Participated in discussions of environmental protection reforms

Cooperation with authorities / 26.05.2020

Anna Ambrosova took part in the online conference of the regional discussion of environmental reforms “on the way to Vilnius”. This stage is carried out for preparation to Ukraine Reform Conference (URC) – International discussion of the reform process in Ukraine.

Representatives of environmental NGOs spoke about the most acute problems in regions and Ukraine, provided their recommendations.

DTKR emphasized the main issues of industrial cities, including Krivoy Rog. Anna Ambrosova noted that in the State for all the time of independence, the study of the real impact of emissions of industrial enterprises on human health was not done. No compensation for the residents of the industrial regions.

The mechanism of obtaining permits for emissions is opaque and corrupt. There is no effective mechanism for checking compliance with environmental laws.

The Criminal Code contains declarative statements that are not aimed at bringing to justice violators in the field of environmental protection. For example, there is no responsibility for unreasonably transferring the terms of eco-modernizations. A section on crimes against the environment contains declarative norms, and sometimes the wording that complicates the process of punishment. According to our research for 2018 year and beginning 2019, no intruder were punished for such crimes.

Stressed the lack of an effective system of monitoring of ambient air quality, unfair distribution of environmental tax, payment for the use of subsoil.

Provided such recommendations.

  • Continue adapting Ukrainian legislation to EU directives.
  • To amend the Criminal Code (CKU) into the crimes against the environment. Remove the declarative parts of articles. Remove the wording “if this caused the loss of people or caused significant environmental pollution and led to serious consequences, which makes it impossible the discovery of cases.
  • To eliminate gaps in the sphere of environmental protection from noise, vibration and harmful types of radiation, without creating additional criminal and legal norms.
  • To amend the CKU for the harmonization of the sanctions of special norms of section VIII “Crimes against the Environment” (article 239, 241 – 243, 253 of the Criminal Code of Ukraine) with the sanction of the general norm (art. 236 of the Criminal Code of Ukraine).
  • At the legislative level to introduce compensatory measures for the residents of industrial cities to restore health. This could be health insurance to pay for the treatment of diseases caused by pollution. To approve the officially list of such diseases. To introduce a program for the improvement of population.
  • Establish effective regulatory authority in the field of environmental protection.
  • Direct part of the tax on the use of subsoil (80%) To the local budget for improving the environment and improving the inhabitants.

They talked about a specific problem for Kryvyi Rih – the dumping of highly mineralized water in the reservoir. It is in other cities of Ukraine where mining is conducted in a closed or open manner.

The Ingulets River now has turned almost into a drain ditch due to its annual discharge of highly mineralized mine waters. It loses the function of natural watercourse. The river is used as a source for irrigation of the fields in Kherson, Mykolaiv and Dnipropetrovsk region, and – drinking water supply of mykolaiv.

The saline lowers the land fertility. This water becomes unsuitable for drinking. The supra-salt discharge is diluted with water of the Karchuan Reservoir, which jeopardizes the water supply in Krivoy Rog.

The city laid pipes, which are transported mines water. Often, communication is worn and breaks. Water pollutes the soil and destroys vegetation around it.

  • The legislation does not prescribed water treatment mechanisms. In addition to the promises from industrial enterprises, there is no action to modernize this system.
  • The problem requires scientific research and practical changes in the system of handling the coal mining waters.
  • The country has no control over enterprises that have licenses for the handling of hazardous wastes and their processing.
  • It is necessary to urgently create capacities for recycling and utilization of such wastes. It is necessary to legislative regulation of secondary use of industrial waste and the system of encouragement of enterprises to use empty rocks for filling of worked quarries and roads construction.

The participants of the discussion examined a number of other problems, including not spared attention of the Ministry of Ecology and the Ministry of Energy. Most converge in the opinion that the Novoutvorene office showed inefficiency work. And first of all, environmental solutions have suffered.

Most participants talked about the allocation of environmental tax between the central and local budgets, the problem of transferring the terms of ecomodernizations. The recommendations contributed to the conduct of environmental reforms bias to changes in decentralization.

The recommendations will be implemented and prepared for presentation at Ukraine Reform Conference (URC), which is planned in Vilnius in 2020.