Draft Law No. 12384 “On Stimulating Economic Development of the Fisheries Industry” may open the way for the use of coastal protection zones in a way that contradicts their environmental function.
This was stated by the Ukrainian National Bar Association (UNBA).
What is known about the draft law No. 12384
Date of registration: 08.01.2025 р.
Included in the agenda: 11.02.2025 р.
Adopted as a basis: 13.05.2025 р.
Initiators: Artem Chornomorov, Oleksandr Haidu, David Arakhamia, Andriy Motovylovets, Anatoliy Urbanskyi.
Main Committee: Committee of the Verkhovna Rada of Ukraine on Agrarian and Land Policy.
The document amends the Water and Land Codes, as well as a number of laws of Ukraine.
What was the lawyers' assessment of this legal act?
Members of the UNBA Committee on Agrarian, Land and Environmental Law analyzed the legislative changes proposed in this act. Here are the key comments of the experts.
1. Draft Law No. 12384 may call into question the achievement of the goals of the State Program for the Implementation of Import Substitution of Fish Products by 2030, as it provides for the development of fisheries based on innovation and environmental sustainability.
The lawyers noted that, given the requirements for sustainable development, the proposed changes to riverbank development “seem somewhat inappropriate.” They warned that the amendments to the Water and Land Codes of Ukraine provided for in draft law No. 12384 clearly indicate the need to use land areas that are part of the coastal protection zone, perform an environmental function and are not subject to any other use than to prevent the harmful effects of water or to ensure the continuity of energy resources or pipeline transportation. In particular, these are hydraulic, hydrometric, and linear structures.
2. This draft law does not introduce any additional financial mechanisms that would stimulate the economic development of the Ukrainian fisheries sector.
3. Amendments to Art. 123 of the Land Code are a gross interference with the powers of local governments to dispose of land plots. According to the lawyers, it calls into question the principle of the rule of law, coordination of all branches of government and security.
“After all, the land plot for the needs of the fish and fish oil processing enterprise will undergo a strategic environmental assessment (SEA) at the stage of development of urban planning documentation (which precedes the stage of formation of such a plot), since an environmental impact assessment is required for such activities.
As a result, the SEA stage will identify the risks of involving coastal protection zones in such activities due to high security risks. And as a result, such activities will be proposed in areas that are not part of the coastal protection zone,” the lawyers explain.
The lawyers summarized: the draft Law No. 12384 not only does not create real financial incentives, but also potentially destroys the legal and environmental principles of water management. According to the NAAU members, this legal act should be withdrawn from consideration as one that cannot be corrected due to the inconsistency of its provisions with the Constitution of Ukraine.
Earlier, EcoPolitic reported that environmentalists had found flaws in draft laws No. 9596 and No. 9597 on biofuels.
We also wrote that the Verkhovna Rada voted for amendments to the Tax Code related to the eco-tax.
