Kuznietsova S. V. Legal basis for concept formation in Ukraine of the low carbon growth and climate protection
The article investigates the formation of legal bases for implementation of Ukraine’s commitments to combat the climate change under the UN Convention on Climate Change and the Kyoto Protocol. The analysis of such obligations as limitation of the greenhouse gases and the protection and increase of quality of sinks and reservoirs of greenhouse gases is provided. It is concluded that in order to overcome the problems of climate change the scientific methods of environmental law are applied with consideration of requirements established by international documents. Such methods include forming a new environmental ideology; development and effective implementation of the national environmental policy in the context of sustainable development; formation of the modern environmental legislation; an optimal system of governance of natural resources and environmental protection; ensure optimal financing activities in the relevant area; environmental education, training in the relevant field of Ecological Culture and more.
The requirements for adoption in Ukraine of the «flexible response» and «comprehensive strategies» foreseen in the UN Convention on Climate Change and the Kyoto Protocol are characterized. The article investigates the task in the area of energy-efficient development, energy-saving and energy-efficient technologies that facilitate adaptation of ecosystems to climate change and sustainable development in general. The main attention should be given to basic economic sectors – industry, energy, transport, housing and communal services, agroindustrial complex, which consume the largest amounts of energy and emit the most volumes of greenhouse gases and pollutants, thus accelerating climate change.
The task of adoption in Ukraine of the low carbon growth strategy and the guidelines for this document are identified. The question of the transition economies of carbon in the development and implementation of low carbon growth strategies were discussed at the 16th Conference of the Parties to the UNICCO (6th meeting of the Parties to the Kyoto Protocol), which took place from 29 November to 10 December 2010 in Cancun (Mexico). As a result of joint arrangements Parties undertook to develop and adopt in their national legal policy strategy for low carbon development and transfer, thus the economy of their countries to reduce consumption and energy intensive use of resources, defined the basic provisions should include such strategies.
The legal framework on these issues is characterized. The prospects for future development of corresponding social relations are defined. Thus, the legislation of Ukraine in area of the low carbon growth and climate protection is new. It is at the initial stage of formation.
Source of origin of such legislation in Ukraine is international law. It has no clear conceptual and legal framework. Such legislation is mainly represented by a number of governmental and departmental regulations. It can ensure the successful implementation of international obligations.
This framework should establish the Law of Ukraine «On State Regulation of anthropogenic emissions and removals of greenhouse gases» and «On the regulation of energy is saving». Their adoption is a priority towards improving the efficiency of the legislation.
Projects mentioned laws for several years pending in the Parliament of Ukraine. The Association Agreement between Ukraine and the European Union, in the section on the environment, climate change is at the forefront in addressing regional and global issues. The above should contribute to a fundamental change approaches to regulation in this area.
Key words: The UN Framework Convention on Climate Change; Kyoto Protocol; greenhouse gas emissions, energy efficiency; the concept of low-carbon growth.