Selected problems of implementation of the Espoo Convention in Ukraine (on the example of Bystroe Canal case)

Abstract

to urge it to comply with the relevant provisions of the Espoo Convention, Ukraine did not fulfill its obligations under the Convention. Namely, works regarding the Bystroe Canal Project authorized with the violations of the Espoo Convention were continued. In response to the request of the Meeting of the Parties to the Espoo Convention, Ukraine adopted a strategy on implementation of the Espoo Convention into Ukrainian legislation. However, recent changes in the legislation on the development control have not satisfied the strategy. Thus, the Ukrainian government was just imitating compliance with the Espoo Convention in order to try to avoid imposing sanctions. Unfortunately, even though the persistent noncompliance was quite obvious, due to inherently soft character and rather political nature of the recommendations of the Meeting of the Parties to the Espoo Convention, it is almost impossible to compel the party of the Convention to follow its provisions. Furthermore, the lack of political will to implement the Espoo Convention, insufficient level of democracy and economic problems faced by Ukraine complicate the situation even more. However, in this uneasy transitional situation efforts made by Ukrainian civil society as well as by the international community in order to bring Ukraine into compliance with universally recognized norms and standards are even more valuable.