FOR INTERNAL USE ONLY - Article 19

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ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONThere are no guidelines on the exact procedure of setting up public councils, such as rules ofnomination and appointment, terms of office of its members, accountability, possible discharge fromtheir duties and conflict of interest regulations.4,; !" " 6 " EIAs are primarily regulated by the EIA Law 195 and partially by the Law on Environmental Protection.They are compulsory for activities that may lead to environmental hazards. The Cabinet of Ministersrequests EIAs (Article 21 of the EIA Law) 196 and formulates the list of activities requiring mandatoryEIAs (Articles 13 and 21(4)).EIAs can be initiated by the State or by the public. Public EIAs can be initiated by individualsand members of civil society. They can be carried out simultaneously with (but independently of)State EIAs 197 and are conducted by independent groups of experts. EIAs conducted by interestedindividuals and organisations are initiated on the basis of an agreement approved by the MEP (Article17).However, only the results of the State EIAs are binding; public ones are simply regarded asrecommendations. Therefore, the decision on whether or not to undertake a project that has an impacton the environment is in the hands of the authorities. 198 Public EIAs can be taken into account whileconducting State EIAs, as well as when making a decision about the authorisation of a proposedactivity (Article 12).The results of EIAs can be declared invalid by a court order if they are in breach of thelegislation (Article 45).Publicity about EIAs is vital for public participation. ‘Promotion of awareness among the localpopulation about the results of EIAs’ is listed among the obligations of local environmentaladministration bodies (Article 23(4)).A declaration must be made in the media before conducting State EIAs for activities that posehigh risks of environmental hazards – including information on the committee responsible for the EIA,the proposed activity, its aims and method of realisation (Articles 10 and 35). The conclusions reachedfollowing an EIA must be disseminated through the media (Article 10).195 See note 157.196 The same authority is given to the government of the Autonomous Republic of Crimea. Within their regions,local councils make decisions and organize EIAs (Article 23).197 Article 16 of the EIA Law and Article 30 of the Law on Environmental Protection.198 Positive conclusions of the state ecological examination, and its approval by the MEP, provide the basis forstarting the activity in question (Articles 39 and 29 of the EIA Law).For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007%'
ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONThe conclusions of public EIAs can (but do not have to) be publicised in the media and sent tothe relevant local organs of the MEP, including bodies responsible for State EIAs. This data can betaken into account while carrying out the State EIA (Article 42).According to Article 11 of the EIA Law, public hearings and open sessions should beconducted in order to take public opinion into consideration in EIA processes. Public participation inthis area can also be facilitated through statements in the media, the submission of writtenrecommendations and the participation of public representatives in EIA expert committees. Article 11further states that the formulation of conclusions on EIAs and the subsequent decision-making on therealisation of projects has to take public opinion into consideration.Legal entities can challenge the results of EIAs – either directly with the State bodiesresponsible for the decision or by lodging a legal appeal (Article 44).4,( Article 47 of the Law on Information states that ‘breaches of the law … shall entail disciplinary, civillaw and administrative liabilities, as well as criminal prosecution’. This provision can be applied incases of illegitimate denial of information; untimely release of information; dissemination ofmisleading information; and obstruction of dissemination of information.Article 238 of the Criminal Code provides for fines or imprisonment in case of:Concealment or intentional tampering by an official with information concerning the environment,including radiation levels, in connection with pollution of land, water, air, food products and rawmaterials, and all that adversely affects the health of people, flora and fauna, and also the incidence ofdisease among the population in areas of heightened environmental threat.The maximum penalty is three years’ imprisonment, or five if the information relates to an emergencyarea and its concealment leads to grave consequences. ARTICLE 19 is not aware of cases in whichthese provisions have been applied.Amendments in 2003 199 added a provision to the Code of Administrative Offences, on theillegitimate refusal of information, its late or incomplete provision, or the provision of falseinformation by public officials. These offences are punishable by a fine.In practice, sanctions are not applied. If a court rules in favour of an information requester, thebody holding the information is simply requested to release it, without the imposition of sanctions.The complexity of the legislation also deters many potential plaintiffs from taking cases against public199Law ‘On the Insertion of Changes to Certain Laws of Ukraine to Support the Right to Freedom of Speech’,see note 10.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007%(
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