Legal Basis for Biodiversity Conservation

I. Current legislation concerning conservation of biological and landscape diversity in Ukraine is formed by the system of normative and legislative acts which may be classified into the following groups:

1. Acts which determine a country’s general legislative principles, procedures of solving social, economic and other problems of importance for conservation and sustainable use of biodiversity.

2. Laws which regulate specific legal relations regarding keeping the state of the environment favorable for biodiversity conservation. This group includes the laws “On natural Environment Protection”, “On Atmospheric Air Protection”, “On Ecological Expertise”, the Land, Water and Forest Codes of Ukraine, and the Code on Mineral Wealth.

3. Laws aimed directly at conservation of biological and landscape diversity, such as the laws “On the Natural Reserve Fund of Ukraine”, “On the Animal World Protection”, and the regulation “On the Red Book of Ukraine”.

4. International agreements, conventions, and protocols signed by Ukraine. Under the Constitution of Ukraine, these documents are part of national legislation.

II. The law of Ukraine “On Natural Environment Protection (1991)” needs special consideration. This law is based on application of existing experience, results of latest scientific studies, requirements of international legislative acts and recommendations of international organizations.

The law “On the Natural Reserve Fund of Ukraine” was adopted in 1992. It codified norms which were in force earlier, and classified territories and objects constituting this fund.

III. In 1992, the supreme Rada (SR) of Ukraine approved the Regulation “On the Red Book of Ukraine”. This regulation defines the legal status of rare and threatened species of animals and plants and ways of protecting and restoring them, including those based on the development of international cooperation.

In 1993, the law “On the Animal World Protection” was approved. It defined the legal base for the regulation of ownership relations of animal world objects, principles of their protection, use and restoration.

IV. Increasingly, our country takes part in more conventions and other international legal acts. Currently Ukraine has signed 36 such acts (5 of them are not ratified) aimed at conservation of biological and landscape diversity, the Convention on biological Diversity being of the greatest significance.

V. It is necessary to accentuate positive changes adopted in 1995 to the Code “On the Administrative Law Violations” and to the Criminal Code of Ukraine. These changes not only enhance existing responsibilities for violation of environmental laws, but qualify facts of law violations regarding territories and objects of the natural-reserve fund and animal and plant species entered into the Red Book of Ukraine, which serves to increase responsibilities.

VI. Positive results may be achieved only when the issues of conservation of biological and landscape diversity will not contradict one another in various acts of the state legislation system, and efficient mechanisms of observing of legislative norms will be in action. Realization of the above mentioned has to be considered a strategic task for the near future. This requires:

- development of national policy on biodiversity conservation and mechanisms for its realization;

- radical changes of public attitudes towards these issues;

- establishment of new institutions for coordination of efforts of central and local bodies of governmental power.

Notes: landscape diversity – ландшафтне різноманіття

sustainable use – збалансоване використання

Code on Mineral Wealth – Кодекс про надра

legal status – правовий статус

to enhance responsibility – підвищувати відповідальність