Environmental protection

A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development.

Article 37 of the Charter of Fundamental Rights of the European Union

Text as of March 2026

In its reports on Ukraine’s progress, the European Commission highlights the need for significant strengthening of the capacity of administrative authorities and oversight bodies in the environmental and climate sectors. According to Article 37 of the Charter of Fundamental Rights of the European Union, a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union, which requires Ukraine not only to declaratively enshrine the norms but also to establish effective liability mechanisms. The latest ECtHR judgments (in particular, Verein KlimaSeniorinnen Schweiz and Others v. Switzerland, 2004) and Resolutions of the UN General Assembly confirm that environmental safety is inextricably linked to the right to respect for private and family life. In the context of Ukraine’s European integration, this means that environmental protection must be viewed not just as a sectoral economic issue but as a key element of the Fundamental Rights section. Article 37 of the Charter of Fundamental Rights of the European Union and the revised Directive 2024/1203 on the protection of the environment through criminal law require Member States to set a high standard of environmental safety, under which a human being has the right to be protected from ecocide and ecosystem degradation.

Based on research and human rights practices, the following issues can be identified in how environmental protection policies are implemented in Ukraine:

The declarative nature of environmental protection is hindered by ineffective legal tools, primarily due to limited political will, insufficient staff qualifications, and the absence of a comprehensive government policy to address environmental offenses.
Sanctions often do not reflect the severity of offences: fines for environmental administrative and criminal violations are usually minimal, often under 10 euros for administrative offences and between 500 and 1,000 euros for criminal offences, which fails to serve as an effective deterrent.
Limited administrative capacity: inadequate financial and human resources in control bodies impede the effective implementation of the EU acquis, particularly at the local level.
Shortcomings of legislative regulation include legal uncertainty, partly because some provisions in the articles of the Code of Ukraine on Administrative Offenses are identical, which complicates their enforcement.
Limited public access to justice: the absence of specialized procedures and mechanisms that enable environmental groups and activists to effectively defend public interests in courts, without needing to prove direct personal harm.

What Ukraine needs to do during its accession to the EU to improve the situation:

Revise the legal framework for environmental violations by reviewing sanctions in Ukraine’s Code on Administrative Offenses and the Criminal Code. Ensure these sanctions are proportionate to the harm caused and align with the requirements of the new EU Directives. Implement sanctions for environmental offenses that are truly proportional to the level of harm caused. The current fine system needs to be replaced with an effective mechanism that strips offenders of economic benefits for ignoring environmental norms and serves as a deterrent.
Guarantee access to legal protection by removing procedural obstacles for environmental organizations and activists. Civil society should have the right to access courts to defend public interests, such as a “clean environment for all,” without needing to demonstrate direct property damage to an individual.
Legislation should establish protections for environmental whistleblowers, creating guarantees for those who report environmental crimes. This encompasses legal safeguards against persecution, confidentiality, and state-supported assistance, akin to mechanisms for combating corruption.
Responsibility of businesses and proper inspections: the corporate sector must be integrated into the environmental accountability system through mandatory procedures for assessing the environmental impact of their activities. This assumes the development of clear procedures for handling complaints within companies and requires mandatory reporting on climate risks.
Institutional capacity and monitoring: reform control bodies to enhance their financial independence and comprehensive oversight. This shift will enable moving from “responding to consequences” to proactively preventing environmental risks.

For a more detailed overview of the EU and Ukraine’s acquis and case law, along with justifications for our recommendations, please see the research section on this page. Specifically, see the document available only in Ukrainian: Environmental Liability for Offences: EU Standards and Ukrainian Practice. If you have any suggestions or remarks regarding this material, please forward them to this address: hrmap@ccl.org.ua.

Experts

Andrii Levkovets

Attorney, partner of the Barristers Law Firm