THE CONCEPT OF “POLLUTION” IN WATER LEGISLATION OF UKRAINE AND THE EU AND THE REQUIREMENTS OF POST-WAR ENVIRONMENTAL SECURITY

Abstract

The basic environmental and legal concepts of "pollution" (P) and "polluting substances" (PS) in Ukrainian and European water legislation, which relate to their water protection orientation and legal institutions for regulating the discharges of chemical substances are studied. The purpose of the article is to identify the main features of the legislative definitions of the terms PS and P, to find connection with general environmental concepts, to asses the possibilities of approximation to the relevant definitions of the EU legislation taking into account demands in after-war period. Found that the Ukrainian concept of PS in water legislation has a relative character, which requires special preliminary investigation to recognize the status of a chemical substance as polluting one. Such definition of PS hinder effective water legislative enforcement activity. Revealed that together with important conceptual differences from the EU legislation, Ukrainian water legislation until now based on long outdated ecological and political principles for regulating the discharge of PS. Stated that the harmonization of water legislation of Ukraine and the EU needs changes in the Ukrainian paradigm of water protection. The conditions and requirements of post-war recovery provide for the reform of regulation of industrial pollution. Such reform, together with the transition to European techniques, should take into account the risks of increasing the cross-border flow of wastewater, and increasing demand and limiting the supply of better quality of water. Conclusions were made that: the current Ukrainian concepts of PS and P need changes in the direction of creating separate meaningful definitions, need change in concept of P by expanding the spectrum of influence (risk) factors and indicating the harmful properties of substances.