On 11 October 2022, Resolution No.1121 of the Cabinet of Ministers of Ukraine dated 30 September 2022 entered into force, according to which the Criteria for determining planned activities that are not subject to environmental impact assessment were changed.

According to the changes, planned activities aimed at the restoration of the population's vital facilities and certain infrastructure facilities that were destroyed or damaged as a result of Russia's military aggression have been added to the list.

Therefore, currently, the following activities are not subject to the environmental impact assessment:

• construction of military and defence facilities, which are used exclusively to ensure the defence of the state and which are subject to the requirements of the legislation on state secrets
• restoration of individual constructions of buildings and structures in order to eliminate the consequences of emergency situations and restore the functioning of facilities designed to ensure the livelihood of the population, without changing their geometric dimensions
• restoration for the purpose of bringing into working condition facilities damaged or destroyed as a result of russia's military aggression and hostilities (from the beginning and during the period of martial law), intended for the daily life of the population (facilities that provide: gas supply, electricity supply, transportation and supply of thermal energy, centralized water supply; centralized drainage), through their current or capital repair, reconstruction (without increasing the class of consequences of the facility and within the boundaries of previously allocated land plots, without changing the geometric dimensions of the facility)
• restoration of facilities provided for in para. 3-7 clause 7 Article 3 (ІІ) of the Law of Ukraine "On environmental impact assessment" (motorways, first-category highways, trunk railway lines of public use, separately defined public highways of state and local importance, hydrotechnical structures of sea and river ports that can accommodate ships with a tonnage of over 1,350 tons), and other railway tracks and structures damaged or destroyed as a result of russia's military aggression since the beginning and during the period of martial law, through new construction, reconstruction, capital repair without raising the class of consequences (responsibility) of construction objects

For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.