Journal article Open Access

Adaptation of Environmental Legislation of Ukraine to the Legislation of the European Union

Mariia O. Tiutiunnyk

The scientific article has researched adaptation of the environmental legislation of Ukraine to the EU legislation. Establishment and development of the EU environmental law beginning from the Stockholm Conference to the Lisbon Treaty have been investigated. Changes of the EU policy regarding environmental protection have been mentioned. It is stressed that in Ukraine the process of approximation to EU legislation is unilateral, therefore it is necessary to use the term adaptation for this process.

The adaptation of Ukrainian legislation to the EU legislation, starting with the Partnership and Cooperation Agreement, has been consistently considered. Control over adaptation process is investigated. The importance of the National Program for the Adaptation of Ukrainian Legislation to Legislation of the European Union was emphasized. The priority spheres in which the legislation of Ukraine is being adapted is indicated.

The Chapter 6 "Environment" of the Association Agreement and Annex XXX to this Agreement are explored. It was emphasized that the EU environmental law is represented by five directives. Particular attention is paid to the fact that national legislation in this area does not fully or partially comply with EU requirements. It was stated that the greatest achievement at the moment is the development and approval of implementation plans for each specific directive and regulation. The problem of non-fulfillment of such plans and omission of terms of their implementation was studied.

It is noted that the EU supports the adaptation of Ukrainian legislation by providing EU technical assistance. It was emphasized that Ukraine had access to new forms of technical assistance to the EU, namely TAIEX and twinning, and focused on the latest adaptation assistance tools.

It is suggested that for the implementation of a specific act of the EU it is necessary to provide not only the timeframe, but also the necessary legal, institutional, coordination, financial framework. It is noted that the introduction of the norms of European law in Ukraine objectively has certain restrictions due to the peculiarities of the legal system and institutional support. Particular attention is paid to the problems of adaptation, which consist in a clear definition of the used terms, the correct translation of them and the lack of sufficient number of specialists in the field of European law.

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