The Legal Issues of Appropriate Assessment Procedure for the Proposed Activities, Installations, Plans and Programmes for the Types of Activities That Have or are Likely to Have an Adverse Impact on the Emerald Sites

Abstract

The article is the result of drafting work aimed at Ukrainian legislation approximation to
EU law experience in the field of the protection of flora and fauna. Th article deals with the issues arisen before the authors of the draft Law of Ukraine “On Emerald Sites”, concerning: the kind of procedure for assessing the permissibility for the types of activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites (sites that are necessary for the conservation of natural habitats and of wild fauna and flora); the functions of appropriate assessment procedure for the proposed activities, installations, plans and programmes that are likely to have an adverse impact on the Emerald sites, etc. The author analyses the ideas enshrined in the draft Law of Ukraine “On Emerald Sites” and suggests his own proposals on this subject. Ths study may be useful for facilitating the legislative process in the field of decision-making process, property rights protection and Emerald sites preserving.