The use of generators under martial law in Ukraine and their impact on atmospheric air: environmental and legal aspects

It is indicated that issues related to the use of generators and their impact on the environment, as well as people’s lives and health, require proper legal regulation, since in the legislation of Ukraine at the time of the full-scale invasion of the Russian Federation into Ukraine and the introduction of the legal regime of martial law, an additional regime of emergency in the energy sector was also introduced. This article provides a comprehensive analysis of the environmental and legal aspects of the use of petrol and diesel generators under martial law in Ukraine. Following large-scale attacks on the energy infrastructure, Ukraine faced an acute electricity shortage, which led to the widespread use of generators as alternative power sources. At the same time, their operation is accompanied by significant environmental risks: emissions of pollutants into the atmosphere, as well as noise pollution and an increased fire hazard. The authors of the article draw attention to the fact that this poses a threat to the environment, violates citizens’ right to environmental safety, and requires appropriate legal regulation. The paper examines the procedure for obtaining permits for the emission of pollutants into the atmosphere, taking into account changes related to the introduction in Ukraine of the legal regime of martial law and the state of emergency in the energy sector. It analyses the provisions of the Law of Ukraine ‘On Protection of Atmospheric Air’, subordinate regulatory acts that define the procedures for issuing permits for the emission of pollutants into the atmosphere from stationary sources, as well as the Tax Code of Ukraine. Particular attention has been paid to the temporary regulations in force during the period of martial law and for 30 days following its revocation or termination, which stipulate that a generator shall not be regarded as a stationary source, thereby exempting it from the payment of environmental tax on emissions of pollutants into the atmosphere. They also permit the operation of generators without obtaining a permit for emissions of pollutants into the atmosphere. At the same time, requirements regarding compliance with fire and industrial safety regulations remain in force. The article emphasises the need to improve the legal regulation of generator use by developing specific standards that would ensure a balance between energy security needs and environmental protection.