Analysis of the Draft Law:
Analysis of the Draft Law of Ukraine “On Amendments to the Law of Ukraine ‘On the Nature Reserve Fund of Ukraine'”
1. Essence of the Draft Law:
The draft law aims to amend the current legislation to improve the effectiveness of preserving territories and objects of the Nature Reserve Fund of Ukraine. It also provides for expanding the classification of these objects, which will allow for more detailed regulation of their status and usage regime.
2. Structure of the Draft Law and Key Changes:
- The project consists of several sections addressing changes in various articles of the law on the nature reserve fund.
- Key changes include adding new categories to the classification of natural objects, such as mycological reserves, and clarifying their protection regime.
- Amendments have been made to Articles 14, 16, 28, 53, which specify rights and restrictions on vehicle traffic in nature reserves.
- New requirements have been introduced for developing organization projects for reserved objects.
3. Key Provisions and Their Importance:
These changes are critically important for legislators and experts as they contribute to better protection of natural objects, particularly through clearer definition of their legal regime and permitted activities. For businesses, this means the need to adapt to new environmental standards, which may require additional expenses but also creates opportunities for ecotourism and other nature-compatible activities. Citizens receive guarantees regarding the preservation of the country’s natural wealth, which will contribute to biodiversity conservation and improve quality of life.
Analysis of Other Documents:
1. Author’s Position: The draft law is supported, but significant comments and proposals for its refinement are expressed. In particular, the Main Scientific and Expert Directorate and the Main Legal Directorate have raised several observations regarding the content and implementation mechanisms of the draft law.
2. Key Provisions and Their Importance:
- Vehicle Traffic Prohibition: The draft law provides for a ban on mechanical vehicle traffic within the nature reserve fund, with exceptions for certain categories, which may reduce anthropogenic impact on these territories. This provision is important for ecosystem preservation and may be relevant for environmental experts and the public.
- Mycological Reserves and Natural Monuments: Introduction of new reserve and natural monument categories, such as “mycological reserve” and “mycological natural monument”, aims to preserve rare fungal species. This innovation corresponds to international standards and may expand nature conservation territories in Ukraine. Legislators should consider this when assessing the draft law’s importance.
- Budget Impact: The draft law does not require additional financial support from state or local budgets, as confirmed by the Ministry of Finance of Ukraine. This is an important detail for legislators evaluating the financial consequences of the draft law.
- Compliance with International Legal Obligations: The draft law does not contradict Ukraine’s international legal obligations in the sphere of European integration and EU law. This ensures its consistency with international nature protection standards.
- Observations on Protection Zones: Concerns have been raised about the possibility of canceling and changing protection zones, which may create risks of reducing nature reserve territories. Legislators should consider these risks when finally adopting the law.
Overall, the draft law has the potential to improve the protection of nature reserve territories in Ukraine but requires refinement to eliminate legal and practical shortcomings.
