Legal grounds for altering the boundaries of the nature reserve fund in Ukraine’s border zone: based on the findings of an expert study

In the current conditions of developing defense and security capabilities, with the aim of minimizing national security risks in the field of protecting the state border of Ukraine, implementing the measures provided for by the National Security Strategy of Ukraine, as well as improving the nationwide system of state border protection, a number of priority tasks were defined by the decision of the National Security and Defense Council of Ukraine dated July 30, 2021.

Within the implementation of these tasks, in the 50-meter strip along the state border of Ukraine, objective grounds may arise for the withdrawal of lands of the nature reserve fund and other lands of environmental protection purpose for national security needs.

At the same time, in accordance with Article 54 of the Law of Ukraine “On the Nature Reserve Fund of Ukraine”, changes to the boundaries, categories and revocation of the status of territories and objects of the nature reserve fund are carried out in the manner defined by Articles 51–53 of this Law, in agreement with the central executive body that ensures the formation and implementation of state policy in the field of environmental protection, and exclusively on the basis of a relevant expert opinion.

An expert opinion within the meaning of Article 54 of the Law of Ukraine “On the Nature Reserve Fund of Ukraine” is a document setting out a professional position in the form of a written reasoned conclusion, formed by experts on the basis of an analysis of the actual environmental, economic and legal circumstances provided by the client, as well as materials examined within the scope of the expert assignment using special legal and professional knowledge.

During the preparation of an expert opinion within the meaning of Article 54 of the said Law, it is mandatory to establish and justify the expediency, lawfulness, exceptional nature and practical feasibility of implementing changes to the boundaries, categories or revocation of the status of territories and objects of the nature reserve fund in the interests of a business entity.

Achieving such a result is possible exclusively on the basis of a comprehensive interdisciplinary approach involving specialists from various fields of science, in particular experts in technical sciences (construction), biological sciences (zoology and botany), economic sciences (nature management), as well as legal sciences (land and civil law).

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