2022 will be a year of great environmental reform in Ukraine, – Anzhelika Livitska, Head of the Environmental Protection and Sustainable Development Practice at Asters

28/ 01/ 2022

Anzhelika Livitska. Head of the Environmental Protection and Sustainable Development Practice at Asters Angelica, you have 24 years of legal experience behind you. How did your career start and when did you join Asters? I started working when I was a second-year law student at Taras Shevchenko National University. I worked as an accountant in the Association of Law Students. At that time, I graduated from accounting courses, so they hired me. A year later I became the coordinator of the Pro bono Clinic at the university. Then there was an internship at the Ministry of Justice of Ukraine and work in the legal department of the Ministry of Agrarian Policy of Ukraine. When I think back to those times, I realize that I survived only because of my hard work, determination, and thirst for new knowledge. Juggling between a master’s program and full-time work was another challenge. Classes lasted until 13.50, and at 14.00 my workday began. I finished work at 22.00, plus spent an hour and a half on the way home, where I had a thesis waiting for me. I slept for three hours, but persevered and received a diploma with honors and the status of one of the best students. After finishing my master’s degree, together with my classmates, I went for an interview with the State Land Committee. It turned out that I was the only one who had experience in land law. I told where I worked before, what challenges I faced, then I received positive recommendations from colleagues and at the age of 20 began working in the State Land Committee. Then I went to study in Sweden, and I learned about such an opportunity by chance. A delegation from Sweden arrived at the State Land Committee, and a staff translator fell ill. They began to urgently look for someone who knows English. I studied at a school with in-depth study of English, and I am a guide-translator by specialization. So, I agree to help with translation. The meeting was focused on the discussion of legislation development and the recently adopted Land Code 2001. That was my time to shine! I not only translated the discussion but explained all the nuances of land law because it was my field. After the meeting, the Swedes told me about the opportunity to study abroad and how to apply for it. Having passed several stages of selection, I received a personal grant to study at the Royal Institute of Technology in Stockholm. When I returned from Sweden, I started work as a lawyer for an oil & gas holding company, and then won a tender to become a legal adviser to a World Bank project aimed at establishing a single registration system, which was implemented later and which we now use. After the project, I worked for an international law firm for more than 10 years and have been working for Asters as an energy and natural resources practice advisor for 3.5 years. Now my focus is on projects in the field of environmental protection and sustainable development. Analyzing my professional path, I can say that, on the one hand, I was lucky. I miraculously found myself in that place, at that time - I received job offers, met people who supported, inspired and opened new opportunities. But, on the other hand, I had the necessary knowledge, experience, fluent English, education, experience abroad, to take advantage of these opportunities. Some will say its luck, maybe. But I tend to think that luck is the result of hard work. Last year, you were appointed to head Asters Environmental Protection and Sustainable Development Practice. You are considered a strong expert in this field. Why did you decide to specialize in environmental law and how did you get the necessary expertise? I graduated from Taras Shevchenko National University and got a Ph.D. in the land, agricultural, environmental, and natural resource law, which is still considered the most difficult at the Faculty of Law. While studying for a masters degree, I already had experience working in the Ministry of Agrarian Policy of Ukraine, where I applied my theoretical knowledge in practice. My masters degree in Sweden is focused on a symbiosis of land, planning, real estate appraisal, and environment. Living in Sweden taught me a new perspective on the environment – people are just one part of the big world, so we need to respect its other components, not dictate our own rules. Respect and love for all living things is a rule of Swedish life that they have lived by for many years. Have you seen houses built around trees in Ukraine? The Swedes do not cut down trees but build buildings around them. Imagine, you enter the house and see inside a tree that has been growing there for many years. Its about respect, about the attitude to the world around you. Returning to the question of why I decided to specialize in environmental law, no matter how loud it may sound, I want to be part of large-scale projects that are changing our world for the better. I have over 20 years of experience in energy and natural resources, construction, and real estate, both in the public and private sectors, which I can offer to businesses, help them address issues related to ESG initiatives, environmental protection, and sustainable development. At Asters, we develop these areas and support a range of projects that we can be proud of. For example, construction of alternative energy facilities, waste recycling, including hazardous waste and radiation, consultations on the use of nature reserves, protection of water resources, environmental impact assessment. Why are the areas of environmental protection and sustainable development important for Asters? One wise man said, When there is not a drop of clean water left on earth, you will realize that all your expensive cars and jewelry are worthless. Protection & development resonate with Asters values. We consider the practice of environmental protection and sustainable development – not just as a business direction, but as a certain psychological choice that reflects the maturity of the company. With what problems does business come to you? How is addressing environmental and sustainable legal issues different from others? We receive business inquiries in the following areas: potential administrative and criminal liability for violation of environmental law interaction with the environmental inspection issues of strategic environmental assessment and environmental impact assessment Violation of environmental law is the highest level of liability, including criminal, and the risk of termination of the business. Usually, the legal problem in this area is solved with the involvement of a specialist in environmental issues. In your opinion, will Ukraine be able to fulfill its international obligations to reduce greenhouse gas emissions? What do you need for this? How can business help? Ukraine will be able to fulfill its international obligations to reduce greenhouse gas emissions only by combining the efforts of business and the state. There is no way to do it alone. The working group of the EBA Industrial Environment and Sustainable Development Committee tries to explain to the state the need for dialogue and joint strategy with business, as well as the importance of financing part of the costs associated with such reductions. Surprisingly, the state is trying to shift all responsibility for reducing greenhouse gas emissions to business. Such actions can kill small and medium-sized businesses. It was not business that undertook to reduce emissions, but the state. Why then does the entire burden of this responsibility fall on business? Achievements or failures in national environmental policy over the past 30 years – what prevails? Unfortunately, I think the failures prevail. The bald Carpathians, the Zhytomyr region mutilated by amber seekers, the green Dnipro are all about failures. The Law of Ukraine On Basic Principles (Strategy) of the State Environmental Policy of Ukraine 2030 was adopted just in 2019. Until then, Ukraine did not have an environmental stance, and environmental problems, except for Chernobyl, were mostly ignored. Honestly, the realization that we are one step closer to a total environmental crisis in society took place in the days when beautiful Lviv was littered with garbage, and my favorite Kyiv after heavy rains sank in the mud. Only then did the rulers come to realize that the problem must be solved. The formation of a comprehensive policy took place under the pressure of 3 factors: the need to adapt Ukrainian legislation to EU legislation global climate change that could no longer be ignored the number of environmental problems in Ukraine that could no longer be ignored The main goal of the new environmental policy is to achieve a good state of the environment by introducing an ecosystem approach to all areas of socio-economic development of Ukraine. To achieve it, one must: instill in society ecological values and principles of sustainable consumption ensure sustainable development of natural resource potential ensure the integration of environmental policy in the decision-making on the socio-economic development of Ukraine reduce environmental risks improve and develop the state system of environmental management The state plans to form a new policy to reduce the use of natural resources and increase the level of control over their use, decarbonization, the creation of a new industrial green policy. What environmental reforms do you expect this year? How will they help improve the environmental situation in Ukraine? Personally, I call 2022 the year of great environmental reform in Ukraine. What changes will be there? That’s what I predict: new waste management system change in the regulation of environmental control and environmental inspection legalization of the Emerald Network on the territory of Ukraine changes in environmental insurance changes in the issuance of environmental impact assessment new regulation of industrial pollution and industrial waste management a new environmental taxation is already in place trade in greenhouse gas emission allowances If you ask me which area will be not affected by environmental reform, I will openly answer that there is no such area. Everything will be different from now. The essence of a major environmental reform will be: introducing (adapting) EU environmental legislation in Ukraine more balanced use of natural resources increasing the level of control over the use of natural resources increasing the level of responsibility for environmental offenses (administrative fines will be very significant and more severe criminal liability will be conducted) creating a green industrial policy reforming the environmental inspection increasing the environmental tax Businesses (especially mining, processing, industrial) have already responded to these novelties and are forming new domestic policies for the use of natural resources, updating the production base, implementing new environmental and social programs. What books would you recommend to those who want to learn more about environmental issues, sustainable development? These are not books. These are real stories of real people. Unfortunately, movies about them are not made in Hollywood and their names are not as well-known as the names of popular bloggers, but it is a pity. The stories of these people have impressed me forever. This is not about standards, calculations, rules, and regulations. Its about the ability to love the world we live in. Real outstanding stories about: Majuli Island on the Brahmaputra River and Jadav Payeng, the man who saved it Joseph Hooker and his Peak Green. I advise you to look at the photo, and if necessary — to visit the place in person Sir Bani Yas Island in the UAE fabulous Brendon Grimshaw and his own island in Seychelles Little people with big hearts. Further professional development comes from that. From true love for this world, for all living things, the realization that we (humans) are just a small puzzle of the vast world of nature.

Anzhelika Livitska

Head of the Environmental Protection and Sustainable Development Practice at Asters

Angelica, you have 24 years of legal experience behind you. How did your career start and when did you join Asters?

I started working when I was a second-year law student at Taras Shevchenko National University. I worked as an accountant in the Association of Law Students. At that time, I graduated from accounting courses, so they hired me. A year later I became the coordinator of the Pro bono Clinic at the university.

Then there was an internship at the Ministry of Justice of Ukraine and work in the legal department of the Ministry of Agrarian Policy of Ukraine. When I think back to those times, I realize that I survived only because of my hard work, determination, and thirst for new knowledge. Juggling between a master’s program and full-time work was another challenge. Classes lasted until 13.50, and at 14.00 my workday began. I finished work at 22.00, plus spent an hour and a half on the way home, where I had a thesis waiting for me. I slept for three hours, but persevered and received a diploma with honors and the status of one of the best students.

After finishing my master’s degree, together with my classmates, I went for an interview with the State Land Committee. It turned out that I was the only one who had experience in land law. I told where I worked before, what challenges I faced, then I received positive recommendations from colleagues and at the age of 20 began working in the State Land Committee.

Then I went to study in Sweden, and I learned about such an opportunity by chance. A delegation from Sweden arrived at the State Land Committee, and a staff translator fell ill. They began to urgently look for someone who knows English. I studied at a school with in-depth study of English, and I am a guide-translator by specialization. So, I agree to help with translation. The meeting was focused on the discussion of legislation development and the recently adopted Land Code 2001. That was my time to shine! I not only translated the discussion but explained all the nuances of land law because it was my field. After the meeting, the Swedes told me about the opportunity to study abroad and how to apply for it. Having passed several stages of selection, I received a personal grant to study at the Royal Institute of Technology in Stockholm.

When I returned from Sweden, I started work as a lawyer for an oil & gas holding company, and then won a tender to become a legal adviser to a World Bank project aimed at establishing a single registration system, which was implemented later and which we now use. After the project, I worked for an international law firm for more than 10 years and have been working for Asters as an energy and natural resources practice advisor for 3.5 years. Now my focus is on projects in the field of environmental protection and sustainable development.

Analyzing my professional path, I can say that, on the one hand, I was lucky. I miraculously found myself “in that place, at that time” – I received job offers, met people who supported, inspired and opened new opportunities. But, on the other hand, I had the necessary knowledge, experience, fluent English, education, experience abroad, to take advantage of these opportunities. Some will say it’s luck, maybe. But I tend to think that luck is the result of hard work.

Last year, you were appointed to head Asters Environmental Protection and Sustainable Development Practice. You are considered a strong expert in this field. Why did you decide to specialize in environmental law and how did you get the necessary expertise?

I graduated from Taras Shevchenko National University and got a Ph.D. in the land, agricultural, environmental, and natural resource law, which is still considered the most difficult at the Faculty of Law. While studying for a master’s degree, I already had experience working in the Ministry of Agrarian Policy of Ukraine, where I applied my theoretical knowledge in practice.

My master’s degree in Sweden is focused on a symbiosis of land, planning, real estate appraisal, and environment. Living in Sweden taught me a new perspective on the environment – people are just one part of the big world, so we need to respect its other components, not dictate our own rules. Respect and love for all living things is a rule of Swedish life that they have lived by for many years. Have you seen houses built around trees in Ukraine? The Swedes do not cut down trees but build buildings around them. Imagine, you enter the house and see inside a tree that has been growing there for many years. It’s about respect, about the attitude to the world around you.

Returning to the question of why I decided to specialize in environmental law, no matter how loud it may sound, I want to be part of large-scale projects that are changing our world for the better. I have over 20 years of experience in energy and natural resources, construction, and real estate, both in the public and private sectors, which I can offer to businesses, help them address issues related to ESG initiatives, environmental protection, and sustainable development.

At Asters, we develop these areas and support a range of projects that we can be proud of. For example, construction of alternative energy facilities, waste recycling, including hazardous waste and radiation, consultations on the use of nature reserves, protection of water resources, environmental impact assessment.

Why are the areas of environmental protection and sustainable development important for Asters?

One wise man said, “When there is not a drop of clean water left on earth, you will realize that all your expensive cars and jewelry are worthless.” Protection & development resonate with Asters’ values. We consider the practice of environmental protection and sustainable development – not just as a business direction, but as a certain psychological choice that reflects the maturity of the company.

With what problems does business come to you? How is addressing environmental and sustainable legal issues different from others?

We receive business inquiries in the following areas:

potential administrative and criminal liability for violation of environmental law
interaction with the environmental inspection
issues of strategic environmental assessment and environmental impact assessment

Violation of environmental law is the highest level of liability, including criminal, and the risk of termination of the business. Usually, the legal problem in this area is solved with the involvement of a specialist in environmental issues.

In your opinion, will Ukraine be able to fulfill its international obligations to reduce greenhouse gas emissions? What do you need for this? How can business help?

Ukraine will be able to fulfill its international obligations to reduce greenhouse gas emissions only by combining the efforts of business and the state. There is no way to do it alone.

The working group of the EBA Industrial Environment and Sustainable Development Committee tries to explain to the state the need for dialogue and joint strategy with business, as well as the importance of financing part of the costs associated with such reductions.

Surprisingly, the state is trying to shift all responsibility for reducing greenhouse gas emissions to business. Such actions can kill small and medium-sized businesses. It was not business that undertook to reduce emissions, but the state. Why then does the entire burden of this responsibility fall on business?

Achievements or failures in national environmental policy over the past 30 years – what prevails?

Unfortunately, I think the failures prevail. The bald Carpathians, the Zhytomyr region mutilated by amber seekers, the green Dnipro are all about failures.

The Law of Ukraine “On Basic Principles (Strategy) of the State Environmental Policy of Ukraine 2030” was adopted just in 2019. Until then, Ukraine did not have an environmental stance, and environmental problems, except for Chernobyl, were mostly ignored.

Honestly, the realization that we are one step closer to a total environmental crisis in society took place in the days when beautiful Lviv was littered with garbage, and my favorite Kyiv after heavy rains sank in the mud. Only then did the rulers come to realize that the problem must be solved.

The formation of a comprehensive policy took place under the pressure of 3 factors:

the need to adapt Ukrainian legislation to EU legislation
global climate change that could no longer be ignored
the number of environmental problems in Ukraine that could no longer be ignored

The main goal of the new environmental policy is to achieve a good state of the environment by introducing an ecosystem approach to all areas of socio-economic development of Ukraine. To achieve it, one must:

instill in society ecological values and principles of sustainable consumption
ensure sustainable development of natural resource potential
ensure the integration of environmental policy in the decision-making on the socio-economic development of Ukraine
reduce environmental risks
improve and develop the state system of environmental management

The state plans to form a new policy to reduce the use of natural resources and increase the level of control over their use, decarbonization, the creation of a new industrial green policy.

What environmental reforms do you expect this year? How will they help improve the environmental situation in Ukraine?

Personally, I call 2022 the year of great environmental reform in Ukraine. What changes will be there? That’s what I predict:

new waste management system
change in the regulation of environmental control and environmental inspection
“legalization of the Emerald Network” on the territory of Ukraine
changes in environmental insurance
changes in the issuance of environmental impact assessment
new regulation of industrial pollution and industrial waste management
a new “environmental taxation” is already in place
trade in greenhouse gas emission allowances

If you ask me which area will be not affected by environmental reform, I will openly answer that there is no such area. Everything will be different from now.

The essence of a major environmental reform will be:

introducing (adapting) EU environmental legislation in Ukraine
more balanced use of natural resources
increasing the level of control over the use of natural resources
increasing the level of responsibility for environmental offenses (administrative fines will be very significant and more severe criminal liability will be conducted)
creating a green industrial policy
reforming the environmental inspection
increasing the environmental tax

Businesses (especially mining, processing, industrial) have already responded to these novelties and are forming new domestic policies for the use of natural resources, updating the production base, implementing new environmental and social programs.

What books would you recommend to those who want to learn more about environmental issues, sustainable development?

These are not books. These are real stories of real people. Unfortunately, movies about them are not made in Hollywood and their names are not as well-known as the names of popular bloggers, but it is a pity.

The stories of these people have impressed me forever. This is not about standards, calculations, rules, and regulations. It’s about the ability to love the world we live in.

Real outstanding stories about:

Majuli Island on the Brahmaputra River and Jadav Payeng, the man who saved it
Joseph Hooker and his Peak Green. I advise you to look at the photo, and if necessary — to visit the place in person
Sir Bani Yas Island in the UAE
fabulous Brendon Grimshaw and his own island in Seychelles

Little people with big hearts. Further professional development comes from that. From true love for this world, for all living things, the realization that we (humans) are just a small puzzle of the vast world of nature.