Ecology and biotechnology

Environmental standards

The framework for environmental protection activities in Ukraine is set by the Law of Ukraine “On Environmental Protection” dated 25 June 1991 (the Law of Ukraine “On Environmental Protection”). The Law of Ukraine “On Environmental Protection” differentiates between environmental standards and environmental guidelines. While environmental standards provide for mandatory requirements as to the use and preservation of natural resources, control for the environment and prevention of pollution, environmental guidelines set out maximum permissible discharge of pollutants into the environment. There are numerous currently effective environmental standards and guidelines in Ukraine which regulate in detail the use of air, water resources, land, flora, fauna, forests and subsoil, as well as waste management, operations with dangerous substances and other activities that have substantial influence on the environment.

The Law of Ukraine “On Environmental Protection” establishes general principles of environmental protection, rights and responsibilities of the Ministry for Environmental Protection of Ukraine, being the governmental authority responsible for environmental protection. The State Ecology Inspection of the Ministry for Environmental Protection of Ukraine is the principal governmental body responsible for monitoring compliance with the environmental legislation.

For example, the Ukrainian legislation requires that project design proposals for all new development projects in Ukraine that are characterised as having a high potential adverse impact on the environment must contain an assessment on the environmental impact of the project and provide for certain public involvement.

Compared to international standards, Ukrainian environmental legislation can be characterised as having reasonably stringent standards but has historically suffered from relatively weak enforcement.

Health and safety of employees

The principal legislation relating to health and safety of employees is the Labour Code of Ukraine dated 10 December 1971 as amended, establishing the main responsibilities and rights of employees with respect to occupational health and safety. The State Committee of Ukraine for Industrial Security, Labour Protection and Mountain Supervision is the governmental authority which monitors occupational health and safety.

Biotechnology

In accordance with the Law of Ukraine "On priority directions of innovative activity in Ukraine" dated 16 January 2003, biotechnology is considered to be one of the strategic priorities subject to innovations in Ukraine throughout the period of years 2003-2013. Versatile spheres where biotechnological knowledge is applied are regulated by different legislative acts.

Medical biotechnology in Ukraine is regulated by the Law of Ukraine "On the Legal Protection of rights to inventions and utility models” dated 15 December 2003, the Law of Ukraine "On the Protection of Plant Species” dated 21 April 1993, the Law of Ukraine "On the breeding of livestock husbandry" dated 23 December 1993 etc.

According to the Law of Ukraine "On Fauna" dated 13 December 2001, creation of new strains of microorganisms, biologically active substances, withdrawal of genetically modified organisms, production of other products of biotechnology are only allowed to be carried out in the prescribed manner and on obtaining the positive conclusions of the state ecological expertise.

It is stated that cloning or application of genetic engineering technology to animals without a positive conclusion of the state ecological expertise is prohibited in Ukraine in accordance with the Law of Ukraine "On ecological expertise" dated 9 February 1995. Such experiments in Ukraine may be allowed only on obtaining a positive assessment of the state ecological expertise.