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Peculiarities of teaching disciplines on environmental and legal topics during the martial law in Ukraine. - Eduweb, 2024, abril-junio,
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DOI: https://doi.org/10.46502/issn.1856-7576/2024.18.02.15
Cómo citar:
Kharytonova, T., Hryhorieva, K., Kanivets, L., Platonova, Y., & Karpinska, N. (2024). Peculiarities of teaching disciplines on environmental and legal topics
during the martial law in Ukraine. Revista Eduweb, 18(2), 209-221. https://doi.org/10.46502/issn.1856-7576/2024.18.02.15
Peculiarities of teaching disciplines on environmental and
legal topics during the martial law in Ukraine
Peculiaridades de la enseñanza de disciplinas sobre temas ambientales y
legales durante la ley marcial en Ucrania
Tetiana Kharytonova
https://orcid.org/0000-0002-7998-5089
Odesa Law Academy National University, Fontanskaya road, Odesa, Ukraine.
Khrystyna Hryhorieva
https://orcid.org/0000-0001-7659-2178
Odesa Law Academy National University, Fontanskaya road, Odesa, Ukraine.
Lyudmyla Kanivets
https://orcid.org/0000-0002-8866-4527
Odesa Law Academy National University, Fontanskaya road, Odesa, Ukraine.
Yevheniia Platonova
https://orcid.org/0000-0002-5688-7857
Odesa Law Academy National University, Fontanskaya road, Odesa, Ukraine.
Nataliia Karpinska
https://orcid.org/0000-0001-9658-3623
Pomeranian Higher School, Poland.
Recibido: 03/04/24
Aceptado: 01/06/24
Abstract
The article investigates the problems and prospects of teaching environmental legal disciplines under the
conditions of martial law in Ukraine. The purpose of the study is to examine the problems and prospects
of teaching environmental legal disciplines under the conditions of martial law in Ukraine. Research
methodology includes such methods as analysis method, comparative method, forecasting method, and
logical methods. Various approaches to the teaching of the above-mentioned disciplines in the conditions
of martial law were analyzed, and the degree of importance and interest in them was determined, which
allows us to state that all legal relations that make up the relevant subject of each of the studied legal
disciplines were negatively, and sometimes critically, affected in the conditions of martial law. Since
February 24, 2022 (since the introduction of martial law on the territory of Ukraine), most of the specified
legal relations have been significantly limited, and sometimes even blocked (for example, land and agrarian
ones). The existing situation required a quick reorientation in the teaching of relevant legal disciplines.
Conclusions are made regarding the development prospects of each discipline.
Keywords: agrarian law, alternative energy law, environmental law, natural resource law, land law.
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Resumen
El artículo investiga los problemas y perspectivas de la enseñanza de disciplinas jurídicas ambientales bajo
las condiciones de la ley marcial en Ucrania. El objetivo del estudio es examinar los problemas y
perspectivas de la enseñanza de disciplinas jurídicas ambientales bajo las condiciones de la ley marcial en
Ucrania. La metodología de investigación incluye métodos como el método de análisis, el método
comparativo, el método de pronóstico y los métodos lógicos. Se analizaron diversos enfoques de la
enseñanza de las disciplinas mencionadas en las condiciones de la ley marcial y se determinó el grado de
importancia e interés en las mismas, lo que permite afirmar que todas las relaciones jurídicas que
conforman la materia relevante de cada una de Las disciplinas jurídicas estudiadas se vieron afectadas
negativamente, y a veces de manera crítica, en las condiciones de la ley marcial. Desde el 24 de febrero
de 2022 (desde la introducción de la ley marcial en el territorio de Ucrania), la mayoría de las relaciones
legales especificadas se han limitado significativamente y, a veces, incluso se han bloqueado (por ejemplo,
las relacionadas con la tierra y las agrarias). La situación existente requería una rápida reorientación en la
enseñanza de las disciplinas jurídicas pertinentes. Se extraen conclusiones sobre las perspectivas de
desarrollo de cada disciplina.
Palabras clave: derecho agrario, derecho de energías alternativas, derecho ambiental, derecho de
recursos naturales, derecho de tierras.
Introduction
The threats require the development of new legal solutions and practical steps aimed at ensuring the
functioning of land, agrarian, ecological, natural resource, energy legal relations, and legal relations in the
field of alternative energy. The military aggression is a negative factor affecting all important areas of life
and health of the population of Ukraine. Thus, we are already seeing the terrible consequences of the
negative impact on water bodies, including the Black Sea ecosystem, which is a consequence of oil
pollution, organic pollution due to the destruction of the wastewater treatment system, and noise pollution
that injures marine fauna. Military actions lead to the destruction of forests, pollution of air, soil, and land,
disturbance of landscapes of territories and objects of the nature reserve fund, the condition of which is
critical, and destruction of objects of flora and fauna. The risks of emergencies of critical infrastructure
facilities and increased nuclear danger, etc., are increasing. Food security, as a state in which the
population has physical and economic access to a sufficient amount of safe food, which is an integral
component of Ukraine's national security, is also under great threat. All these problems are related to the
future life not only of the population of Ukraine but also, without exaggeration, of the whole world.
The introduction of martial law in Ukraine, in accordance with the decree of the President of Ukraine, dated
February 24, 2022, No. 64/2022, in connection with the military aggression of the Russian Federation (Law
2102-IX, 2022; Resolution 480, 2022) fundamentally changed the procedure for the implementation of the
above-mentioned legal relations in our country, which undoubtedly affects the relevant industries as well.
In view of this, the purpose of the study is to clarify the problematic issues and prospects of teaching
environmental legal disciplines in the conditions of martial law in Ukraine.
The object of the study is to the problems and prospects of studying environmental legal disciplines under
the conditions of martial law in Ukraine.
The tasks of the research are:
1. Analysis of land, agrarian, ecological, natural resource, energy legal relations, and legal relations in the
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field of alternative energy under martial law and their influence on the possibility of teaching
environmental legal disciplines under martial law in Ukraine.
2. Analysis of the current state of teaching environmental legal disciplines under martial law in Ukraine,
identifying the main problems faced by teachers and students during the study of these disciplines
during martial law, and studying the impact of martial law on the effectiveness and accessibility of the
educational process in the field of environmental law.
3. Development of proposals for improving the methods of teaching environmental legal disciplines,
increasing the interest of students and teachers in this educational process.
The teaching of environmental legal disciplines is critically important in wartime, as the training of
specialists in environmental law contributes to the solution of numerous challenges related to the
restoration and protection of the environment. Improving teaching methods and supporting the educational
process will help ensure the training of competent specialists who will be able to work effectively in the
conditions of post-war reconstruction of Ukraine. Among the problems is that the instability of the Internet
connection makes it difficult to conduct classes; lack of access to educational materials and technical
equipment reduces the effectiveness of the educational process. Teachers and students experience
constant stress and anxiety due to hostilities, which negatively affects concentration and motivation. Many
students and teachers are forced to move, which creates additional challenges for the organization of the
educational process.
Theoretical Framework or Literature Review
To study the problematic issues and perspectives of teaching environmental legal disciplines under martial
law in Ukraine, the works of the following scholars were studied:
In his work, Ilkiv (2023) analyzed the problems of implementing individual organizational and legal forms
of environmental security under martial law and the prospects for their improvement. Therefore, to ensure
the recovery of Ukraine in the context of socio-economic planning, which considers the climate goals of
the European Union, it is necessary to create a mechanism that contributes to the reduction of greenhouse
gas emissions and adaptation to climate change.
The research of Zarzhytskyi (2012) investigated the relevance of problems related to the legal support of
Ukraine's environmental policy, including methodological and legal measures, the genesis and mechanisms
of this policy, the priority directions of the state's environmental activities, and the legal regulation of
environmental quality as a strategic aspect of Ukraine's environmental policy. Legal forms and methods of
ensuring the quality of the environment were also studied.
Moreover, Zhadan (2023) noted that ensuring the rational use of natural resources is of great importance
in the implementation of regional environmental policy. This involves the creation of an interdisciplinary
scientific and practical institute, which has economic and ecological components in its composition. For a
long time, it was believed that the rational use of resources means their economic profitability in the field
of nature management. However, in research and policy, the understanding of this concept can vary
depending on the context and approach.
To add, Kirin (2023) analyzed the problems of urban environmental law. The industrial paradigm of
development has led to the depletion of natural resources, the destruction of ecosystems, and the
disruption of natural balance. Rejection of the main negative aspects of this model caused a creative search
by world leaders and scientists, which led to the formulation and consolidation of the concept of sustainable
development in UN documents.
What is more, Kostytskyi (2003) analyzed the theoretical provisions regarding the ecology of the transition
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period. Pavlov & Pavlova (2023) considered the problems of rational use of the socio-economic, ecological,
and energy potential of Ukraine and its regions in the conditions of martial law. Futher, Pyokhov, Pyokhova,
& Shevchuk (2018) considered the environmental crisis in Ukraine in the context of ensuring the
implementation of state environmental policy.
Kolomoiets, Galitsina, Sharaia, Kachuriner, & Danylenko (2021) claim that agriculture is a crucial sector of
the economy that requires ongoing legislative enhancement. Its significance stems from supplying the
population with food and delivering raw materials for industry.
Additionally, Semernya, Lyubynskyi, Fedorchuk, Rudnytska, & Semernya (2022) investigated
environmental security under martial law. Analyzing the results of polls about ecological danger in Ukraine
among ordinary citizens, it can be noted that the population understands the whole tragedy of the complex
situation and experiences the psychological consequences of war caused by the intervention of an
aggressor country that is an enemy of our sovereignty.
Problems of environmental safety law, 2016, are considered in the book of Krasnova & Kirina (2016). The
agrarian and land law of Ukraine through the modern paradigm and development prospects is analyzed in
the work of Hetman & Kurman (2012). Shemshuchenko (2023) investigated the organizational and legal
problems of ecological security of Ukraine under martial law.
Finally, Yakovyshyn & Tkach (2022) noted that the training of specialists of any profile should meet the
needs of the time and solve the urgent challenges of today. The boundaries of the educational programs
of the 101 "Ecology" specialty, considering their focus, make it possible to make changes to the educational
components to ensure the ecological safety of urban areas affected by military activity.
Methodology
Researching the problems and prospects of teaching environmental legal disciplines under the conditions
of martial law in Ukraine can use various research methods to obtain objective information and conclusions.
With the help of the analysis method, problematic issues from the review and analysis of scientific works,
articles, books, and legislative acts related to environmental legislation, education, and war in Ukraine were
investigated. Analysis of the problems and prospects of teaching legal disciplines related to environmental
issues in the conditions of martial law in Ukraine requires a structured approach to understanding the
impact of the ongoing conflict on education. This involves identifying key challenges, assessing current
teaching practices and making suggestions for improvement to improve the learning process and maintain
educational standards.
In particular, a comprehensive analysis of the existing literature was carried out regarding: the impact of
martial law on educational systems; previous cases of educational adaptation in conflict zones, best
practices of distance and crisis education, as well as the current state of legal and environmental education
in Ukraine. By systematically identifying problems, evaluating current practices, and studying innovative
solutions, the goal is to increase the sustainability and effectiveness of environmental and legal education
in conflict situations.
Logical methods of research may contribute to the understanding of the problems and prospects of
teaching environmental legal disciplines in the conditions of martial law in Ukraine. In particular, the main
terms and concepts related to the problem of teaching environmental legal disciplines in wartime are
defined. The teaching of legal disciplines on environmental and legal issues under martial law in Ukraine
faces unique challenges and opportunities. Logical methods of research can provide a structured framework
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for analyzing these issues and identifying viable solutions. Example:
Research Compilation: Collect studies on remote education during conflicts, impacts of war on student
performance, and case studies on environmental law education.
Critical Appraisal: Assess the methodologies and conclusions of these studies for reliability and applicability.
Synthesis: Create a summary of key findings and identify best practices and gaps in the current research.
By applying these logical methods of research, a thorough and structured analysis of the problems and
prospects of teaching legal disciplines on environmental and legal issues under martial law in Ukraine can
be conducted. This approach will help in identifying the specific challenges faced, evaluating the
effectiveness of current strategies, and proposing well-founded recommendations for improvement.
The forecasting method has become a useful method for determining the possible prospects of teaching
environmental legal disciplines in the conditions of martial law in Ukraine and identifying possible problems
that may arise in the future. The study of historical data and trends in the teaching of environmental legal
disciplines under the conditions of martial law in Ukraine made it possible to identify certain patterns and
predict possible future changes. The use of the forecasting method made it possible to gain a deeper
understanding of the possible prospects and problems of teaching environmental legal disciplines under
the conditions of martial law in Ukraine and to prepare appropriate strategies for overcoming challenges.
The application of the comparative research method can help in understanding the problems and prospects
of teaching environmental legal disciplines in the conditions of martial law in Ukraine. This include:
Literature review: Academic papers, reports, and articles on education in conflict zones.
Field reports: Documentation from NGOs, international organizations, and local authorities.
Identifying similarities and differences: Compare how each case addresses the challenges of teaching legal
disciplines during conflict.
Assessing effectiveness: Evaluate the effectiveness of different strategies and adaptations.
Contextual adaptation: Consider the specific cultural, economic, and political contexts that influence
education in each case.
In particular, thanks to this method, a comparative analysis of the methods of teaching environmental legal
disciplines in martial law conditions was carried out, which contributed to the identification of effective
approaches and strategies. The achievements and results of the teaching of environmental legal disciplines
were evaluated, which made it possible to draw conclusions about which approaches are the most
successful and implemented. The comparative method provided an opportunity to gain a unique insight
into what approaches might be most effective under martial law conditions in Ukraine and what challenges
might be unique to this context. The comparative research method provides a comprehensive framework
for analyzing the problems and prospects of teaching legal disciplines on environmental and legal issues
under martial law in Ukraine. By comparing with other conflict-affected regions and historical contexts,
valuable lessons and best practices can be identified and adapted to enhance the resilience and
effectiveness of Ukrainian legal education during these challenging times.
Results and Discussion
The methodology of teaching environmental legal disciplines should involve the use of several basic ideas.
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First, it is the use of an integrated approach. This is because any researched direction can have several
branches and constituent parts (take as an example the energy system, which has electricity, thermal
energy, fuel, and transport energy, and its components are coal, oil and gas, nuclear, hydropower, and
alternative energy). Each of the branches has its objective characteristics, but at the same time
demonstrates a close relationship with other parts. The improvement of the legislation should consider
both the need to unify the legal foundations of the functioning of a certain area and the need to specialize
in legal regulation.
Secondly, the development of the conceptual basis for the reform of legislation should consider such a
necessary condition as the minimization of the amount of public funds spent. Thirdly, a feature of the
disciplines of the ecological direction is the need to take into account the natural potential of Ukraine, since
most of the studied directions use natural resources or are natural resource activities.
Fourth, for the development of a well-founded conceptual improvement of legislation in this direction, it is
strategically important to permanently use the method of greening, which consists of considering ecological
requirements and the need to protect the natural environment when developing any legal mechanism.
Thus, despite the challenges of today, which the war dictates to our country, there are all prerequisites for
the continuation of pre-war reforms and the creation of new urgent norms, which are necessary for the
development of relations, the research of which is oriented to the legal disciplines of the environmental
direction.
For this purpose, it is proposed to consider land, agrarian, environmental, natural resource, energy legal
relations, and legal relations in the field of alternative energy under martial law in separate blocks within
the framework of the legal disciplines that cover them.
Land Law
The war also posed new challenges to the legislators regarding and ensuring the implementation of land
rights during martial law. So, starting from 24.02.2022, the work of the online resource – Public Cadastral
Map was stopped. In addition, it was forbidden to carry out any operations related to the sale of land plots,
and the possibility of receiving some services was limited (in particular, viewing information about a land
plot, obtaining information from the State Land Cadastre), which relates to the implementation of cyber-
attacks on relevant resources. the holder of which is the state. In addition, some territories of Ukraine
became temporarily occupied, so there was a need to legally regulate the status of such lands and land
plots.
The impetus for the possible partial de conservation of land legal relations was the adoption by the Cabinet
of Ministers of Ukraine of Resolution No. 480 dated 19.04.2022, according to which the sale/purchase of
immovable property and the execution of relevant alienation agreements with certain features were allowed
(Resolution 480, 2022). But only on 05/07/2022 the Cabinet of Ministers of Ukraine adopted Resolution
No. 564 (2022), which was finally brought into line with the requirements of the legislation. Since notaries
must obtain information from the state land cadastre to certify agreements with land plots, and before the
adoption of the beforementioned Resolution, as already noted above, this service was impossible.
Another important step in the regulation of land relations in conditions of war was the adoption the Law
of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Features of Regulation
of Land Relations in Conditions of Martial Law" (Law 2247-IX, 2022). This legislative act simplified the
leasing of state and communal land plots for the placement of production facilities of enterprises displaced
(evacuated) from the war zone, critical infrastructure facilities, and placement of facilities for the temporary
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stay of internally displaced persons.
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Restoration of
the System of Registration of Land Lease Rights for Agricultural Purposes and Improvement of Land
Protection Legislation" (Law 2698-IX, 2022) the procedure for conducting land auctions (trading) was
restored for the purpose of transferring land plots for use.
During the first half of 2023, several laws were also adopted, among which the most comprehensive
regarding land legal relations is the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine
on Improving the Legal Regulation of Performing Notarial and Registration Acts When Acquiring Rights to
Land Plots" (Law 3065-IX, 2023), which regulates and clarifies many issues regarding the acquisition of
rights to land agricultural land.
After the end of martial law, many issues will be devoted to the restoration of lands and the elimination of
their clogging and pollution. There will also be many questions regarding the return of land plots to their
owners and compensation for damages caused by military actions.
Agrarian Law
The first thing that suffers in a state that is forced to conduct military operations is the food security of its
population. Currently, there is an urgent question regarding the formation of such legislation, which can
preserve the achieved level of agricultural production and protect the population of Ukraine and the world
from hunger. This is extremely relevant if we remember that Ukraine's contribution to the world food
market is equivalent to feeding about 400 million people, not considering the country's population.
In accordance with Goal 2 of the National Report "Sustainable Development Goals: Ukraine" (Ministry of
Economic Development and Trade of Ukraine, 2017) "Overcoming hunger, development of agriculture",
the said report states that "the agro-industrial complex of Ukraine is currently the leading link of the
national economy, which largely determines socio-economic development, forming 14% of gross value
added and more than 40% of the country's exports. Currently, the agricultural sector is almost the only
locomotive of the Ukrainian economy. Almost 90% of the food needs of the country's population (within
their purchasing power) are met by domestic products. The main problems of the development of the
agrarian sector of the economy are as follows:
1) reduction in the number of the population living in rural areas, in general, and employed in agricultural
production;
2) low level of labor productivity caused by worn-out production facilities, use of outdated technologies,
insufficiently developed rural infrastructure;
3) the instability of the competitive positions of domestic agricultural products on foreign markets due to
the incompleteness of the processes of adaptation to European requirements regarding the quality and
safety of food products, because of which the share of exports of food industry products is less than
the share of exports of agricultural raw materials;
4) lack of motivation among agricultural producers to comply with agro-ecological requirements;
5) lack of information of a significant part of agricultural producers about market conditions and business
conditions in the industry;
6) incompleteness of land reform" (Ministry of Economic Development and Trade of Ukraine, 2017).
To resolve the main pool of problems that arose because of the introduction of martial law in the field of
agrarian relations, the Verkhovna Rada adopted the Law of Ukraine "On Amendments to Certain Legislative
Acts of Ukraine Regarding the Creation of Conditions for Ensuring Food Security in the Conditions of Martial
Law". which changed the procedure for regulating land and agrarian legal relations in conditions of full-
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scale war (Law 2145-IX, 2022).
Thus, following this Law:
1) the term of validity of all types of land use, the term of which expired during the period of martial law,
has been automatically extended;
2) it is allowed to transfer land plots for commercial agricultural production for rent without conducting
land auctions;
3) land lease contracts are concluded only in electronic form and are not subject to registration under the
procedure established by law, instead, such contracts must be registered in special books, the form of
which is approved by the competent authorities;
4) it is allowed to sublease leased plots of land for agricultural production for sowing.
For the most part, the corresponding law was aimed at ensuring the 2022 seed company. The Law of
Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Restoration of the System
of Registration of Land Lease Rights for Agricultural Purposes and Improvement of Land Protection
Legislation" (Law 2698-IX, 2022) also regulated a temporary legal mechanism for registration of lease
rights to agricultural land plots without entering information about the specified right into the State Land
Cadastre and the State Register of Property Rights on immovable property with the registration of the
specified rights by district military administrations in the relevant Registration Books.
Of course, the new realities of the existence of Ukraine require a qualitative update of the current legislation
to revise the existing ones and create new effective mechanisms for the formation of food security.
Environmental Law
One of the biggest damages inflicted by the aggressor state on environmental legal relations is because
military actions have a devastating effect on natural ecosystems. Military actions on the territory of the
state led to an increase in greenhouse gas emissions, which further deepened the global climate crisis.
The state and society faced an urgent task of developing an effective system for protecting the environment
and man as part of it. There is a need to update environmental legislation adapted to the conditions of
martial law, work on theoretical improvements and development, implement specific practical steps to
overcome the negative environmental consequences of war, preserve and restore affected ecosystems,
ensure environmental safety, and protect the environmental rights and interests of citizens.
Therefore, the legislator should direct legal measures to:
1) development of a compensation mechanism that will guarantee full compensation for environmental
damage caused to the environment because of hostilities;
2) updating several legal acts by expanding the list of real and potential threats to environmental security
in Ukraine and strategic directions of state environmental policy, taking into account actions on the
territory of the state of martial law, in particular the Strategy of Environmental Security and Adaptation
to Climate Change for the period until 2030, approved by the order of the Cabinet of Ministers of
Ukraine of October 20, 2021 No. 1363-r and the Law of Ukraine "On the Basic Principles (Strategy) of
the State Environmental Policy of Ukraine for the Period Until 2030" (Law 2697-VIII, 2019).
3) improvement of the organizational and legal mechanism of environmental management following the
requirements of wartime (increasing the effectiveness of the system of environmental monitoring,
environmental control, etc.);
4) determination of the peculiarities of the legal regime for the use of natural resources and ecosystems,
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considering the action on the territory of the state of martial law;
5) reproduction of individual natural resources, revival of natural complexes (in particular, territories and
objects of the nature reserve fund), damaged because of military actions;
6) determination of the peculiarities of the implementation of environmental rights in conditions of war
and increasing the effectiveness of their protection.
Natural Resource Law
Domestic natural resource legislation is not adapted to the regulation of relations of use and protection of
natural resources in the conditions of war and post-war reconstruction – the current normative and legal
regulation is not able to effectively ensure counteraction to the rapid depletion of natural resources and
create effective mechanisms for their recovery. That is why there is an urgent need to develop a systemic
vision for improving natural resource legislation from the standpoint of meeting modern needs because
most natural resources are exhaustible – it is much easier to lose them irretrievably than to restore them.
For example, the development of some strategies of the European Union and Ukraine, cause certain fears,
because they can create prerequisites for a sharp exacerbation of the above-mentioned problems. We are
talking about the implementation of the prepared hydrogen strategies of the EU and Ukraine. According to
them, Ukraine is considered as a territory for deploying a significant volume of hydrogen production for EU
needs. This perspective contains not only attractive opportunities but also serious risks. They are
concentrated in the natural resource component, namely in the use of freshwater resources, which are
currently in a rather difficult ecological state. Awareness of the vulnerability of our state due to military,
economic, environmental, and demographic crises, as well as a clear focus on national interests, should
become safeguards that will prevent future hydrogen legislation from conserving Ukraine's raw material
status and negatively affecting the state's environmental security.
Energy law
Ukraine's energy security deteriorated critically during the war due to the damage to a large part of the
country's energy infrastructure. The restoration of the country's energy system in the post-war period will
require proper, adapted regulatory regulation that would consider the latest objective circumstances and
challenges. Since the current energy legislation of Ukraine is currently not adapted to such needs, it turned
out to be ineffective both during and after the war (Kharytonova, & Grigoryeva, 2021). Currently, there is
an urgent need to reform domestic energy legislation, considering the impact of wartime conditions.
Legal science is currently on the path of studying individual components of energy law and legislation,
where the following components are distinguished:
1) legislation on the general regulation of energy relations (regulations on the electricity market, energy
efficiency, energy conservation);
2) oil and gas legislation;
3) atomic (nuclear) legislation;
4) coal legislation;
5) legislation in the field of alternative energy (Kharytonova, & Grigoryeva, 2023).
In modern conditions in Ukraine, the normal rate of differentiation of energy legislation is additionally
accelerated by several systemic factors: European integration substantive restructuring of legislation, and
adaptation of energy legislation to the conditions of a constant threat to energy security during military
operations.
In Ukraine, the adoption of various energy strategies and programs has become an indispensable attribute
of rulemaking. However, there are quite significant flaws in this: firstly, the replacement of the necessary
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regulatory support by software rulemaking; secondly, the visibility of rule-making activity (most often
created for foreign partners: the adoption of a program or strategy does not require special efforts, does
not require resources, no responsibility arises for its non-fulfillment, but at the same time there is an
opportunity to report positively on the fulfillment of international obligations, etc.).
Modern legislation, which was written under the circumstances of peacetime, turned out to be poorly
adapted to the operation of the energy system in the conditions of military operations. Only at the end of
2022, because of military actions on the territory of Ukraine, a third of power plants were destroyed, and
more than 40% of consumers remained without electricity. Fuel prices are steadily rising, and thermal fuel
resources are limited. At the same time, the analysis of rule-making activity demonstrates that the acute
social problem of energy security has not been solved systematically at the moment, because energy
legislation during the wartime period was changed only point by point (for example, through the adoption
of the laws of Ukraine Law 2479-IX (2022), Law 2956-IX (2023), Law 3141-IX (2023), etc.). The systemic
energy crisis can be solved only by systemic restructuring of legislation.
However, it should be noted the emergence of the tendency of the transition of Ukrainian legislation from
the paradigm of energy saving to the newest paradigm of energy efficiency, which is aimed at regulating
relations aimed at strengthening energy security, reducing energy poverty, sustainable economic
development, preserving primary energy resources and reducing greenhouse gas emissions.
Alternative Energy Law
The dynamics of the development of national and international legislation and the constantly growing
requirements for the need to reduce Ukraine's energy dependence led to the rapid development of
alternative energy. Alternative energy sources can include solar and wind energy, geothermal and
hydrothermal, aerothermal, wave and tidal energy, hydropower, biomass energy, gas from organic waste,
gas from sewage treatment plants, biogas, as well as secondary energy resources: blast furnaces and coke
gases, methane gas, degassing of coal deposits, transformation of waste energy potential of technological
processes.
From the analysis of land, agrarian, environmental, natural resource, energy legal relations, and legal
relations in the field of alternative energy under martial law, it can be seen that their development and
further fate are very different. Thus, for land and agrarian legal relations, prospects are returning for the
continuation of those reforms that were initiated before the war. Too progressive legislation will create an
inadequate regulatory environment, which reduces the effectiveness of public influence on such relations.
Therefore, the solution to this systemic problem should consist of determining:
a) temporal adequacy, that is, establishing the real timeliness of the adoption of certain norms;
forecasting the degree of realism of their implementation within the specified time frame; avoiding the
sudden appearance of new rules for the functioning of the industry; the guarantee of the stipulated
terms (for example, the terms of receiving one or another state support);
b) factual adequacy, i.e. analysis of the actual state of social relations for their readiness, the presence
of problematic aspects, possible consequences of the implementation of certain legal mechanisms;
c) formal and legal adequacy, i.e. choosing the least traumatic way of implementing a normative decision.
Conclusions
As a result of the study, the following conclusions were made:
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Peculiarities of teaching disciplines on environmental and legal topics during the martial law in Ukraine. - Eduweb, 2024, abril-junio,
v.18, n.2. / 209-221
The development of environmental legal disciplines is complicated by the combined effect of several main
legal problems of a systemic nature, namely: a) imbalance of differentiation and systematization in the
development of legislation in the relevant field; b) deformed software; c) unpreparedness of legislation for
regulation in crisis conditions; d) transformation of the legal model of state support; e) application of the
"political freezing" method; e) conservation of Ukraine's raw material status; g) observance of adequate
rates of legislative development and transition. Solving these problems requires a systematic approach,
considering many factors and circumstances, which requires high-quality scientific support for the process
of rulemaking.
At the current stage, the teaching of environmental legal disciplines should be based on a crisis approach,
which involves determining ways to improve land, agrarian, environmental, natural resource, and energy
(including alternative energy) legislation of Ukraine through the prism of the functioning of the legal system
in the conditions of military operations and further post-war restoration of the state. The proposed crisis
approach is new for domestic science since previous studies of legal disciplines of the environmental
direction were guided by other approaches, in particular: environmental (ensuring greening, reducing the
negative impact on the environment, etc.); climatic (for example, decarbonization of the energy sector);
integration (legislation reform under the influence of international European integration obligations), etc.
In addition, there is an urgent need in the teaching of environmental legal disciplines to apply the crisis
testing method, which will involve checking each proposed regulatory decision for efficiency and
effectiveness in the event of force majeure (crisis) situations. This method will make it possible to
implement a general crisis approach to the implementation of certain norms, as well as to substantiate the
expediency of certain rule-making steps in the conditions of military actions and post-war reconstruction.
The third important component in the teaching of environmental legal disciplines is the development of the
latest methods of priority stress resistance, which will involve the teaching of environmental legal disciplines
based on the use of the crisis testing method and the identification on this basis of the most effective and
efficient legal mechanisms that are able to ensure the harmonious functioning of the outlined relations as
in peacetime, as well as in crisis situations of anthropogenic, technogenic and natural nature.
Considering the perspective of the development of the studied legal relations and the solution of legal
problems related to this issue, it can be noted that there are currently prerequisites for the continuation of
pre-war reforms and the creation of new norms necessary for the restoration of our country. Teaching
environmental legal disciplines in modern conditions and challenges requires consideration of many factors
and should be aimed at: 1) defining a certain approach; 2) application of the most suitable methods;
3) developing and creating the latest methods.
As for further scientific research, we consider it necessary to investigate the international experience of
teaching environmental legal disciplines under martial law.
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