On August 12, the Servant of the People faction will hold a meeting to decide which issues may be included on the Verkhovna Rada’s agenda for the upcoming session. One of the items up for consideration may be a bill on protecting the rights of property owners whose buildings were destroyed as a result of hostilities (No. 13174). Within this legislative initiative, the Agrarian Committee has approved an amendment (No. 103) lobbied by MP Antonina Slavytska, a former assistant to Serhii Kivalov who entered parliament from the now-banned Opposition Platform – For Life party.

This amendment would significantly simplify the procedure for obtaining construction permits, posing serious environmental risks. Those who already install wind turbines in the Carpathians without conducting Environmental Impact Assessments (EIA) would benefit directly. This refers to a business relocated from Kramatorsk to Zakarpattia – the company Wind Farms of Ukraine, which is already building turbines on Polonyna Runa. The company is linked to former Party of Regions MP Maksym Yefimov from Kramatorsk. Yefimov and Slavytska co-chaired the parliamentary group Restoration of Ukraine until Yefimov resigned his mandate in late 2023. It is therefore likely that Slavytska’s amendment serves the interests of Yefimov’s affiliated business.

Amendment No. 103

What is already being done to transport and install massive turbines?
Petro Tiestov
Petro Tiestov
Analyst, Ukrainian Nature Conservation Group
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Right now, on Polonyna Runa, the Environmental Impact Assessment procedure for the construction of wind farms has been suspended due to ongoing litigation over the dubious allocation of land plots. Despite this, foundations have already been built without an EIA, and the state enterprise Forests of Ukraine is constructing a road to the site. However, without an EIA conclusion, they cannot install the turbines themselves. Adoption of this law with Slavytska’s amendment could lead to the destruction of the highland meadow.

Photo: from the Facebook page “Save Pikuy”

Meteorological masts measuring wind strength have been installed in the Carpathians for years.

What risks does this pose?
Oksana Stankevych-Volosianchuk
Oksana Stankevych-Volosianchuk
Ecologist, NGO Ecosphere
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If the Prosecutor’s Office has filed a lawsuit over the illegal allocation of land for construction in a forest or coastal area, it makes no sense to issue a construction permit — what happens if the Prosecutor’s Office wins the case? Would they have to demolish the buildings? Let’s look at the Carpathian example. The community of the village of Kalyny is challenging in court an urban planning document providing for a cascade of small hydropower plants on the Teresva River. Because of this, the Ministry of Environment has suspended the EIA process. The river is an ichthyological reserve and part of the Emerald Network. Segmenting it into several reservoirs will severely damage its ecosystem, especially water quality. Locals are also deeply concerned about floods and rising groundwater levels since an entire residential area lies in the floodplain. Court proceedings are ongoing, and therefore the developer has neither EIA approval nor construction permits until a final decision is issued. This protects the business from financial losses if it loses in court.

She adds that if MPs vote for Slavytska’s amendment, it will create multiple societal problems, including loss of trust in fair judicial processes and in state authorities responsible for issuing environmental permits based on EIA reports.

Why will this happen?
Oksana Stankevych-Volosianchuk
Oksana Stankevych-Volosianchuk
Ecologist, NGO Ecosphere
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Businesses will pressure officials to allow construction before the courts rule. Alternatively, if judges and officials are not corrupt, the opposite problem arises — depending on the court’s decision, the built structures may have to be dismantled and the land rehabilitated.

During the Agrarian Committee meeting, MP Slyvinska claimed that so-called pseudo-activists and lawsuits jeopardize infrastructure projects:

Dishonest activists file artificial lawsuits. Once the court opens proceedings, administrative procedures are suspended. You know how long cases drag on — the shortage of judges and other factors cause delays. As a result, important infrastructure projects are stalled for over a year.

Excerpt from the Agrarian Committee transcript, August 7 — direct quote from MP Antonina Slavytska

Stories about “pseudo-activists” are not new. Similar rhetoric was used when MPs discussed the so-called Ihor Mazepa Law (bill No. 12089), aimed at nullifying accountability for forest and coastal land grabs. At that time, Deputy Head of the President’s Office Oleh Tatarov also mentioned activists who allegedly “make big money.” Yet, no concrete examples were ever presented by MPs or the President’s Office.

Transcript of the discussion on the so-called Mazepa Law

Slavytska’s position was echoed by Servant of the People party leader Olena Shuliak, known for promoting the controversial urban planning “reform” (bill No. 5655) criticized for corruption risks benefiting developers. She agrees that EIA procedures could be partially suspended not only during wartime but even for several years afterward:

For which projects do they propose suspending the Environmental Impact Assessment?
Olena Shuliak
Olena Shuliak
Head of Servant of the People party
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Today, the best decision would be to temporarily suspend not for all environmental impact assessments, but only for those objects related to the defense industry, only for those objects related to ensuring our energy independence, issues connected with the construction of power lines, etc. That is, it is only for a very limited number of objects, which are simply critical for us under martial law, and for the period — that is, not entirely removing EIA from administrative procedures, but only for the period of martial law plus three years.

Such support from Shuliak for Slavytska’s amendment is not surprising, because during the vote on the urban planning “reform,” when only 228 MPs voted “for” (the critical minimum for the bill to become law is 226), decisive votes were given by former Opposition Platform – For Life representatives. This “reform,” criticized by civil society, the European Parliament, and the European Commission, was supported by Dmytro Isaienko of the group Restoration of Ukraine, who still serves as secretary of the Committee on State Power and Local Governance chaired by Shuliak.

Cynically, this amendment lobbied by Slavytska, as in the case of the infamous “NABU amendments” (bill No. 12414), aimed at eliminating the independence of anti-corruption agencies, was included before the second reading in a bill that has nothing to do with wind turbine construction, but addresses a sensitive societal topic. This violates the Constitution and the Rules of Procedure of the Verkhovna Rada.

Visualization comparing turbine heights of 150 m and 180 m with building heights. Author: Liza Maksymova

Liudmyla Shemelynets, who at the time of the Agrarian Committee meeting was still Deputy Minister of Agrarian Policy, reminded MPs that the Law “On Administrative Procedures,” which they are trying to amend, was adopted at the request of international partners and noted that both the Ministry of Justice and international partners may react very negatively to this.

Quote from Deputy Minister of Agrarian Policy Liudmyla Shemelynets during the Agrarian Committee meeting of the Verkhovna Rada

It is worth reminding that parliament effectively abolished the specialized Ministry of Environment within the Cabinet of Ministers, merging it with the Ministry of Economy and the Ministry of Agrarian Policy. When the parliamentary majority supported the aforementioned “Ihor Mazepa law,” the Ministry of Environment recommended vetoing it.

Lawyer and member of the civic initiative Holka, Yurii Melnyk, emphasizes: “If the Law ‘On Administrative Procedure,’ to which they want to introduce changes, is not applied to environmental impact assessments, we will return to the times when everything depends solely on the judge. The only tool left to counter illegal construction will be injunctions. And it will be the court that decides whether there are sufficient grounds to satisfy an injunction or not. Considering the workload on judges, it is possible that while the court proceedings are ongoing, the disputed forest plot will be cut down, and then it will be too late to influence the situation.”

Now, in the absence of a specialized Ministry of Environment, if MPs support such an amendment, society will have fewer and fewer tools to protect the environment.

Specially for “Livyi Bereh