Issues in the legal framework for the development of renewable energy in the Carpathian region

Abstract

The article is devoted to the study of current issues in the legal framework for the development of renewable energy in the Carpathian region of Ukraine in the context of the integration process of Ukraine to the European Union, energy transformation. The relevance of the topic is determined the consequences of the Russian Federation’s armed aggression against Ukraine, the significant destruction of energy infrastructure, and the need to establish a resilient and decentralized energy system focused on the use of renewable energy sources. Particular attention is paid to the Carpathian region as a territory that combines considerable potential for the development of wind and small hydropower energy with significant environmental, recreational, historical, and cultural value. The article analyzes the current state of legal regulation of renewable energy development in Ukraine, particularly in the context of implementing European Union law, including legislation on strategic environmental assessment and environmental impact assessment. The study examines the challenges associated with the practical application of strategic environmental assessment and environmental impact assessment procedures in the implementation of wind energy projects in the Carpathian region. Special attention is devoted to the judicial practice of Ukraine and the Court of Justice of the European Union concerning the balance between the development of “green” energy and the protection of natural ecosystems. The authors substantiates that renewable energy development in the Carpathians should be based on the principles of sustainable development, taking into account the ecosystem value of mountain territories, the need to protect biodiversity, cultural landscapes, peatlands, virgin forests, and protected natural areas. The article emphasizes the necessity of improving national legislation by strengthening the requirements for strategic environmental assessment and environmental impact assessment procedures, introducing a specialized spatial planning regime for the Carpathian region, and ensuring effective public participation in decision-making processes. It is concluded that the development of renewable energy in the Carpathian region is justified only if environmental risks inherent to mountainous areas are duly considered.