Ukraine Implements International Climate Change Commitments
By Maryana Bulhakova, Senior lawyer, Climate change program coordinator, Environment-People-Law, Ukraine,

Ukraine has ratified United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. The next step in the global fight against climate change will be for Ukraine to successfully implement domestic climate protection policy. Additionally, without mechanisms to ensure the effective enforcement and compliance with national laws, the country's commitment to mitigate climate change is basically void. Thus, the establishment of strong domestic laws is of the utmost importance.

Currently, Ukraine does not exceed the level of greenhouse gas emissions permitted by Kyoto Protocol, but the country's level of greenhouse gas emission in proportion to its gross national product is extremely high. Regardless, Ukraine remains among the most energy inefficient countries. As a result, citizens of Ukraine are not extremely aware about the dire consequences of climate change because they do not think this is a crucial problem in their country.

In April 2007, the National Security and Defense Council of Ukraine met to discuss implementation of the UNFCCC. It was emphasized that the coordination of activities of the central executive bodies pertaining to implementing and complying with international agreements needed development. By the decree of the President of Ukraine, the Cabinet of Ministers was asked to develop a long-term economic forecast taking into account the new climatic realities, develop various legal drafts regarding implementing the mechanisms of Kyoto Protocol, improve the order of coordination measures between central executive bodies in implementing UNFCCC and Kyoto Protocol, and create additional measures to promote environmental compliance and enforcement with climate change obligations.

Unfortunately, the absence of the economic encouragement to use energy safe technologies is apparent in Ukraine. Additionally, there is a low level of information dissemination by the government regarding energy and climate change issues. The responsibility for non-complying with legal provisions during the implementing of UNFCCC and Kyoto Protocol is also ambiguous among the various authorities of state bodies.

Finally, it is obvious that clear legislation must be developed for the implementation and enforcement of climate protection policy in Ukraine. To successfully contribute to climate change mitigation on the domestic and international level, future legislation should include following:

• Climate should be considered as an object of legal environmental protection;
• Among the main principles of environmental legislation, it is necessary to foresee the obligation to take the steps to prevent future climate change before it is too late;
• Obligation to mitigate negative influence of certain sectors of economy on climate change, including creating concrete steps aimed at greenhouse gas emissions reduction, should be established;
• Rules on reporting of enterprises on implemented policy aimed at mitigation their influence on climate change should be created;
• Climate change legislation should be carried out by authorized state bodies;
• Rules on GHG emissions trading scheme must be developed;
• Climatic issues should be taken into account during the environmental impact assessment;
• Future legislation should include the necessity to carry out scientific research pertaining to climate change;
• Public participation issue in climate protection policy should be developed, including: access to information; participation in decision making process and law-drafting; appropriate consideration by competent authorities of the results of public participation in the decision-making process; mechanisms of public participation in a greenhouse gas emissions trading scheme; and more;
• Ukraine should take the initial steps in designing and implementing transparent and accountable green investment schemes that include credible mechanisms to select projects, monitor financial flows, and verify environmental benefits.