The latter can be used in both the system of state and departmental observations.
The latter can be used in both the system of state and departmental observations.
It is assumed that environmental expertise should be aimed at preventing and predicting the negative impact of anthropogenic activities on the environment and human health, as well as assessing the degree of environmental hazard of economic activity and the environmental situation at individual sites and areas.
Accordingly, the main task of ecological expertise is:
determination of the degree of ecological risk and danger of the planned or carried out activity, realization of complex scientifically substantiated estimation of the objects transferred for examination, check of observance of requirements of the ecological legislation, standards, limits and norms of ecological safety, estimation of possible or real influence of objects on an environment natural environment, human health and quality of natural resources and efficiency, completeness, validity and sufficiency of environmental measures, preparation on this basis of objective, scientifically sound conclusions, their timely transmission to government agencies and stakeholders, informing the public about the results of environmental expertise.
The implementation of ecological expertise in accordance with the established requirements should be based on guaranteeing the priority of a safe environment for life and health, taking into account environmental, economic, medical, biological and social interests, ensuring environmental safety, territorial and sectoral, ecological and economic feasibility. objects that are subject to environmental expert assessment, scientific validity, independence, objectivity, comprehensiveness, variability, transparency, prevention, consideration of public opinion and compliance with norms and rules of international agreements, current legislation.
Projects of legislative and normative-legal acts, pre-project, project materials, projects of normative-technical and instructive-methodical documents, projects of creation of new technics, technologies, materials, substances, products which realization can lead to infringement are provided as objects of ecological examination. norms of ecological safety, negative impact on the state of the environment, creating a threat to human health, as well as the environmental situation and existing facilities and complexes that have a significant negative environmental impact.
The norms of the Law determine https://123helpme.me/write-my-lab-report/ the forms of public participation in the process of ecological expertise and its subjective composition. To take into account public opinion, persons conducting environmental expertise (subjects of expertise) are obliged to hold public hearings or open meetings with the participation of the population. At the same time, the public has the right to express its opinion on the object of expertise in the media, or submit written comments, suggestions, recommendations to its customers or subjects of expertise, or instruct their representatives to work in environmental expert commissions and groups.
The Ministry of Environmental Protection and Nuclear Safety of Ukraine, its ecological expert subdivisions or specially created organizations and institutions, organizations and institutions of the Ministry of Health of Ukraine, other executive bodies and their expert formations, public associations are authorized to conduct ecological expertise. , citizens and various institutions, organizations and enterprises, including with the participation of foreign legal entities and individuals, whose statutes provide for the implementation of environmental expert functions.
The conclusions of the state ecological expertise after approval by the relevant authorities in the field of environmental protection and nuclear safety are binding. Legal entities interested in refuting certain provisions or in general the conclusions of the state environmental examination have the right to submit a reasoned application to the relevant bodies that decided to conduct such an examination, and in case of their refusal to go to court.
Violation of the legislation in the field of environmental expertise is expected to bring the perpetrators to disciplinary, administrative, criminal and civil liability.
An important milestone in the process of improving environmental legislation was the adoption by the Verkhovna Rada of Ukraine of the Water Code of Ukraine on 6.06. 1995
Water bodies are recognized under the Water Code of Ukraine as the exclusive property of the people of Ukraine and can be provided only for use. The people of Ukraine exercise the right of ownership over water through the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous RepublicCrimea and local Councils of People’s Deputies. Certain powers over water disposal may be vested in the relevant state executive bodies.
In the context of effective use and protection of waters outside territorial waters, the Law of Ukraine « On the Exclusive (Marine) Economic Zone of Ukraine » of 16.05. 1995, adopted in the development of the UN Convention on the Law of the Sea. Thus, Ukraine reaffirmed its will to harmonize domestic legislation with the norms and principles of international law.
In its exclusive (marine) zone, Ukraine has sovereign rights to develop, develop and conserve natural resources of living and non-living origin, in the waters covering the seabed, on the seabed and in its subsoil, to manage these resources and to carry out other activities, including energy production through the use of water, currents and wind. Ukraine, in accordance with the provisions of the Law, exercises its jurisdiction over the creation and use of artificial islands, installations and structures, conducting marine scientific research, protection and preservation of the marine environment. Ukraine carries out cooperation with other states on a contractual basis to carry out these activities and coordinate them.
Improvement of environmental legislation is carried out not only at the legislative level but also at the level of by-laws and regulations on relations in the field of natural resources, environmental protection and environmental safety.
Standardization and standardization in the field of environmental protection
In 1993, the Ministry of Ecological Security established a technical committee for standardization. He is an active member of two ISO technical committees (International Organization for Standardization) – 147 « Water Quality » and 207 « Environmental Management System ».
Since 1994, the Ministry has been forming a metrological service, the main task of which is to create a system for ensuring the uniformity of measurements and a system for assessing the reliability and completeness of environmental information.
In 1995, the structure of the metrological service was supplemented by the basic organization of the metrological service based on standard samples, the function of which is performed by the Interdepartmental Ecological Center of the National Academy of Sciences of Ukraine and the Ministry of Ecological Security of Ukraine.
State environmental monitoring
In accordance with the requirements of the Law of Ukraine « On Environmental Protection », the Ministry of Ecology and Security has been working since September 1992 to create a state information system for environmental monitoring, nuclear and radiation safety (CEM « Ukraine »), and since August 1996 – environmental subsystem of the Government information and analytical system for emergencies.
As of 1996, technical tasks for the components of the first stage of SEM were developed and approved, basic regulatory documentation of the system was developed, samples of devices for controlling the concentration of harmful substances in the air, as well as a stationary station and a mobile laboratory for air quality control were developed. The latter can be used in both the system of state and departmental observations.
Since 1992, the Radiation Accident Early Warning System in Ukraine and Belarus (GAMMA) has been deployed. The project is funded mainly by the TACIS program. The first part of the System – a network of stationary and mobile posts around Zaporizhia and Rivne NPPs, as well as regional (Zaporizhzhya, Rivne) and national (Kyiv) information centers (GAMMA – 1) – has been created.
Ecological and economic reform in Ukraine
The Ministry of Ecological Security of Ukraine, simultaneously with the development of new economic instruments aimed at ensuring the requirements of environmental safety and rational use of nature, continues to work on improving the existing economic mechanism in accordance with the ongoing economic reforms.
For example, at the end of 1995, taking into account the growth of inflation, the Basic Standards for Pollution Fees were indexed 50.2 times (Order of the Ministry of Ecology of Ukraine of December 29, 1995 N153, registered in the Ministry of Justice of Ukraine on January 12, 1996 No. 21/1046).
In order to further index the fees for environmental pollution in accordance with rising inflation, the Ministry, in coordination with the Ministry of Finance, the Ministry of Economy of Ukraine developed and approved (Order of the Ministry of Ecology of Ukraine dated 27.05.96 N 49 registered in the Ministry of Justice of Ukraine on 11.06.1996 N 289/1314) Methodology of indexation of standards of payment for environmental pollution.
Revised and improved statistical reporting form N 1 – environmental funds and form N 1 – environmental costs.
Due to the persistent actions of the Ministry since 1994, a separate section 130 « Environmental protection and nuclear safety » has been allocated in the State Budget of Ukraine, which was a positive step in terms of concentrating funds for targeted financing of environmental measures. This section includes expenditures on protection and rational use of water, mineral, land resources, creation of forest plantations and field protective forest belts, preservation of nature reserves, maintenance of local environmental safety bodies and nuclear safety control bodies.
The main source of coverage of these costs are payments for the use of relevant natural resources. Take 1995 for example.
Receipts of resource payments to the State Budget of Ukraine in 1995 were:
for the use of fresh water resources – 0.9 trillion. rubles; for the use of subsoil in the extraction of minerals – 0.8 trillion. rubles; payment for land – 10 trillion. rubles., including the share of payments to be directed to the protection and rational use of land – 1.7 trillion.