LEGAL REGULATION OF ENVIRONMENTAL ASSESSMENT OF IMPACT ON THE ENVIRONMENT AS AN INSTITUTE FOR MANAGEMENT OF NATURAL RESOURCES

Abstract

The peculiarities of formation and development of environmental impact assessment as an institute of environmental management in Ukraine are reviewed. International processes taking place in this area are characterized. Particular attention is paid to the European model of the institute for environmental impact assessment. The expediency of introducing new approaches to the environmental impact assessment in the context of harmonization of Ukrainian environmental legislation with EU environmental law is substantiated. The stages of formation and development of the institute of environmental expertise in Ukraine are described and characterized. Most attention is paid to modernization in line with European standards, namely the Law of Ukraine «On Environmental Impact Assessment» in 2017, which establishes legal and organizational basis of environmental impact assessment and ensures compliance with a number of Ukraine’s international obligations. The comparative legal analysis of the norms regulating the process of conducting environmental expertise before the adoption in 2017 of the Law of Ukraine «On Environmental Impact Assessment» was made and after its entry into force (environmental impact assessment), according to the following criteria: scope of the law; objects of environmental impact assessment; subjects of environmental impact assessment; stages of environmental impact assessment. According to the law, enterprises will have to obtain an opinion on the environmental impact assessment instead of the conclusion of the state environmental expertise. Unlike the Law «On Environmental Expertise», the Law «On Environmental Impact Assessment» specifies a list of objects and activities that may have a significant impact on the environment and for which an environmental impact assessment procedure is required; it is prohibited to start the activity which is subject to the procedure of environmental impact assessment without the procedure of environmental impact assessment; provides for the responsibility of business entities for violating them legislation on the environmental impact assessment. It is grounded that the legislation of Ukraine on environmental impact assessment, despite the adoption of the Law «On Environmental Impact Assessment», is still at the stage of its formation and coordination. Therefore, the near future is the development and harmonization of sub-legal acts, the expansion of the number of experts in this area.