to ensure its implementation.
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