Why bill 9664 on seaports cannot be supported and what is the alternative?

In January, there was a discussion of the bill on seaports (9664).

This initiative was supposed to be reviewed by the Transport Committee, but the key committee that violated the procedure for it was chaired by the leader of the pro-government party and the author of the bill, MP Olena Shulyak. There are already positive conclusions from the committee, although some MPs had their reservations, and some of the remarks were taken into account. The legislative initiative may soon be considered in the session hall.

That’s why representatives of the Ro3kvit coalition, which brings together over 80 experts from Ukraine and around the world for quality reconstruction, engaged Ukrainian MPs Hanna Bondar (“Servant of the People”) and Yuliia Klymenko (“Holos”), as well as the head of the public initiative “Holka,” Iryna Fedoriv, international experts, and the public in the discussion.

What risks does project 9664 entail?

Iryna Fedoriv

Chairperson of the public initiative 'Holka'

We thoroughly studied the project. It poses a threat to the development of coastal areas of rivers, lakes, and reservoirs from the outset, although the authors emphasize that it's about seaports. That's why it lacks support from the ecological committee and there are serious concerns from the Ministry of Ecology. Moreover, the project limits the ability of local self-government and citizens to influence what will happen where they live. At the same time, the role of military administrations, which are harder for citizens to control during the war, is being strengthened. We also have a serious question for the National Agency on Corruption Prevention (NAZK). There is still no anti-corruption expertise. Our analyst Georgiy Mohylnyi's analysis shows that the legislative initiative contains serious corruption risks, which for some reason NAZK does not see.

Fedoriv noted that the Grand Chamber of the Supreme Court has developed case law that allows returning coastal areas to communities and the state because the right of citizens to access water resources cannot be restricted. Lawmakers should study such practice and strengthen legislation.

Several ministries, the transport and environmental committees, the Association of Ukrainian Cities, and a number of organizations have expressed reservations about the bill. MP Bondar, who heads the subcommittee on urban planning, landscaping, and land relations, emphasized this.

Who will benefit from this initiative?

Hanna Bondar

Member of Parliament ('Servant of the People')

The project goes beyond the competence of our committee. It concerns water, land, and transportation legislation, while our committee deals with the organization of state power and local self-government. I proposed creating a working group so that we could refine both this project and the alternative one proposed by Yuliia Klymenko. However, this proposal was not supported. Usually, there is only one person with remarks before the first reading, but here we received a number of letters. Everyone except the Ministry of Infrastructure has questions and remarks. It turns out that one side is satisfied, and all others are not.

It is worth noting that the Ministry of Infrastructure is headed by Deputy Prime Minister Oleksandr Kubrakov, who also assists Olena Shulyak in promoting the controversial urban planning “reform.”

Yuliia Klymenko, who is the first deputy of the transport infrastructure committee and a co-founder of the inter-faction parliamentary association “Maritime Economy and Security,” pointed out that the sea and ports account for 70% of exports, as it offers the cheapest logistics. Grain, metals, and 60% of foreign currency revenue to the state budget are transported through them, among other goods.

Why is the bill on seaports relevant right now?

Yuliia Klymenko

Member of Parliament ('Holos')

Seas for us are the basis of the economy. There won't be a leap in post-war development without logistics development. But the sea is not just logistics; it's also ecology, fisheries, and much more. If we don't balance all the components, we won't be a maritime state; we'll be a 'state in the sea.' And world food security depends on us. We feed 400 million people with grain and oil in Africa and Asia. People are starving because we can't deliver products. In the project developed by the Ministry of Regional Development, it's a toxic mix that affects various sectors. The government will inform communities in a directive manner that there will be a port on the banks of the Dnipro River that will handle coal. But there's a recreational zone there, and the community promotes tourism and cannot influence the decision. The project affects not only ecology but much more. What needs to be understood is that the 'port' bill is only about ports by 30%.

Expert Nathan Hatson shared the experience of port construction in the USA, where, among other things, the army is involved, but at the same time emphasized that logistics is the main focus for them. This also needs to be understood, and for balance, there must be control from local authorities, ecologists, and society.

Lilet Breddels, head of the Archis Foundation (Amsterdam), proposed to systematize international experience, including that of architects, and convey this information to lawmakers and the media before the first reading of the bill. 

Why aren't there any hearings regarding this initiative?

Yuliia Klymenko

Member of Parliament ('Holos')

In general, for every legislative initiative that has a significant impact on citizens or businesses, hearings should be held in committees. There should be an impact assessment for every law, calculated in figures. What it will cost businesses, citizens, and the state. These are regulatory acts. And here, this assessment should be mandatory.

Recall that bill 9664, initiated by the leader of the ‘Servant of the People’ party, Olena Shulyak, initially attempted to be passed through her committee on state governance and local self-government without prior consideration in subcommittees. Members of Parliament Roman Lozinsky (‘Holos’) and Oleg Dunda (‘Servant of the People’) suggested waiting for decisions from the subcommittees and a response from the National Agency on Corruption Prevention (NAZK), which was supposed to provide an anti-corruption expertise.

As of January 2024, there is no anti-corruption expertise from NAZK regarding 9664, and the Agency has not provided any comments on the situation that has arisen.