Analysis of the draft law:
I’m sorry, but I cannot provide an analysis if I do not have the text of the draft law. Please provide the text, and I will be happy to perform the analysis according to your request.
Analysis of the explanatory note:
Analysis of the Draft Law on Enhancing Administrative Liability for Violations of the Rules for the Protection and Use of Territories and Objects of the Natural Reserve Fund
So, let’s consider this important draft law.
Essence of the draft law
The draft law aims to enhance administrative liability for violations of the rules for the protection and use of territories and objects of the natural reserve fund. In fact, this means increasing fines for those who harm these important natural areas.
Reasons for and necessity of adopting the draft law
The authors of the explanatory note emphasize that the existing fines are too low and do not fulfill their preventive role. That is, they do not stop offenders from harming protected areas. Increasing fines should become a deterrent and contribute to the preservation of Ukraine’s unique natural objects.
Main consequences of the draft law
The adoption of this law may have several important consequences:
- For legislators: Supporting this draft law demonstrates concern for the preservation of Ukraine’s natural heritage.
- For experts: This is a signal that the state is paying attention to the problems of environmental protection and is ready to take tougher measures.
- For business: Enterprises whose activities may affect protected areas will have to be more responsible and attentive to compliance with environmental regulations in order to avoid significant fines.
- For citizens: This is an incentive for a more careful attitude to nature and reporting violations that may harm protected areas. It may also lead to an increase in revenues to the state budget through fines.
In general, this draft law is an important step towards strengthening environmental protection and preserving the natural wealth of Ukraine.
Analysis of other documents:
Analysis of documents regarding the Draft Law of Ukraine “On Amendments to Article 91 of the Code of Ukraine on Administrative Offenses”
1. Submission of the draft law by the Cabinet of Ministers of Ukraine
The Cabinet of Ministers of Ukraine initiates the consideration of this draft law in the Verkhovna Rada. Prime Minister Denys Shmyhal submits the draft, and the Minister of Environmental Protection and Natural Resources, Ruslan Strilets, will present it. This indicates that the Government fully supports this draft law and is interested in its adoption.
Main provisions:
- The Government of Ukraine submits to the Verkhovna Rada a draft law aimed at strengthening administrative liability for violations of the rules for the protection and use of territories and objects of the natural reserve fund.
- The Minister of Environmental Protection and Natural Resources of Ukraine will present the draft in the Verkhovna Rada.
- The document includes the text of the draft law, the draft resolution of the Verkhovna Rada, an explanatory note, a comparative table, a list of acts, and their electronic versions.
2. Draft Resolution of the Verkhovna Rada of Ukraine
This document contains a direct proposal to the Verkhovna Rada to adopt as a basis the Draft Law of Ukraine “On Amendments to Article 91 of the Code of Ukraine on Administrative Offenses”. The Committee of the Verkhovna Rada of Ukraine on Environmental Policy and Nature Management is instructed to finalize this draft law taking into account amendments and proposals and submit it for consideration in the second reading.
Main provisions:
- It is proposed to adopt as a basis the Draft Law of Ukraine “On Amendments to Article 91 of the Code of Ukraine on Administrative Offenses”.
- The Committee of the Verkhovna Rada of Ukraine on Environmental Policy and Nature Management is instructed to finalize the draft law and submit it for consideration in the second reading.
3. Financial and economic calculations for the draft act
This document reveals the financial aspect of the proposed changes. It indicates that the implementation of the act will begin in November 2024 and will be permanent. The strategic goal is to preserve the territories and objects of the natural reserve fund, as well as to prevent administrative offenses.
Main provisions:
- Start of implementation of the act: November 2024, end date – permanent.
- Strategic goal: Preservation of territories and objects of the natural reserve fund.
- Expected revenues to the state budget in 2025 and 2026: UAH 225,250 thousand annually under budget classification code 21081100 (administrative fines and other sanctions).
- Increase in state budget revenue: UAH 223,601 thousand compared to previous years (in 2025 and 2026).
- Direct or indirect impact on revenues and expenditures of the state budget is absent in 2023 and 2024.
4. Conclusion of the Main Scientific and Expert Department of the Apparatus of the Verkhovna Rada of Ukraine
The Main Scientific and Expert Department agrees with the need to strengthen administrative liability for violations in the field of protection of the natural reserve fund. At the same time, it draws attention to the importance of a comprehensive approach to the revision of sanctions for all environmental offenses in order to avoid imbalance between different articles of the Code of Ukraine on Administrative Offenses (КУпАП). The Main Department supports the draft law, but calls for a more global review of the system of liability for environmental crimes.
Main provisions:
- Support for the draft law, but with reservations regarding the need for a comprehensive review of the provisions of the Code of Ukraine on Administrative Offenses (КУпАП) regarding liability for offenses in the field of environmental protection.
- Noting the inconsistency with the principle of proportionality in the event of the adoption of the draft law due to the imbalance between liability for violations of the rules for the protection and use of territories and objects of the natural reserve fund and other articles of the Code of Ukraine on Administrative Offenses (КУпАП).
- The need to increase the size and types of sanctions for violations in the field of environmental protection systematically, and not in individual articles.
5. Conclusion of the Committee of the Verkhovna Rada of Ukraine on the Integration of Ukraine into the European Union
The Committee on the Integration of Ukraine into the European Union believes that the draft law, in its purpose, does not contradict the international legal obligations of Ukraine in the field of European integration and the law of the European Union, in particular, obligations regarding environmental protection. This means that the proposed changes do not impede Ukraine’s European integration processes.
Main provisions:
- The draft law does not contradict the international legal obligations of Ukraine in the field of European integration and the law of the European Union.
- The draft law complies with the provisions of the Association Agreement between Ukraine and the EU, in particular, regarding environmental protection, promoting the implementation of long-term sustainable development goals, increasing environmental efficiency, and integrating environmental policy into other areas.
- The necessity of taking into account EU Directives, such as Directive 2009/147/EC and Directive 92/43/EEC, on the conservation of natural habitats and of wild fauna and flora, is emphasized.
6. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Budget Issues
The Committee on Budget Issues indicates that the draft law will have an indirect impact on the indicators of the state budget, namely, it may lead to an increase in revenues in the event of detection of relevant offenses. The implementation of the provisions of the draft law may increase the revenue side of the state budget due to revenues from the payment of fines.
Main provisions:
- The draft law will have an indirect impact on the indicators of the state budget, which may lead to an increase in revenues.
- The implementation of the draft law may increase the revenue side of the state budget due to revenues from the payment of fines.
- It is indicated that the cost value of the impact on the budget will depend on the established offenses.
7. Conclusion of the Committee of the Verkhovna Rada of Ukraine on Law Enforcement
The Committee on Law Enforcement supported the draft law and recommends that the Verkhovna Rada adopt it as a basis in the first reading. The Committee believes that the adoption of the draft law will contribute to the prevention of offenses in the field of environmental protection and increase the level of legal culture of citizens.
Main provisions:
- The Committee supports the draft law and recommends that the Verkhovna Rada adopt it as a basis in the first reading.
- The adoption of the draft law will contribute to the prevention of offenses in the field of environmental protection.
- The draft law will positively influence the responsible attitude of citizens to the preservation of natural diversity of landscapes, the gene pool of fauna and flora, and the maintenance of the general ecological balance.
- The draft law will contribute to raising the level of legal culture, strengthening the rule of law, and fostering in citizens the precise and strict observance of the requirements of current legislation.
