Ukraine

Environment-People-Law v. Ministry of Environmental Protection (Commercial Court of Lviv, 2008)

Jurisdiction: Ukraine


Side A: Environment People Law (Ngo)


Side B: Ministry of Environmental Protection (Government)


Core objectives:

Sought to compel government action on national greenhouse gas reductions


Summary

 | The Ukrainian public interest organization Environment-People-Law (EPL) sought to compel the Ministry of Environmental Protection to develop a climate change policy for Ukraine; work towards fulfilling its climate change obligations under the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the National Plan; and raise public awareness on climate change issues. EPL alleged the Ministry's inaction violated of the following legal acts: Constitution of Ukraine; Law of Ukraine "On international treaties of Ukraine"; the Presidential Decree on the coordinator of measures on fulfilment of obligations of Ukraine in accordance with the UNFCCC and the KP; the National Action Plan on realization of provisions of the KP; and the Presidential Decree on bringing into force the decision of National Security and Defence Council of Ukraine from 15 of June 2007 "On state and problems on implementation of United Nations Framework Convention on Climate Change by Ukraine". On July 22, 2008, the Commercial Court of Lviv Region ruled a decision in favour of EPL. The Ministry of Environmental Protection filed an appeal and on February 2, 2010 the decision of the court of the first instance was reversed. The Panel of Judges agreed with the position of the defendant that because of a lack of funds there was no possibility to finance appropriate works towards fulfilment of obligations on climate change in accordance with national and international legislation.
Case documents

from the Grantham Research Institute
from the Grantham Research Institute
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