Revista

de la

Universidad

del Zulia

Fundada en 1947

por el Dr. Jesús Enrique Lossada

DEPÓSITO LEGAL ZU2020000153

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es continuidad de la revista impresa

ISSN 0041-8811

E-ISSN 2665-0428

Ciencias

Sociales

y Arte

Año 13 N° 38

Septiembre - Diciembre 2022

Tercera Época

Maracaibo-Venezuela

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Оlena Gulac et al /// Overcoming the environmental crisis in the forest sector of Ukraine… 59-71 
                                                                                                                           DOI: http://dx.doi.org/10.46925//rdluz 38.04 
59 
 
Overcoming the environmental crisis in the forestry sector of Ukraine 
in the context of the ecocentric paradigm 
 
Оlena Gulac* 
Roman Oleksenko** 
Volodymyr Kaluha*** 
Olena Kravchenko**** 
Nataliia Yukhymenko***** 
ABSTRACT 
The  purpose  of  the  scientific  research  is  to  determine  and  justify  the  need  to  harmonize  the 
environmental legislation of Ukraine and the EU in the field of forest resources, based on the prism 
of the "ecocentric paradigm and a new worldview". To achieve this goal, general scientific and special 
scientific  methods  of  cognition  were  used,  in  particular  dialectical,  formal-logical,  analysis  and 
synthesis, system-structural, comparative-legal, formal-legal, predictive. The author substantiates 
the creation of an environmental strategy of Ukraine, which would be based on the principles of 
sustainable development, based on the need for greening forest management, among other things. It 
is noted that the harmonization of the legislation of Ukraine and the EU is aimed at implementing 
legal  guarantees  for  the  comprehensive  application  of  the  principle  of  mutual  benefit  and  the 
principle of environmental cooperation in order to liberalize economic relations between Ukraine 
and its neighbors, on the one hand, and prevent environmental damage, on the other. It is proposed 
to introduce a whole range of measures, starting from the highest state level, aimed at increasing the 
level of greening the nature management of forest resources. 
KEY WORDS: Public administration, Law, Economy, nature conservation, development. 
 
*  National  University  of  Life  and  Environmental  Sciences  of  Ukraine,  Kyiv,  Ukraine.  ORCID: 
https://orcid.org/0000-0001-9004-0185.  E-mail:lenagulac8118@ukr.net 
**  Dmytro  Motornyi  Tavria  State  Agrotechnological  University,  Melitopol,  Ukraine.  ORCID: 
https://orcid.org/0000-0002-2171-514X. E-mail: roman.xdsl@ukr.net 
***  National  University  of  Life  and  Environmental  Sciences  of  Ukraine,  Kyiv,  Ukraine.  ORCID: 
https://orcid.org/0000-0003-4744-826X. E-mail: kalugavl@nubip.edu.ua 
****  Hryhorii  Skovoroda  University  in  Pereiaslav,  Pereiaslav,  Ukraine.  ORCID:  https://orcid.org/0000-
0002-8736-8128. E-mail: olenakravchenko2@gmail.com 
***** Hryhorii Skovoroda University in Pereiaslav, Ukraine. ORCID iD: https://orcid.org/0000-0001-7739-
9716. E-mail: Natale_ux@ukr.net 
Recibido:     10/05/2022                                                                                              Aceptado: 06/07/2022 

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Superación de la crisis ambiental en el sector forestal de Ucrania en el

contexto del paradigma ecocéntrico

RESUMEN

El propósito de la investigación es determinar y fundamentar la necesidad de armonizar la

legislación ambiental de Ucrania y la Unión Europea en el campo de los recursos forestales, con

base en el prisma del "paradigma ecocéntrico y una nueva visión del mundo". Para lograr este

objetivo, se utilizaron métodos de cognición científicos generales y científicos especiales, en

particular: dialéctico, lógico-formal, análisis y síntesis, estructural-sistémico, legal-comparativo,

legal-formal, pronóstico. Se incluye la creación de la estrategia ambiental de Ucrania, que se

basaría en los principios del desarrollo sostenible, sobre la base de la necesidad de uso de los

bosques verdes. Cabe señalar que la armonización de la legislación ucraniana y de la Unión

Europea tiene como objetivo implementar garantías legales de aplicación integrada del principio

de beneficio mutuo y cooperación ambiental para liberalizar las relaciones económicas de

Ucrania con sus vecinos, por un lado, y prevenir daños ambientales. Se propone implementar un

conjunto de medidas, partiendo desde el más alto nivel estatal, encaminadas a mejorar el nivel

de ecologización de los recursos forestales.

PALABRAS CLAVE: Administración pública, Derecho, Economía, espacios verdes, desarrollo.

Introduction

The sustainability of the ecological system, which is also associated with the

sustainability of forest resources, is the basis not only for economic security, but also for social

security, a prerequisite for the sustainable growth of the welfare of peoples and the prospects

for their existence on Earth. Problems of the ecological system of one region of Europe, in

particular Ukraine, can lead with a high probability to violations of the balance in the

ecosystems of other regions, while it is not always possible to determine the causal relationship

between harmful consequences for the ecosystem and specific economic activities carried out

on the territory of a particular state. The latter stipulates that issues of environmental protection

and reproduction should not be subordinate, secondary in relation to issues of economic

development. On the contrary, economic development should be driven by environmental

protection. It is noted that the time has come for an "ecocentric paradigm and a new worldview."

Integration processes in Ukraine, its desire for integration with the EU as the first and main

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principle of forming a national administrative and legal mechanism for environmental safety put

forward the principle of interaction between the norms of national and European, national and

international environmental and economic law

(Savenko, 2018; Ermolenko et. al., 2010).

Thus, V. Ladychenko and L. Golovko emphasized that the implementation of the

Association Agreement between Ukraine and the EU means, in particular, the need to

implement European standards and norms in the field of Environmental Protection. The

implementation of the European environmental policy in Ukraine requires mandatory

coordination of organizational, economic and legal aspects of management, which are key to its

effective functioning (Ladychenko, Golovko, 2017). These very definitions are emphasized in the

study entitled "Cooperation of Ukraine and the European Union in the Ecological Sector:

Directions and Prospects" (Gulac, 2013)

Article 361 of the Agreement - that cooperation is aimed at preserving, protecting,

improving and reproducing the quality of the environment, protecting public health, prudent

and rational use of natural resources and promoting measures at the international level aimed at

solving regional and global environmental problems, inter alia, among others, in the following

areas: a) climate change; b) environmental management and similar issues, in particular

education and training, access to information on environmental issues and decision-making; f)

conservation of nature, in particular conservation and protection of biological and landscape

diversity (eco-networks); k) civil protection, in particular natural disasters and man-made

threats (Association Agreement between Ukraine and the EU). Article 362 of the Association

Agreement between Ukraine and the EU provides for the need for joint implementation by the

parties of the agreement: exchange of information and experience; research activities and

exchange of information on environmentally friendly technologies; planning of measures to

overcome the consequences of emergency situations; activities at the regional and international

levels, including in accordance with multilateral environmental agreements ratified by the

parties and, if appropriate, activities within the relevant agencies. The parties to the Agreement

pay special attention to issues of a transboundary nature, a striking example of which is large-

scale forest fires. In addition, Article 363 of this regulatory act regulates the need for gradual

approximation of Ukrainian legislation to EU law and environmental protection policy in

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accordance with Annex XXX to this Agreement (Association agreement between Ukraine and

the EU).

1. Objectives

The purpose of this work is to determine and justify the need to harmonize the

environmental legislation of Ukraine and the EU in the field of forest resources, based on the

prism of the "ecocentric paradigm and a new worldview".

2. Materials and methods

To achieve this goal, general scientific and special scientific methods of cognition were

used, in particular dialectical, formal-logical, analysis and synthesis, system-structural,

comparative-legal, formal-legal, predictive. In particular, the use of the dialectical method

allowed us to study the need to harmonize the environmental legislation of Ukraine and the EU

in the field of forest resources, based on the postulates of the "ecocentric paradigm and a new

worldview", which is now widely used among the scientific community and, in particular,

according to Ermolenko V., Gafurova O., Grebenyuk M. and Savenko A., is the predominance of

environmental components among all others, especially economic, on the way to environmental

safety, putting forward the principle of interaction of norms of national and European, national

and international environmental and economic law.(Ermolenko et. al., 2010; Savenko, 2018).

Taking into account the scientific theory of "human place in the safety of life", the creation

of an environmental strategy of Ukraine based on the principles of sustainable development,

based on the need for greening forest management, among other things, is justified.

3. Results and discussion

In our opinion, given the subject of this study, an extremely important direction for

improving administrative and legal regulation in the area we are studying and implementing

relevant European integration norms and standards, first of all, is the direction of "climate

change and ozone layer protection"

(Association agreement between Ukraine and the EU).

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This is especially true in the context of the extremely urgent and threatening global

situation of climate change, which in recent years has been a significant factor in causing large-

scale forest fires with serious consequences.

In addition, issues of cooperation between the signatory states in the field of civil

protection acquire special weight in the Association agreement between Ukraine and the EU,

which, according to Article 364, must be implemented by implementing separate agreements in

this area concluded between the Parties in accordance with the relevant authorities and

competence of the EU and its member states and in accordance with the legal procedures of each

of the Parties. Such cooperation consists primarily in: a) promoting mutual assistance in

emergency situations; b) sharing the latest messages and updated information on cross-border

emergencies around the clock, in particular in implementing requests and proposals for

assistance; c) assessing the impact of emergencies on the environment; d) attracting experts to

participate in specific technical seminars and symposia on civil protection issues; e) attracting,

if necessary, observers during separate exercises and trainings organized by Ukraine and/or the

EU; f) strengthening existing cooperation on the most effective use of available civil protection

opportunities (Association agreement between Ukraine and the EU).

Article 365 of the Association agreement between Ukraine and the EU defines the goals

of such cooperation, namely: development of a comprehensive strategy in the field of

Environmental Protection; development of industry strategies in improving nature protection;

development and implementation of climate change policy (Association agreement between

Ukraine and the EU).

In order to increase the protection of certain territories of the forest fund, they are granted

the status of nature protection. However, not every site can become a protected area according

to European standards. The problem is that there is really very little untouched nature left in

Ukraine. Researchers believe that the main reserve for the nature reserve is forests, because they

make up more than 2/3 of all natural and semi-natural territories in Ukraine. Thus, 15.7% of

forests are already assigned to the nature reserve fund. But in order to achieve better indicators

of conservation, in the coming years it is necessary to attract significantly larger areas of forest

land to the reserve fund. If forests, wetlands and steppe areas are bequeathed proportionally,

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then by 2021 the nature reserve fund should additionally include 39.5% of all forest lands. This

will also include the implementation of the provision of the Forest Code, according to which the

main task of forest policy is environmental. An additional argument is the growing role of forest

ecosystems as the last outpost of biodiversity, a powerful factor in climate stabilization and

carbon dioxide uptake (Vasilyuk, 2015; Hamor, 2015; Gulaс, et al., 2019).

The harmonization of the legislation of Ukraine and the EU is aimed at implementing

legal guarantees for the comprehensive application of the principle of mutual benefit and the

principle of environmental cooperation in order to liberalize economic relations between

Ukraine and its neighbors, on the one hand, and prevent environmental damage, on the other. In

this case, international economic relations related to the exploitation of natural resources will

be truly mutually beneficial, both at the global and regional level, since the components of the

principle of mutual benefit are not only the benefits of consuming natural resources, but also the

benefits of preserving the environment and implementing obligations to prevent environmental

damage. The consequences of environmental damage can occur for quite a long time, the amount

of this damage can be very significant or such damage can in principle be irreversible. If such

consequences are not prevented, then compliance with the principle of mutual benefit will

become difficult or even impossible (Bondar, 2018).

It should be noted that environmental legal culture is extremely important. There is

certainly that environmental education and education for sustainable development are

important factors in shaping the modern outlook of the average citizen of Ukraine and the main

mechanisms for implementing sustainable consumption and production in Ukraine (Kurylo L.

et al., 2020).

Discussing the reform of the forest industry in Ukraine, its current head noted: "changes

in the forest industry bring long and painful processes. Pessimism can be explained by many

reasons. The most significant of them are: the lack of an ideology for the development of forestry

– it was leveled between different "ideologies" that were proposed already during independence;

the specifics of economic mechanisms of reforms that began to be imposed "from above" since

the liquidation of the relevant ministry almost without discussion; the extremely impoverished

personnel of the industry; the long-term lack of proper budget funding" (Strategy). In particular,

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for several years now, there have been heated discussions about the vector of reform of the

forestry industry as a whole, its content saturation and, most importantly, the construction of a

management system in the industry that would distinguish between management, control and

economic powers, and, unfortunately, a certain consensus has not yet been reached. At the same

time, we are aware that no political compromise has actually been reached. Although at the end

of 2015, to implement the reform of the forest industry, the State Forestry Agency Order No. 244

of 06.11.2015 "On the creation of a Working Group on reforming the forest industry" was issued,

which provided for the inclusion of 15 specialized specialists with strong professional

experience in this group.

However, any system decisions begin with the appointment of a responsible manager and

the adoption of an appropriate strategy for the sustainable development of the industry. In this

sense, we should state a deep managerial crisis, since both the relevant ministry and the State

Forestry Agency were without appointed managers for quite a long time. Accordingly, even the

adoption of a forest strategy developed by domestic specialists with the assistance of

international funds, in the absence of an industry manager who would take responsibility for its

implementation, is considered inappropriate by us. In addition, it is extremely important to use

the full potential of public discussion in solving strategic issues of the industry today. Foresters,

scientists, environmentalists, and specialized public organizations should express their opinion.

And the decision should still be made through compromise. After all, the situation of stagnation

does not bring positive results. In addition, for a long time now, the State Forestry Agency's

website has not updated information, but the one that exists is either incomplete or not

objective. In particular, this applies to the system of regulatory legal acts, the state of forests, the

level of forest cover, and so on. No information about large-scale forest fires that occurred during,

in particular, the last five years on the official website of the central executive authority

implementing state policy in the relevant area not posted for a long time, despite the fact that

each information resource published daily relevant information, since they were in the nature of

emergency situations.

It should still be noted that the forests of Ukraine are objects of property rights of the

Ukrainian people and therefore their further development and reform of the forestry

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management system should be balanced and supported in society. In particular, significant

concerns lie in the fact that if a new business entity is formed, the resource will be monopolized.

Although, it should be noted that the protocol decision of the Cabinet of Ministers of Ukraine

of 04.07.2017 instructed to develop and submit in accordance with the established procedure for

consideration a draft strategy for reforming the management of the forestry sector, providing, in

particular, the Association of Forestry enterprises on a regional principle, which would

correspond to the general trends of decentralization, that is, the transfer of authority to provide

forests for forestry from the local to the central level does not meet the tasks of the National

Decentralization Reform (Strategy).

Therefore, we must be fully aware that only a change in the management model will not

solve many problems of the forest industry, since if the "Forest Strategy" does not become a

consensus document, there is a risk that it will be banally sabotaged on the ground. Thus, even

now the strategy for Sustainable Development and institutional reform of Forestry in Ukraine

still exists as a project, consensus on which has not been reached. Its analysis allows us to

conclude that this developed document focuses on the economy of the forest industry, and it is

not for nothing that it has a corresponding name. It should be noted, that the difficult

environmental situation necessitates the improvement of environmental mesuares through,

among fiscal policy (Kurylo V. et al., 2020).

However, among the numerous reasons for the emergence of problems in the forest sector,

we highlight the following: "the imperfection of the forest management system, in particular the

combination of regulatory, supervision and control functions within one central executive

authority; an imbalance in the organizational and legal structure of Forest Fund Management,

which leads to distortions in financial support (lack of funding for measures to ensure fire safety

of forestry enterprises in the South and East of the country); mass manifestations of corruption

at all levels; a multi-departmental forest management system; unrealized standards in forest

protection issues; difficulty in bringing to administrative and criminal responsibility forest

violations; imperfection of regulatory legal acts in the field under study; low level of public

awareness about the state of forests; lack of a scientifically based strategy for adapting forests to

climate change (Kohut, 2022). Consequently, among the priority areas for achieving the goals,

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the developed Strategy suggests: strengthening the role of the current State Forestry Agency;

distinguishing regulatory, supervisory and control functions from the implementation of

economic activities; transferring the corresponding economic functions to a newly created state-

owned business entity; strengthening administrative and criminal responsibility for forest

violations; improving the quality of information on the state of the forest sector of Ukraine

(Gulac et al., 2022).

"Now, unfortunately, we must state that the reform of the forest industry due to the

lack of consensus in understanding its further development vector, powerful political

lobbyists with opposite views on building a management system in the field of forest

relations, the significant influence of international institutions offering their vision of

the foundations for the further development of the domestic forest industry, the

absence for a long time of the heads of the central executive authority, who form and

implement state policy in the field of forest relations, is not implemented" (Gulaс,

2020).

At the same time, in order to implement effective management, the Cabinet of Ministers

of Ukraine directs efforts to build a system of local self-government that would ensure the

dynamic development of regions and transfer as much authority as possible to the community

level, including in ensuring fire safety in forests." (Ladychenko et al., 2021).

It should be noted that now in the world there are different organizational models of state

regulation of the protection, use and reproduction of forests. However, according to the World

Bank experts, guaranteed successful models cannot actually be known either in advanced

economies or in transition countries (Gulac, 2020). The need to distinguish between the

functions of the public and private sectors in the field of forest relations remains relevant. The

state, as the largest owner of forests, on the one hand, is interested in preserving and increasing

the value of this type of property and making a significant profit from it. On the other hand, the

environmental challenges of our time require the opposite approach (International public law).

Thus, it is possible to achieve an optimal and effective balance in the mechanism of public

regulation of public relations in this area on the basis of balancing the relevant economic

interests with other public needs, for which, in principle, such an organization as the state was

created.

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At the same time, it should be noted that over time comes an absolute understanding that,

first of all, due to changing climatic conditions, environmental interests become a priority even

over economic ones, since, as numerous scientific studies have noted, even in this century, the

biological existence of Human will depend on them, because only natural resources can provide

the basic needs of humanity. In particular, the key thesis of one of the reports at the UN meeting

in 2018 was that "the fight against climate change will help prevent conflicts" (Nacionalna

dopovid). The system of ensuring fire safety in forests also plays a significant role in this context,

since forest fires, including at the UN level, are recognized as one of the main threats to humanity

in the near future. In addition, analytical data from the annual National Report on the state of

man-made and natural safety in Ukraine emphasize that the problem of preserving forests from

fire in recent years has become particularly acute due to rising air temperatures (Nacionalna

dopovid).

Conclusions

Summing up the above, we consider it appropriate to introduce a whole range of

measures, starting with the highest state level, aimed at increasing the level of greening the

nature management of forest resources. In particular, we propose to provide for specific aspects

aimed at improving the level of fire safety in forests in the regulatory act of the Cabinet of

Ministers of Ukraine, which should be developed for the implementation of the forest strategy

with clear deadlines, performers, financing methods, etc. Among them, we highlight the

following: allocation of funds for forest inventory; foresight of afforestation by the structure of

forests resistant to forest fires; the need for forest pyrological zoning of forests of Ukraine;

construction of forest roads; ensuring the availability of filled fire-fighting reservoirs; providing

communication in woodlands, especially in the exclusion zone; purchase and equipment of

monitoring systems for the fire-fighting state of forests and other necessary means; extensive

information campaigning in the mass media about the need to comply with the requirements of

fire safety rules in forests and the level of responsibility for their violation; conducting

appropriate classes in educational institutions, etc.; open access to information on the state of

forests; coordination of interaction of local authorities, territorial communities, environmental,

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forestry, law enforcement agencies, mass media and State Fire Protection units in matters of

informing about possible fires and coordinating actions when extinguishing them, patrolling the

territories of the forest fund and preventing vehicles from entering the territory of woodlands at

a certain level of fire danger; working out appropriate practical exercises, conducting trainings,

etc.

Unfortunately, the legal awareness of Ukrainian residents, in particular in the field of

compliance with environmental legislation in general, is not yet at a sufficiently high level, partly

due to banal legal ignorance, partly due to simple disregard for any rules and self – confidence.

Therefore, we believe that properly structured agitation work with the population should be

highly effective. In addition, it is also important to increase the level of legal liability for Forest

violations, since even after making appropriate changes to the Code of Ukraine on

Administrative Offenses, liability is still not comparable to the possible risks that exist in their

violation. In particular, in order to prevent forest fires, it is important to conduct preventive

conversations with the population every season, indicating the severity of the consequences of

possible forest fires, the importance of compliance with fire safety rules in forests and the

algorithm of actions when detecting them.

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