Environment

Due to Russia's war against Ukraine, the latter faces unprecedented challenges in the field of environmental protection and ecological safety. Environmental and climate issues are cross-sectoral in nature, affecting public health, the economy, security, spatial planning and the country's European integration course. At the same time, these issues remain largely on the margins of the authorities’ attention. Environmental policy is seen as an additional burden and obligation and is not properly integrated into recovery processes.

The Ministry of Environmental Protection and Natural Resources of Ukraine formally has leverage over government policy in all sectors. However, due to a lack of institutional capacity, resources and, in some cases, political weight, it does not use these levers systematically and effectively. The institutional reform of environmental protection, climate and ecological security that has been initiated does not yet ensure implementation of all the principles set out in the Constitution of Ukraine.

The lack of a coherent strategy for the conservation and restoration of ecosystems leads to risks of irreversible losses. These include the drainage of wetlands, destruction of steppes, forests and water bodies, and degradation of natural areas, which should be the first line of defence for the country's sustainable recovery, rather than an origin of additional resources.

Ukraine's European course excludes the possibility of simplifying or abolishing instruments such as Environmental Impact Assessment (EIA) or Strategic Environmental Assessment (SEA). However, the introduced deviations in the environmental assessment procedures, the practice of ‘experimental construction’ and ‘experimental projects’ without transparent procedures and public control, have created unfortunate precedents that violate existing legislation and may have long-term negative consequences for the population and environment.

The public environmental control system also needs systemic changes. Weak institutional capacity, duplication and often limited powers, and a lack of effective verification and control mechanisms contribute to the negative practice of inadequate environmental protection. This is exacerbated by a lack of reliable data, in particular due to neglecting  the need to create and maintain such data, fragmented monitoring systems, absence of transparent mechanisms for attracting funding and effective management of funds, and complexity due to the diversity of areas and, accordingly, of specialist knowledge about the elements of the environment that require protection.

At the same time, since 2022, Ukraine has seen important developments in the field of environmental protection: the Law on Industrial Pollution has been adopted, according to which pilot businesses will soon begin to receive integrated environmental permits (an electronic system for issuing integrated permits is currently being tested); amendments have been made to regulations governing environmental monitoring; and work is underway to bring subordinate legislation into line with EU requirements. A framework law on climate has been adopted, setting the goal of achieving climate neutrality by 2050, as well as a law providing for restoration of the system for monitoring, reporting and verifying greenhouse gas emissions. River basin management plans have also been adopted.

Large-scale environmental destruction and environmental crimes, including ecocide, remain critical consequences of Russian aggression against Ukraine. As of early June 2025, more than 8,000 cases of environmental damage caused by the war have been recorded, with damages exceeding €85 billion, including water pollution, infrastructure destruction and forest fires. Ukraine has become the first country to investigate such crimes on a large scale: 15 criminal cases on ecocide and over 200 on war crimes against the environment are ongoing. However, national legislation on ecocide does not meet the current realities and challenges posed by the war. In particular, the Criminal Code of Ukraine needs to be amended to ensure that those responsible are held accountable.

In the climate change context, the increasing number of emergencies, risks to human health and the need for rapid but sensible infrastructure recovery in some cases, it is essential to ensure that environmental considerations are systematically integrated into all levels of planning. This requires the involvement of competent experts, conduct of environmental assessments and application of nature-based solutions and environmental protection measures. Therefore, Ukraine needs a clear algorithm for approving recovery projects that takes into account environmental criteria, the introduction of mandatory ‘green’ requirements, systematic training of local communities on attracting environmentally-oriented investments, as well as adequate funding and the creation of a platform for communication and support in the field of green recovery.

Institutional and governance barriers

• Insufficient political will and prioritisation of environmental protection issues in public recovery policies, which hinders the integration of the ecosystem approach and other environmental aspects into cross-sectoral planning and reconstruction.

• Weak institutional capacity and public governance and administration, in particular those responsible for monitoring and control, coordination and implementation of environmental policy.

Regulatory and normative barriers

• Ineffective state environmental control system: legislative gaps, inability to respond promptly to violations due to the absence of such a form of control in the current legislation.

• No definition of ecosystem services in legislation, no methodology for mandatory economic assessment of losses of ecosystem services of natural areas used in economic activities when assessing restoration projects and financing public and private investment projects.

• Inadequate enforcement of existing legislation, including laws on environmental assessment. Replacement or even abolition of Environmental Impact Assessments with simplified procedures in the reconstruction of critical infrastructure without ensuring adequate public participation.

• Problems with legal liability for environmental degradation that do not meet EU standards and practices.

• Lack of regulatory and legal regulation of the Emerald Network (Natura 2000) sites in Ukraine and lack of mechanisms for assessing the impact of economic operators on such sites.

Financial and economic barriers

• Weak capacity of communities to effectively attract green investment due to the lack of a developed state green financing system and lack of awareness and institutional capacity at the local and municipal level. 

• Lack of tax instruments to stimulate financing for environmental protection and environmental safety measures. 

Technical and information barriers

• Lack of a unified integrated monitoring system, irregular updating of data in existing systems and data sources, lack of analytics and limited access to information for the public.

1.1. Ensuring entry into force of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on the State System of Environmental Monitoring, Information on the State of the Environment (Environmental Information) and Information Support for Environmental Management’

• Amendment of paragraph 1 of the transitional provisions of the Law regarding the date of its entry into force, specifying the date of entry into force as 1 January 2026.

1.2. Ensuring implementation of the Law of Ukraine ‘On Amendments to Certain Legislative Acts of Ukraine on the State System of Environmental Monitoring, Information on the State of the Environment (Environmental Information) and Information Support for Environmental Management’

• Establishment and implementation of an administrative mechanism for managing the environmental monitoring system (air, water, radiation background), in particular, consider the possibility of establishing an Environmental Monitoring Agency.

• Development of mechanisms for financing the development and/or modernisation of monitoring systems and training of specialists.

• Bring monitoring system equipment into line with European monitoring system standards. 

• Establish a unified system for data collection and processing and public notification through effective coordination of all environmental monitoring entities in Ukraine.

1.3. Creation of a comprehensive system for access to environmental information and ensuring high-quality interaction with all environmental information managers under the chairmanship of the Ministry of Environmental Protection and Natural Resources

• Informing central government bodies and other environmental information managers about the availability of environmental data and monitoring their obligations to provide access to it in accordance with national legislation.

• Strengthening the administrative apparatus in government bodies to improve their capacity to work with environmental information and ensure unhindered provision of such information at the request of citizens. 

• Ensuring unhindered access to environmental information during martial law, except for information on the location of military facilities.

• Publishing environmental information in open data format as a foundation for public participation.

Decisions are made by: the Verkhovna Rada of Ukraine, Verkhovna Rada Committee on Environmental Policy and Nature Management, environmental information administrators,  Cabinet of Ministers of Ukraine, Ministry of Environmental Protection and Natural Resources of Ukraine, Ministry of Digital Transformation of Ukraine, and Verkhovna Rada Commissioner for Human Rights.

2.1. Ensuring that reconstruction projects comply with Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) rules during wartime and post-war periods

• No deviations from environmental assessment procedures in reconstruction.

• Strengthening the institutional capacity of local authorities and the Ministry of Environment, enhancing professional capacity and training.

• Ensuring that each local community has specialists at national and regional levels with knowledge and practical experience in conducting SEA and EIA.

2.2. Improving EIA effectiveness

• Improving the quality of EIA by improving the EIA register, developing a clear procedure for post-project monitoring and control, and developing sectoral methodologies for conducting assessments during EIA and SEA.

• Ensuring that EIA is carried out at all stages from exploration until permits for subsoil use are obtained.

• Developing a methodology for calculating cumulative environmental impact and a system for monitoring environmental changes over time, taking into account the combined impact of various sources of pressure (industry, transport, agriculture, etc.) and the use of modern tools for continuous monitoring of environmental changes (sensors, remote sensing, analytical platforms).

2.3. Improving SEA effectiveness

• Activating SEA at the stage of urban planning and land allocation for various purposes.

• Including in Annex 4 (Sample explanatory note) the requirement to provide information on the results of SEA in a separate section of the explanatory notes to the Cabinet of Ministers' regulatory acts.

• Improving the quality of SEA through improving the SEA register, clarifying the post-project monitoring and control procedure, and developing sectoral methodologies for conducting assessments during SEA.

• Development of SEA methodologies by the Ministry of Health of Ukraine.

2.4. Introduction of appropriate assessment – assessment of the impact of activities on the Emerald Network (Natura 2000)

• Assessment of any type of planned activity on the territory of the Emerald Network (Natura 2000).

2.5. Introduction of the EU Taxonomy in Ukraine through implementation of the Do No Significant Harm (DNSH) principle in programmes and projects for Ukraine's recovery from the effects of the war

• Development of guidelines for application of the DNSH principle in wartime, in line with the commitments set out in the Ukraine Facility and the Ukraine Facility.

• Integration of the DNSH principle for recovery projects into the DREAM digital recovery platform as an additional element that enhances the competitiveness of projects for funding.

• Develop and adopt a draft framework law in accordance with EU Regulation 2020/852 ‘On the establishment of a framework to facilitate sustainable investment’, taking into account the DNSH principle after the expiry of the Ukraine Facility.

Decisions are taken by: the Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, Ministry of Environmental Protection and Natural Resources of Ukraine, Ministry of Development of Communities and Territories of Ukraine, and Ministry of Economy of Ukraine.

3.1. Approval of the State Environmental Control Strategy

• Development of a joint and coordinated vision amongst all stakeholders in the environmental protection field regarding the goal of environmental control – prevention of environmental degradation (Article 66 of the Constitution of Ukraine).

3.2. Adoption of Law No. 3091 “On State Environmental Control” and introduction of liability for environmental degradation

• Intensify work on adoption of the draft Law ‘On State Environmental Control’ by the Verkhovna Rada of Ukraine.

• Develop subordinate legislation to facilitate effective implementation of the Law of Ukraine ‘On State Environmental Control’. 

• Conduct systematic training to ensure effective implementation of the reform of state environmental control.

• Amend the Code of Ukraine on Administrative Offences and Criminal Code of Ukraine to increase legal liability for environmental degradation.

• Develop draft laws transposing and implementing environmental liability (Directive 2004/35) and criminal liability for environmental degradation (Directive 2024/1203).

• Provision for amendments to Article 96-3 of the Criminal Code of Ukraine on the application of criminal law measures to legal entities for criminal offences against the environment. 

Responsible for adoption and implementation of decisions: Verkhovna Rada of Ukraine and relevant committees, Cabinet of Ministers of Ukraine, Ministry of Environmental Protection and Natural Resources of Ukraine, Ministry of Justice of Ukraine, Ministry of Internal Affairs, Ministry of Foreign Affairs, National School of Judges of Ukraine, Training Centre for Prosecutors of Ukraine, National Police Academy of Ukraine, National Agency for Civil Service of Ukraine, higher education institutions, forensic institutions.

ANTS - Network for the Protection of National Interests, Austausch e.V., Basel Institute on Governance, Centre for Economic and Legal Analysis, Centre for Environmental Initiatives “Ecoaction”,  NGO Ecolub, Forest Initiatives and Communities (Forestcom),Greenpeace Ukraine, Information Centre “Green Dossier”, International Charitable Organisation “Environment-People-Law” (EPL), International Institute for Sustainable Development (IISD), Nature Fund of Ukraine, NGO “Save Dnipro”, Ukrainian National Bar Association’s Committee on Agrarian, Land, and Environmental Law, Ukrainian Nature Conservation Group, WWF-Ukraine, Zero Waste Alliance Ukraine