Draft
APPROVED:
Minister of Ecology and
Natural Resources of Ukraine

________________ М. V. Zlochevskyi

Procedure of public involvement in discussion of decision-making issues
which could affect the environmental state

GENERAL PROVISIONS
1. This Procedure defines main requirements for organizing public participation in a process of decision-making issues relates to environment (hereinafter referred to as public participation) in order to implement public rights to participate in a decision-making process and consider public opinion when making decisions on environmental matters.
2. This Procedure shall apply to relations in the scope of implementation of public rights to participate in decision-making process as regards environmental matters. Securing principles of transparency and public opinion consideration during law-making of Verkhovna Rada of Ukraine shall be defined by the laws about organization of activity of Verkhovna Rada of Ukraine.
3. Terms mentioned here below shall bear the following meaning:
– public – a natural or legal entity or entities, its associations, organizations or groups acting pursuant to valid laws;
– public discussion – a procedure aimed to discover and consider public opinion when making decisions on environmental matters;
– public (open) consultations – a form of public discussion when making decisions on environmental matters;
– genetically modified organism – when used in this Procedure shall mean as it is defined by the Ukrainian Act "About national biosafety system when creating, testing, transporting and using genetically modified organisms";
– decisions on environmental matters:
– a normative legal act, adopted by authorized body, which is in whole or certain provisions of which are aimed to legal regulation of relations related to environmental impact;
– other official written document adopted by authorized body which establishes, alters or cancels provisions of law, is repeatedly used and as regards persons at large and which is in whole or certain provisions of which are aimed to legal regulation of relations related to environmental impact, notwithstanding this document is deemed a normative legal act in compliance with the law governing relations in particular scope;
– a conclusion made by state environmental appraisal;
a decision on financing nature-protecting and resource saving measures at the expense of the Environmental Protection Fund and other categorical revenues obtained from the State Budget of Ukraine including ecologic (green investments);
territorial planning scheme of administrative-territorial entities, its separate parts; master plans of inhabited localities; detailed plans of territories; territories’ housing schemes; bridge construction justification for bridge construction objects allocation.

– an entity which makes decisions as regards environmental matters (hereinafter referred to as a decision-maker) – a state executive or local government authority empowered to adopt normative legal acts, decisions on financing nature protecting and resource saving measures at the expense of environmental protection funds, to approve conclusions made by of state environmental appraisal;
– a customer of the draft decision on environmental matters (hereinafter referred to as the draft decision customer) – a person which files a request about making decisions on environmental matters;
– a person empowered to arrange a procedure of public consultations (hereinafter referred to as public discussion manager) – a person empowered by the law or upon instructions of decision-maker to provide arrangement of public consultations in the process of decision-making on environmental matters, and which is not such decision-maker.
5. Types of decisions on environmental matters, while making which public consultations are held:
– normative legal acts;
– interstate, state, regional, local and other territorial programs, action plans, strategies and other program documents;
– conclusions made by state environmental appraisal;
– decisions on financing nature protecting and resource saving measures at the expense of environmental protection funds;
– other decisions which when implemented may have great affect upon environment.
6. Procedure of public discussion should include the following:
	– public notification about beginning of the procedure of decision-making on environmental matters, and a possibility to participate in it;
	– securing public information access (including access to draft decision and documentation which form the ground for decision-making);
	– providing possibility for public to bring forward suggestions (notes), participate in public consultations and other forms of public discussion;
–	examination of brought forward notes and suggestions and its consideration;
–	public notification about consideration or rejection of brought forward notes and suggestions with reasoning the decision on rejection of public certain commentaries, notes and suggestions;
	– public notification about decision and possibility to access the decision on environmental matters, its reasoning.
7. Organization of public discussion and consideration of public opinion shall be ensured by decision-maker, and in cases stipulated by the law, by decision-maker and public discussion manager.
Public discussion manager may be state executive authority body, local government body, customer of draft decision developer and other entities which are empowered by the law or upon instructions to organize public discussion (or its certain stages) and securing public opinion consideration in the process of decision-making on environment.
	8. Persons making public discussion must ensure that the procedure of public discussion, preparation and preservation of materials for public opinion consideration are met.
9. Persons submitting draft decisions and other documents for discussion shall be liable for its authenticity (compliance of documentation submitted for decision-making) and also for observance of requirements of law, national rules and standards.
10. Decision-maker and public discussion manager may agree to involve into arrangement of public discussion or its separate stages (informing, public consultations arranging etc.) a public discussion coordinator, both on a paid basis.
Public discussion manager may be natural or legal entity with a relevant experience in the scope of environmental protection and arrangement of public participation.
When choosing a Manager one should be governed by the following criteria:
– experience in the scope of environmental protection and arrangement of public participation no less three years;
– statutory documents must provide for types of activity connected with environmental protection (for legal entities).
11. Liability for observance of public discussion procedure and requirements of the present Procedure shall be born by public discussion manager.
12. Public discussion manager shall bear liability before the person in whose behalf public discussion is organized under provisions stipulated by the agreement.
	13. Main forms of public discussion shall be bringing forward suggestions and notes (commenting) and public (open) consultations.
	Any other forms of public discussion (appearances in mass media, "round tables", conferences, involvement of public representatives to appraisal committees, making public ecologic appraisal) shall be deemed supplementary and may be held upon initiative of decision-makers or public alongside with main forms of public discussion. Supplementary forms of public participation may not substitute main forms defined in the part 1 of this paragraph.
14. When making decisions stipulated by the Paragraph 5 hereof, decision-maker or discussion manager are obliged to provide adequate, timely and efficient information support of public as the case may be, or via open notification, or on an individual basis at the opening stage of the procedure of decision-making on environmental matters, including but not limited to:
– suggested type of activity and application a decision to be made;
- draft decision customer;
– nature of prospect decisions or draft decision;
– decision-maker;
– stipulated procedure including how and when such information may be provided (if not informed promptly), in particular, related to the following:
– beginning of the procedure;
– possibilities for public to participate;
– time and place of any planned public (open) consultations;
– a state body where relevant information may be provided, and where such information was submitted for public to examine;
– a relevant state body or any other officially empowered body which could accept suggestion, notes or commentaries, and about terms of suggestions, notes or commentaries bringing forward;
– actual ecologic information related to the suggested type of activity;
– coverage of this type of activity by national or cross-border procedure for assessment of environmental impact.
15. Notice shall be made public in a manner which guarantees information delivery to the inhabitants of relevant administrative-territorial entity or relevant territorial community which is or may be affected through implementation of decision or activity, and other persons concerned.
When defining printed media where notices are to be published:
– preference is given to official printed media;
– compliance of environmental potential impact area is secured by implementing decision on printed media distribution.
Internet-messages are placed on the advertising panels and official web-pages of the decision-maker throughout the whole period once public discussion is announced and till it is ended.
Bringing forward suggestions and notes (commenting)
16. During public discussion the public may bring forward only suggestions and notes (information, analysis or reckoning etc.) which it supposes concern draft decision and the activity planned.
17. Suggestions and notes are brought forward within a term defined by the public discussion procedure, notwithstanding public (open) consultations or other forms of public discussion are conducted.
	18. Suggestions and notes may be brought forward in writing, sent at e-mail and expressed orally, provided surname, name, patronymic and address of a person bringing forward suggestions (notes) is indicated.
	All suggestions and notes brought forward in written, electronic or oral forms (including those informed by the phone) shall be registered, provided surname, name, patronymic and address of a person bringing forward suggestions (notes) is indicated.
In case suggestions (notes) were sent at e-mail of the person bringing forward suggestions (notes), a confirmation of e-mail receipt shall be sent.
	Legal entities shall bring forward suggestions and notes in written or electronic forms indicating its name and registered address.
	 Anonymous suggestions shall not be registered and examined.
	19. Public disclosure of draft decision or statement (notice) about intentions to implement activity aiming to receive suggestions and notes shall not eliminate possibility of public consultations and any other forms of public discussion.
Public (open) consultations
20. Public consultations are obligatory in the process of decision-making as regards implementing types of activity and objects which constitute increased ecologic danger and also in other cases established by the law.
Upon initiative of decision-maker or public discussion manager public consultations may be held in the process of public discussion of any other decision related to environment.
Few public (open) consultations may be held in the process of public discussion.
21. Place and time of public consultations shall be defined depending on type of decisions and documentation submitted for discussion, considering possibilities of securing presence of all potential participants.
22. Public consultations may be participated by:
– full-aged physical persons residing on the territory which is impacted by decision or activities as regards which documentation is developed;
– legal entities located on the territory which is impacted by decision or activities as regards which documentation is developed, acting by its duly authorized representatives;
– owners and users of land plots located on the territory w which is impacted by decision or activities as regards which documentation is developed;
– non-governmental organizations representatives;
– representatives of public self-organization bodies which activity covers relevant territory which is impacted by decision or activities as regards which documentation is developed;
– customers and developers of draft decision or documentation;
– officials of Verkhovna Rada of Autonomous Republic of Crimea or local government body of relevant territory which is impacted by decision or activities as regards which documentation is developed;
– people’s deputies of Ukraine, deputies of relevant councils.
To provide explanations the experts in matters examined at the consultations may be invited.
To provide explanations, answers to the questions as regards draft decision or plan activities representatives of the draft decision customer or decision-making body must be present at public consultations.
23. Decision-maker or public discussion manager in charge of public consultations shall appoint date and place of public consultations and also secure public notification about it no later 15 days prior the date of public consultations through mass media (radio, TV, press, Internet, special editions), sending such information to potential participants of consultations by surface or electronic mail, posting announcements in public places, information centres, informing through representative, consultative and advisory agencies.
24. Notices (announcements) about public consultations shall be made public in a manner which guarantees information delivery to the inhabitants of relevant administrative-territorial entity or relevant territorial community and other persons concerned.
Notices published in printed media, as defined by the decision-maker, and posted on the official web-page of decision-maker in the Internet.
When defining printed media where notices (announcements) are to be published:
– preference is given to official printed media;
– compliance of environmental potential impact area is secured by implementing decision on printed media distribution.
Notices (announcements) are placed on the advertising panels and official web-pages of the decision-maker throughout the whole period once public discussion is announced and till it is ended.
25. A notice about public consultations must contain the following information:
– expected procedure, place, date and time of its conducting, draft decision customer;
– brief content of draft decision, concepts, strategy, program, local action plan, normative legal act or statement made by draft decision customer as regards intentions to allocation, construction, reconstruction of object or performance of other activity which has or may have negative impact on environment;
– decision-maker; address for learning relevant documentation and additional information, asking questions and sending suggestions and notes as regards planned examination of the matter;
– terms of suggestions and notes bringing forward.
26. Public consultations are chaired by the authorized representative of decision-maker or public discussion manager. Among duties performed by the chairman of public consultations are the following:
– securing registration of consultations participants (with a signature of each participant in the (sheet) registration journal);
– announcing agenda and suggestions as regards rules of consultations;
– information support as regards the minutes, providing oral and written suggestions (notes);
– providing developers with possibilities to outline main principles of decision and documentation to be discussed, as well as problematic matters which worth public attention;
– providing public representatives with possibility to ask questions and express opinions;
– securing public discussion and bring forward suggestions and notes observing the rules;
– Summing-up public consultations and notifying consultations participants about procedure of public suggestions (notes) considering.
27. Public consultations shall begin with the report of consultations manager or draft decision or documentation customer (developer). This report must cover the following matters:
– contents of draft decision as regards activities planned (or normative legal act);
– potential negative impact on environment (or necessity of considering draft of normative legal act);
– measures for prevention and/or reduction of such impact;
– contents of public suggestions and notes received prior public consultations;
– other data concerning draft decision.
28. During public consultations the public is given a possibility to express orally and in writing its opinions, notes, suggestions as regards matters submitted for examination.
29. All participants of consultations are provided with equal conditions to express their opinions and bring forward suggestions and notes.
30. Course of public consultations is subject to registering with the use of stenographic or audiovisual means.
31. Persons organizing public consultations are obliged to provide answers to the questions asked by public orally during public consultations, entering them to the minutes or preparing in writing afterwards.
32. Course and results of public consultations shall be drawn in the minutes which are signed by the chairman and the secretary elected by the participants for the time of public consultations.
33. Suggestions and notes brought forward during public consultations shall be registered in the minutes of public consultations.
34. In case there are no public suggestions and notes or in case public participants fail to arrive at public consultations a relevant act shall be prepared.
35. Public consultations shall not eliminate a possibility of bringing forward suggestions and notes in compliance with Paragraphs 16-19 hereof within the whole period set for public discussion.
Public consultations results treatment
36. All notes and suggestions received during established period are subject to obligatory examination by decision-maker and in cases stipulated by the law by public discussion manager.
By the results of such examination the mentioned persons shall fully or partly consider received notes and suggestions or reject them on a reasonable basis.
37. Materials on public opinion consideration must contain information about announcement (confirmation of placing in mass media, on advertising panels, sending individual messages etc.), list of materials submitted to public examination, received suggestions (notes) and data about its consideration or reasons for its rejection (partial rejection), and in case there are no suggestions and notes – act about its absence.
Notification about decision made and possibility of access to decision and its reasoning
	38. Normative legal acts are made public in compliance with requirements established by the law.
39. Conclusions of state environmental appraisal are made public by its publishing in printed media of the body which approved the conclusion (if any) and/or by posting it on the official website of relevant body.
40. Upon written request public may be given stenograms, audio-, video records of public consultations, full text of decision made with reasoning and other materials related to public discussion.
41. Decision-maker shall provide storing of public discussion materials and documentation which was the ground for decision-making according to the procedure stipulated by the law for documents created during work of state and local authorities, other enterprises, institutions and organizations.
Features of public discussion procedure of regulatory draft acts
42. Draft decisions mentioned in the subparagraphs 1, 2 of Paragraph 5 hereof shall be made public in order to obtain and consider public suggestions and notes.
43. The developer of draft decision shall notify public about disclosure of this draft decision in order to receive suggestions and notes.
Notice about disclosure of draft decision must contain the following:
– brief outline of draft decision contents;
– postal and electronic, if any, address of draft decision developer and other bodies which shall be sent suggestions and notes in compliance with the laws or upon the developer’s initiative;
– information about manner of draft decision disclosure (title of printed media and/or address of website in the Internet where draft decision is made available or posted, or information about other method of disclosure stipulated by Paragraph 49 hereof.
– information about period during which suggestions and notes are accepted from public;
– information about manner public should submit its suggestions and notes in.
44. Period of public discussion during which public notes and suggestions are accepted shall be established by draft decision developer and shall not be less 30 days and more 90 days from the date of draft decision disclosure.
45. Notice about draft decision disclosure in order to receive notes and suggestions and draft decision shall be made public by its publishing in printed media defined by this draft developer and/or by its placing on the official website of draft decision developer.
When defining printed media where notices and draft decision are to be published:
– preference is given to official printed media;
– compliance of environmental potential impact area is secured by implementing decision on printed media distribution.
If printed media are not distributed within administrative-territorial entity or locality and local executive authorities, territorial bodies of central executive authorities, local government agencies and officials do not have their official websites in the Internet, the notices about disclosure and draft decision may be made public in any other manner ensuring delivery of information to inhabitants of relevant administrative-territorial entity or relevant local community.
Local programs, action plans, strategies and other program documents shall be also posted on advertising panels of local authorities and local government agencies in other public places.
Notice about disclosure and draft decision shall be posted on advertising panels and official websites of decision-maker within the whole period once public discussion is announced and till it is ended.
46. Expenses related with disclosure of documents shall be covered at the expense of decision developers or bodies disclosing such documents.
47. Draft decision shall be made public no later five business days once the notice about this draft disclosure is made public.
48. All notes and suggestions related to draft decision received during established period are subject to obligatory examination by such draft developer. By the results of such examination draft decision developer shall fully or partly consider received notes and suggestions or reject them on a reasonable basis.
49. Disclosure of draft decision in order to receive notes and suggestions shall not eliminate a possibility of public consultations and any other form of public discussion draft.
Features of public discussion in the process of assessing environmental impact (EI) and preparing conclusions of state environmental appraisal
50. Public discussion in the process of decision-making regarding allocation, construction, reconstruction of object or performance of other activity which has or may have negative impact on environment shall be made within 2 main stages: stage of EI materials preparation and state environmental appraisal stage.
51. Public discussion is made in a form of commenting and public (open) consultations.
Public consultations at the stage of EI materials preparation shall be binding for types of activity and objects of increased ecologic danger.
Dimensions of discussion must be evaluated against dimensions of expected impact.
Few consultations may be held during public discussion.
52. At the stage of EI materials preparation a public discussion shall begin once the Declaration of intention is published, what must be made in compliance with requirement of valid laws.
Duration of public discussion (commenting and public consultations) at this stage shall not be less 30 days once the Declaration of intention is published.
Mandatory public consultations shall be held no earlier 15 days from the moment the public is given EI draft materials and other documentation for information and consideration as well as announcement of its conducting.
53. At the stage of state environmental appraisal a public discussion shall start once the body in charge of state environmental appraisal submits documentation and make public information (announcement) about state environmental appraisal.
54. In the process of state environmental appraisal public (open) consultations and open consultations may be held.
Public participation in the process of environmental appraisal may be also made by appearances in mass media, involvement of public representatives to the appraisal committees, public environmental appraisal groups etc.
Duration of discussion at this stage shall not be less 15 days once information about state environmental appraisal is published.
55. Publication of the Declaration of intention and information about state environmental appraisal shall be made in compliance with paragraphs 14, 15 hereof.
56. Public consultations shall be made in compliance with the requirements of paragraphs 21-36 hereof.
57. During public discussion a public discussion manager and agency in charge of approving relevant conclusions of state environmental appraisal which must secure a free of charge public access to any information related to the process of decision-making (the EI materials and other documentation), which is available at the moment of public discussion procedure implementation and as far as it arrives except for the exceptions applied to access to information.
	Such information must at least contain the following:
– description of industrial object, physical and technical specifications of the activity suggested including assessment of expected waste and emissions;
– description of most essential factors of environmental impact;
– description of measures intended to prevent and/or reduce impact, including emissions;
– popular resume of the above-mentioned;
– review of main alternatives examined by the declarant;
– other documentation stipulated by the law which is submitted to the body in charge of approving state environmental appraisal conclusions and which is available on the moment of public request.
Public access to information is secured by putting such information in the places accessible by the public on the territory which is covered by the impact produced by activity as regards which the documentation is prepared. Mentioned information may be placed for information in the offices of relevant local authorities and local government agencies, Aarhus centres and relevant local agencies in charge of approving state environmental appraisal conclusions, as well as in the Internet.
Public is given a possibility to make copies and extracts of the documentation presented and also to learn information according to place of its placement.
58. Materials on public opinion consideration in the process of EI and state environmental appraisal must contain the following:
– data about publication in mass media of the Declaration of intention and public discussion held;
– written and other documents of public requests;
– list of materials submitted by the EI customer and contractor for public to examine, list of questions, suggestions and notes of citizens, reasonable answers;
– blanket decisions about considered part of public suggestions (notes) and reasoning related to part not considered (in a tabular form with indication of suggestion and information about it consideration);
– public appraisal decision (if such was made).
59. Introduction of amendments to the EI materials by the results of public discussion shall be made by the customer and general designer. Motivation for any decision (note) not being considered shall be presented for the public.
Appeal of decisions and liability for failure to meet requirements of the Procedure
60. Decision on environmental matters can not be adopted or approved by the authorized body or its official if the draft decision or Declaration of intention regarding activity implementation were not made public.
61. If decision on environmental matters is subject to state registration at the justice agencies, in case of revealing any events of draft decision not being made public, the justice agency shall refuse to state registration of such decision on environmental matters, or no later 10 business days once such event was revealed it cancels a decision about state registration of such decision.
62. In case of violation of public consultations procedure such consultations may be declared failed by the decision-maker, higher management body or by the court according to procedure stipulated by the law.
63. Decisions on environmental matters adopted with violation of requirements hereof may be appealed and cancelled by the decision-maker, higher management body or by the court according to procedure stipulated by the law.
Cancellation of decision on environmental matters adopted with violation of requirements hereof shall be a ground for cancellation of any further decision adopted on the basis of or with consideration of the decision cancelled.
64. Persons in fault of violating this Procedure shall bear liability in compliance with valid laws.

APPROVED:

Deputy Minister							І. D. Makarenko

Department of legal policy 						D. V. Romenskyi

Board of appraisal, certification
and audit								О. М. Kartavtsev

Board of international cooperation					V. Yu. Pozharskyi

Board of public communication
and relations 								S. H. Syrovatka

Prepared by:
Board of public communication and relations
S. Ye. Aridova
Phone 206-3174