Svitlana Hrynchuk, Minister of Environmental Protection and Natural Resources of Ukraine

Russia's full-scale invasion of Ukraine has inflicted some of the greatest damage on the environment of Ukraine. As of September 2024, over 6,000 environmental crimes have been recorded, and the damage is estimated at UAH 2.6–2.7 trillion. In an interview with Ukrinform, newly appointed Minister of Environmental Protection and Natural Resources, Svitlana Hrynchuk, discussed the prospects of the legal documentation of acts of Russian ecocide, the possibility of compensation for the destruction caused, and plans for ecosystem restoration. According to her, international partners fully support Ukraine in these matters.

DAMAGE ASSESSMENT: THE BILL IN THE TRILLIONS 

– You recently headed the ministry. What will the ministry focus on under your leadership?

– Unfortunately, the environment is one of the sectors suffering some of the greatest losses from the war. Vast areas of protected natural reserves, forests, land, and water resources have been occupied or damaged due to intensive hostilities. After de-occupation, it will take decades to restore some areas to their pre-war state. Therefore, my primary focus as Minister of Environmental Protection and Natural Resources is to ensure that both Ukrainians and the international community realise that responsibility for military actions that severely harm natural resources is inevitable. We, together with our international partners, must develop mechanisms that will prevent such wars in the future and impunity of the aggressor for environmental damage. Russia must be severely punished for what it has done to our territories and natural resources. It will have to fully compensate for the damage caused. 

– As of September 2024, what is the estimated sum of the damage, and what environmental consequences of the war have been documented?

– Over 6,000 cases have already been recorded. According to estimates, it is approximately UAH 2.6–2.7 trillion. The damage to the environment is among the largest in monetary terms because of the vast number of destroyed and damaged agricultural lands, forest areas of both protected and industrial status, and polluted basins of our water arteries. Extensive areas are also mined and contaminated with explosive devices. For instance, every day we face hundreds of hectares of forest fires, but traditional firefighting methods cannot always be used due to landmines. Currently, more than half a million hectares of forests are mined. And since the beginning of the year alone, over 23,000 hectares of forests have been damaged by fires. This number continues to rise daily. As of today, 20% of Ukraine’s protected natural areas are either occupied or in combat zones. The estimated damage to Ukraine’s natural reserves, calculated by our experts, is nearly UAH 650 billion.

– Some may think the reported figures are slightly exaggerated. Please tell about the mechanism for documenting destruction and the algorithm for calculating the damage caused. And explain what happens after the damage is recorded and calculated? Preparation of lawsuits to courts, appeals to international authorities...

– Yes, internal documentation and verification of events and damages are already underway. This is being carried out directly by the State Environmental Inspectorate. It follows clear guidelines for recording damages. There are established methodologies, approved by the Cabinet of Ministers, for each area: water, land, forest resources, and air quality (including increased greenhouse gas emissions due to explosions, fires, improper land use, and deforestation).

One specific focus is documenting environmental crimes, which is done by environmental inspectors in cooperation with prosecutors from specialized environmental prosecution offices under the Prosecutor General’s Office of Ukraine. Currently, the Prosecutor General’s Office is investigating 209 criminal cases regarding war crimes against the environment, 14 of which are preliminarily classified as “ecocide.” We are working with them to document and prepare this data for submission to the International Register of Damages when its environmental component becomes operational.

The next crucial step is to ensure these calculations and damages are recognized not only by our international partners, who already acknowledge them, but also by international courts. We are working on that now. Unfortunately, our cases serve as an example for many countries that are interested in developing an international mechanism for documenting, verifying, and using such facts in international courts.

The final stage is the real compensation of damages by the aggressor.

We are trying to consolidate all these processes on the platform of Point 8 of President Volodymyr Zelenskyy’s Peace Formula, “Environmental Security.” In the near future, an international partner meeting will take place, with 18 countries already agreeing to participate, though we are actively working to involve as many countries as possible in the working group. The key issues at these negotiations will be documenting damages, securing compensation from the aggressor, and then restoring the damaged areas.

ENVIRONMENTAL COMPONENT AS PART OF REPARATIONS: PROSPECTS

– What are the prospects for changes in international law and finally including ecocide in the list of crimes considered by the International Criminal Court?

– The chances of success in this matter depend on the unity of the international community. Establishing the practice of prosecuting environmental war crimes now will minimize the consequences of new conflicts in the future. Everyone must understand that nature cannot be destroyed with impunity.

– The Ministry of Environmental Protection has repeatedly emphasized that the environmental component could, for the first time, become part of reparations. Are international partners ready to support Ukraine if such lawsuits are filed, and are they providing legal assistance in preparing the relevant documents?

– Just recently, during a meeting with the German ambassador, we discussed this issue. Germany is one of the co-chairing countries and a driving force behind Point 8 of the Peace Formula. Their officials take the issue of documenting environmental damage and compensation very seriously. We talked about the importance of legal support, specifically in refining the methodologies we use to document damages and in preparing documents for court cases. We are working to involve as many partners as possible, especially for legal support in this process.

– The recent case of Russia’s man-made pollution of the Seim and Desna rivers shows that the enemy is deliberately and maliciously harming the environment even beyond the theater of war. What damage has Ukraine suffered from this disaster?

– Fortunately, the pollution in dangerous concentrations did not reach the water intakes in Kyiv Oblast. But indeed, industrial discharges from a plant on Russian territory caused an ecological disaster to our waterways. As for damages. The estimated environmental losses in Sumy and Chernihiv Oblasts have already exceeded UAH 530 million. These facts have been documented by law enforcement agencies. We are raising this issue on all international platforms, voicing the situation, and drawing attention to it. Russia is blatantly ignoring all international norms, committing a direct crime against the natural resources of a neighboring country.

– What should the action plan be in such cases?

– The Ministry of Environmental Protection, together with leading scientists and experts, has conducted a thorough analysis of the situation. We are currently working on a comprehensive plan that will include an interaction and response algorithm, as well as recommendations for further actions.

– Even before the war, the condition of our rivers was heavily criticized. Since independence, Ukraine has lost up to 10,000 small rivers, according to estimates. Most of the remaining rivers are considered polluted or dirty. Ukraine has approved a Water Strategy until 2050. Could the pollution of the Seim accelerate the implementation of this strategy, perhaps earlier than planned? What needs to be done first?

– Not only the situation with the Seim and Desna rivers this year, but also the general situation with rivers in Ukraine. In particular, the undermining of the Kakhovka dam. We have many plans, especially in the context of European integration. The most important is the implementation of the Water Framework Directive. Ukraine already operates under a basin-based water management principle, with diagnostic and operational water monitoring in all river basins and pollution screening conducted in the largest river basins. Soon, we will approve six river basin management plans (RBMPs) for the Vistula, Dniester, Southern Buh, Black Sea region, Sea of Azov, and Crimea. Three more – Dnipro, Don, and Dniester – are in preparation. By the end of this year, nine RBMPs should be approved. The most challenging part is the implementation of measures outlined in these plans. Of course, this is a long and costly process. We hope for cooperation with our international partners in this endeavor.

RESPONSIBILITY FOR ENVIRONMENTAL VIOLATIONS: HOW THE INSPECTION BAN HAS AFFECTED ENFORCEMENT 

– Regarding systematic pollution, how many negligent domestic entrepreneurs have been held accountable for the poisoning of water resources by industrial discharges in Ukraine? What is the trend in fines paid since the full-scale invasion?

– In the first half of 2024, more than UAH 21 million in damages were assessed due to violations of water protection legislation, specifically the pollution of water bodies. A total of 105 claims and lawsuits amounting to more than UAH 26 million were filed. Of these, slightly more than UAH 6 million has been paid. Ten criminal cases have been opened. Four materials have been transferred to the prosecutor’s office.

Before the war, in 2021, damages due to violations of water protection legislation, particularly the pollution of water bodies, were assessed at more than UAH 121 million. A total of 568 claims and lawsuits were filed for a total amount of over UAH 122 million.

Compared to the pre-war period, as you can see, the numbers are insignificant, as inspections of enterprises have been banned since the beginning of the full-scale invasion. However, we try to record even minor violations almost daily. But violations against natural resources should not only be recorded, they must also be stopped, as recording without addressing the issue is pointless.

Currently, Ukraine is undergoing a process of reforming the field of environmental control. I hope that in the near future, the Parliament will consider the draft law “On State Environmental Control,” which proposes a comprehensive approach to modernizing environmental control in Ukraine, in the second reading. After the reform is implemented, the primary approach will be to prevent environmental damage and ensure responsibility for its restoration. The focus of the environmental inspector will be on constant monitoring and preservation of natural ecosystems, rather than waiting for complaints and making spot visits to enterprises.

We also plan to strengthen control over restoration after damage is caused. Currently, the focus is on fines, but there is no clear control over addressing the issue and restoring the affected natural objects.

ENVIRONMENTAL EUROPEAN AGENDA: ENVIRONMENTAL REFORMS IN ACTION

 How will Ukraine’s new status as a candidate for EU membership impact its environmental integration agenda?

– The section related to environmental and climate protection in our European integration process is one of the largest and most complex in terms of volume and level of requirements. The implementation of environmental reforms, as shown by the experience of other countries, takes the longest time and requires significant financial resources.

– Which ones exactly, can these resources be estimated, at least approximately?

– For example, we can examine the case of implementing the Water Framework Directive, whose main goal is to achieve a “good” ecological and chemical status for surface and groundwater bodies.

The tool for fulfilling this task is river basin management plans, which Ukraine is obligated to adopt as part of the implementation of the directive’s requirements and as an indicator of our progress towards the EU.

Moreover, these plans are important instruments for attracting financing from investment funds and tools, especially given the limited financing from the state budget due to the wartime situation.

As I mentioned earlier, the Ministry of Environmental Protection, together with the State Water Agency, has developed nine such documents for the main river basins in Ukraine. They identify 9,173 surface water bodies and 173 groundwater bodies. The implementation of the measures defined in the river basin management plans will take place over six years, from 2025 to 2030, and will cover 1,635 measures. The total investment required for their implementation is UAH 336 billion (EUR 8.2 billion).

The implementation of these measures will ensure the achievement of the environmental goals set out in the river basin management plans.

In recent years, a number of important Euro-integration legislative draft laws have been passed in Ukraine, and this work continues. Naturally, these are framework laws, which provide for the implementation of corresponding directives and require the development and adoption of additional sectoral laws, bylaws, and the formation of the entire necessary regulatory framework in accordance with European standards. This applies to waste management policy, subsoil use policy, climate change issues, the water policy we previously discussed, and industrial pollution. In other words, literally all areas of activity of our ministry are directly related to Euro-integration and, to varying degrees, require deep reform.

In this context, it is important to understand that European integration for Ukrainian businesses presents an opportunity to create an environment for investments and to involve businesses in reconstruction based on qualitatively new EU standards and rules.

At the same time, special attention should be paid to the Ukraine Facility. One of the key events was the European Council’s decision on 1 February 2024, to provide Ukraine with EUR 50 billion during 2024–2027 under the Ukraine Facility programme. This financial assistance programme will help Ukraine implement its programme of European reforms and changes. The funds will be directed to both the public and private sectors of the economy, to finance budgetary expenditures and implement strategic projects.

– In your opinion, in which areas is progress better, and in which is it worse?

– The war, of course, has made its adjustments to these processes. Before the war, there were some plans, and now there are others. Some processes have slowed down in certain areas, while others, on the contrary, have accelerated. We have already fulfilled our obligations for the third quarter of this year within the framework of the Euro-integration processes and the Ukraine Facility programme. In particular, the Verkhovna Rada of Ukraine, in the second reading, approved the framework law “On Integrated Prevention and Control of Industrial Pollution” and the law “On the Basic Principles of State Climate Policy.”

We still have work ahead of us on implementing a greenhouse gas emissions trading system, continuing the digitalization of the forestry sector, inventorying forests, opening the market for sustainable subsoil use, and passing a number of sectoral waste management laws, with the assessment of damage from environmental destruction being a top priority.

UPCOMING PRIORITIES: DIGITALISATION OF ENVIRONMENTAL PROTECTION AND WASTE MANAGEMENT

– You mentioned the digitalization of environmental protection. How many digital tools have already been introduced, and which ones are planned to be launched in the near future?

– In my opinion, digitalization is the key tool for achieving transparency in environmental policy and combating corruption. Digitizing environmental data allows us to clearly observe and document this or that process. Our resources “EcoThreat” and “EcoSystem” have over 100,000 users. Currently, the “EcoSystem” platform offers 25 digital services for businesses in the environmental protection sphere. Seven of these services involve no intervention from specialized officials. For example, waste declarations or obtaining logging tickets. It is crucial for the environmental sector and the protection of valuable areas that the Natural Reserve Areas Cadastre becomes operational as soon as possible. In other words, the number of digital products will continue to increase.

– Last year, Ukraine launched a large-scale reform of the waste management system. Can you tell us what has been done over this year? What funds does this reform require?

– Waste management is one of the key points in our European integration process. The approach to this issue has changed with the adoption of the framework law “On Waste Management.” We have already initiated and enshrined in the regulations the main approaches and principles of extended producer responsibility. We are now working on the development and adoption of several sectoral laws in this area. Draft laws on the management of demolition waste, the mining industry, electronic equipment, packaging, and more have been developed and, I hope, will be considered in the near future.

This is an extremely expensive reform, costing billions of dollars. But we must start with small steps that will later yield huge returns.

– What economic impact is expected from this reform in the complex?

– This is a promising area for business development. Profitability can vary widely and depends on many factors: the scope and diversification of services provided, timely payment for services and tariff adjustments, the implementation of separate household waste collection, the state of the national economy, prices in the secondary materials market, and more. Of course, this market is regulated, but with effective and motivated management, profitability can reach around 20%.

– Can we expect investors, including foreign ones, to enter the domestic waste management market? What needs to be done to attract businesses?

– I believe that each region should have its own waste management plan, including calculations for recycling resources, logistics, locations for plants, sorting lines, and everything else. This all needs to be clearly outlined. We are working on this, and our partners see potential in it. Currently, there is significant interest from foreign investors in waste-to-energy projects. This is also one of our top priorities.

– In July, Parliament adopted the law “On Integrated Prevention and Control of Industrial Pollution.” Can you tell us what it changes for Ukrainian businesses? How much time will companies have to transition? And how much will environmental modernization cost them?

– Businesses were very concerned about this reform, but without it, we won’t be able to move forward either in the European integration process or in improving the state of the environment. The industrial pollution reform is one of the key components in achieving this goal.

Of course, some regulations will be delayed because we understand that reforms should not lead to the closure of businesses or weaken the economy. Instead, they should serve as a tool to strengthen the real sector and attract new investments for modernization.

We understand that switching to new purification systems is expensive, but here we also have the support of international partners. There are already grants available for implementing the best available technologies for the environmental modernization of enterprises. We have agreements with several countries as part of the implementation of the Paris Climate Agreement, which includes special market and non-market mechanisms for attracting investments to reduce greenhouse gas emissions. Ukraine also has partial access to environmental and climate funds that operate globally.

FORESTRY: WAYS TO INCREASE PROFITABILITY

– Regarding the forestry reform. When the reorganisation process in the industry began, several experts called it inappropriate during wartime, particularly due to the loss of revenue for local budgets. Have these concerns been justified? What results have we seen from the transition to the new forest management strategy?

– Speaking purely about the financial results of the reform, we see that in the first year of operation of the State Enterprise “Forests of Ukraine,” the amount of taxes and fees paid to the consolidated budget of Ukraine increased from UAH 9.4 billion in 2022 to UAH 10.5 billion in 2023. Profits and profitability have also increased.

At the same time, the reform is ongoing. It is now very important to focus on conducting a full inventory of forests to understand, so to speak, the “fate” of every tree grown and cut down. We must continue the implementation of already introduced digital services – logging tickets and e-certificates of wood origin. Further active work is needed on forest restoration, the creation of seed centers, tree planting, preservation of self-sown forests, improvement of the fire-fighting system, and the procurement of modern equipment.

– How does this programme align with the presidential initiative “Green Country” on planting 1 billion trees? According to official reports, this spring the presidential programme has been implemented by more than 60%. What efforts are being made by the ministry in this regard?

– Indeed, President Volodymyr Zelenskyy’s “Green Country” programme is ongoing. As of today, over 608 million seedlings have been planted. After the full-scale invasion began, the programme also gained significance as a way to restore forests damaged by the war. This year, we plan to plant about 270 million seedlings, with nearly half, about 143 million, already planted in the spring. Anyone interested can follow the progress of the programme on the special website “Green Country” at zelenakraina.gov.ua.

Halyna Tybin, Kyiv

Photos by Volodymyr Tarasov