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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Zaporizhzhia National University, Ukraine (corresponding author)
E-mail: T_deputy@ukr.net
ORCID: https://orcid.org/0000-0003-1101-8073
2 Zaporizhzhia National University, Ukraine
E-mail: Degtiareva@gmail.com
ORCID: https://orcid.org/0000-0003-1276-334X
3 Zaporizhzhia National University, Ukraine
E-mail: darya_ezh@ukr.net
ORCID: https://orcid.org/0000-0001-5334-8498

DOI: https://doi.org/10.30525/2256-0742/2024-10-3-168-179

PROTECTION OF ATMOSPHERIC AIR AND AIRSPACE OF UKRAINE: 
LEGAL, REGULATORY, ENVIRONMENTAL 

AND ECONOMIC ASPECTS
Tetiana Kolomoiets1, Artur Gordienko2, Daria Yevtushenko3

Abstract. The study uses general scientific and special methods, the main of which are: abstract-logical, deductive, 
inductive, historical, modelling and forecasting, methods of system-structural, system-functional analysis, 
economic and statistical (grouping, comparison, etc.). The use of system analysis methods made it possible to 
structure the constituent elements of the regulatory and legal support of public administration in the field of 
protection of atmospheric air and airspace of Ukraine. The purpose of the article is to characterise the protection 
of atmospheric air and airspace of Ukraine in the regulatory, legal, environmental and economic aspects. It is 
determined that the regulatory framework for regulating the principles of atmospheric air safety is a component 
of the mechanism for ensuring environmental safety. The article emphasises that for the first time the principles 
of environmental safety were enshrined in the Declaration of State Sovereignty of Ukraine, where the principles 
of environmental safety were established at the level of a separate section. It is emphasised that the functional 
content of the administrative and legal protection of atmospheric air includes: ensuring air pollution within the 
limits of the maximum permissible emission standards in order to ensure the right of a person to a safe and quality 
environment; greening of production; introduction of ecological fuel quality standards; greening of the energy 
cluster of the economy, including through the introduction of the principles of decentralisation of the country's 
energy system; establishment of information interaction between the participants of legal relations in order to 
ensure the transparency of economic activities related to environmental pollution; formation of a high level of 
environmental legal awareness, etc. The article draws a conclusion that ensuring proper quality of atmospheric air 
is a component of the mechanism for ensuring environmental safety. The authors underline that the understanding 
of the system of regulatory and legal regulation of atmospheric air and airspace protection should be functionally 
aimed at ensuring compliance with environmental standards for the operation of such facilities in accordance with 
economic feasibility and social justification. The paper concludes that atmospheric air safety and airspace safety are 
part of the national security system, where the former is a component of environmental safety and the latter is a 
component of state security, and should be understood as the state of atmospheric air and the integrity of the air 
environment, for which physical, chemical and biological properties are established which create favourable and 
sufficient conditions for the vital activity of people and settlements.

Keywords: administrative and legal regulation, sustainable development, management, enterprise, natural 
resource, atmospheric air, air space.

JEL Classification: Q01, M11, L30

1. Introduction
Ensuring the implementation of the idea of  

sustainable development and the economy of 
a closed cycle requires the implementation of effective 

mechanisms for the realization of the individual's  
right to a safe environment in general, and in particular, 
the safety of atmospheric air and the efficiency of  
the use of air space. Safety of atmospheric air and 



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airspace is one of the components of national  
security (The Law of Ukraine "On National Security of 
Ukraine", 2018). 

Real sustainable development of the state requires 
an integrated approach that takes into account 
environmental, social and economic aspects. The role  
of the state in ensuring ecologically favorable  
conditions for citizens and preservation of natural 
resources is extremely important. Effective  
management of natural resources requires the 
development and implementation of strategic plans 
for the conservation of natural resources, forests,  
water systems and other natural ecosystems. 
Implementation of effective mechanisms of control 
and supervision over the use of natural resources, 
including the implementation of modern technologies 
and standards. Environmental protection and the 
fight against pollution should be reflected through 
the development and implementation of strategies to 
reduce emissions and other pollution, including the 
regulation of emissions from industrial enterprises. 
Implementation of environmental safety standards 
for various sectors of the economy and social  
spheres. Stimulating sustainable consumption and 
production requires the introduction of economic 
mechanisms that promote sustainable production and 
consumption. 

2. Brief Literature Review
The determination of problems of air and airspace 

as an object of administrative and legal protection 
within the framework of complex studies of nature 
management issues was carried out in scientific works 
of such scientists as V. I. Andreytsev, A. O. Borysenko, 
O. S. Zarzhytskyi, Yu. A. Leheza, O. O. Surilova,  
Yu. S. Shemshuchenko, etc. At the same time, the 
question of protection of air and airspace was studied 
in a rather fragmentary manner. Separate issues 
of determination of the content of the system of  
protection of atmospheric air and airspace were 
studied in: the thesis of S.V. Vorushilo on the  
topic "Administrative and legal protection of  
atmospheric air" (Vorushilo, 2010); the thesis of  
Yu. S. Boldyreva on "Administrative and legal principles 
of responsibility for violation of the order of use of 
airspace by unmanned aircraft" (Boldyreva, 2021), 
where certain issues of regulatory and legal regulation 
of the use of such objects were examined.

Encouraging the use of renewable energy  
sources and technologies that have less impact on the 
environment. The implementation of the policy on 
ensuring the safety of the atmosphere and airspace 
includes the introduction of mechanisms for public 
participation in decision-making on environmental 
issues by providing access to information on the 

state of the environment and environmental projects 
(Vorushilo, 2010; Beredikhina, 2008).

The effectiveness of the implementation of 
the policy of administrative and legal provision  
of air and space safety is linked to the introduction 
of the latest environmentally friendly technologies 
and innovations in various fields, which requires the 
provision of financial support and stimulation of  
research in the field of energy efficiency and 
environmental technologies.

Thus, a balanced and systematic environmental policy, 
supported by effective administrative management, can 
contribute to sustainable development, improve the 
quality of life of citizens and ensure national security 
in general, and in particular in the area of air safety and 
airspace security.

Therefore, it is important to substantiate the role of 
the state in determining the content and constituent 
elements of the administrative-legal mechanism  
for ensuring air and airspace safety. Ensuring 
environmental safety requirements is a component 
of Ukraine's national security and one of the most  
pressing problems, the solution of which is urgent  
and relevant, taking into account the scale of 
anthropogenic and technogenic burden on the 
environment in modern conditions.

3. Materials and Methods
The study uses general scientific and special methods, 

the main of which are: abstract-logical, deductive, 
inductive, historical, modelling and forecasting,  
methods of system-structural, system-functional 
analysis, economic and statistical (grouping, 
comparison, etc.). The use of system analysis methods 
made it possible to structure the constituent elements  
of the regulatory and legal support of public 
administration in the field of protection of atmospheric  
air and airspace of Ukraine.

The article aims at describing the protection 
of atmospheric air and airspace of Ukraine in the 
regulatory, legal, environmental and economic aspects.

4. Results and Discussions
4.1. The Protection of Atmospheric Air and Airspace 

Safety in Ukraine: Ecological and Economic Aspects
The environmental policy of each country can 

influence the environmental situation not only within 
its own borders, but also at the international and  
global levels.

Climate change, loss of biodiversity, pollution 
of oceans and air – these problems do not stop at  
national borders. They require joint international  
efforts to be effectively addressed. Pollution in one 
country can have transboundary effects on the natural 
resources and health of citizens in other countries. 



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Effective cooperation on environmental issues is 
therefore essential. Participation in international 
agreements and conventions (e.g., the Paris Agreement, 
the Kyoto Protocol) shows a country's willingness 
to accept common obligations and to cooperate with 
other nations in order to reduce its impact on the 
environment. Cooperation in science and technology 
makes it possible to exchange advanced methods 
and innovations for solving environmental problems. 
Therefore, solving environmental problems requires 
cooperation and coordination of actions at the 
international level. Countries should work together, 
taking into account the common interests of conserving 
nature and ensuring the sustainable development of 
the planet. This issue is particularly important when 
it comes to ensuring the safety of atmospheric air  
and airspace.

The effectiveness of the implementation of 
environmental policy at the national level in general, 
and in particular, in terms of air protection and 
airspace security as part of the national security 
system (Article 3 of the Law of Ukraine "On National  
Security of Ukraine"), affects the state of environmental 
management in general.

The protection of atmospheric air and airspace  
is one of the most important issues of today. Air 
pollution is defined as a component of sustainable 
development policy. Atmospheric air suffers from 
pollution from industrial facilities, energy systems, 
and vehicles that emit emissions, especially in cities of 
industrial importance.

The protection of atmospheric air and airspace  
safety is particularly relevant in the conditions  
of martial law. The development of technologies, which 
intensified in the second half of the 20th century, is 
associated with the creation of new types of products, 
which may affect the growth of man-made load on 
atmospheric air, its toxicity, which are harmful to the 
environment.

Air pollution affects not only the state of environmental 
protection, safety of airspace, efficiency and safety of 
vehicle operation. Pollution can occur as a result of 
thermal emissions, the influence of electromagnetic 
fields, noise, vibrations, ultraviolet, infrared and  
ionising radiation (Andreytsev, 2002: 16-17). 

The negative impact of air pollution on human 
health, the state of the environment, the level of soil  
pollution and its fertility, causes not only environmental 
damage, but also damage to the economy, affecting the 
level of working capacity of the population. Through 
polluted atmospheric air, harmful substances enter 
the human lungs, adversely affecting the respiratory 
system of the body and causing damage to other 
internal human organs. Atmospheric air pollution 
leads to pollution of other environmental ecosystems,  
including the hydrosphere, lithosphere and biosphere 
(Buchavyy, 2017: 8-9). 

Sources of air pollution may include both stationary 
facilities (e.g., agro-industrial complex, mining 
company, processing company, power plant, gas 
production company, water management company, 
utility company) and mobile facilities (which primarily 
include vehicles, any type of transport, including rail, 
air, water transport, and industrial mobile equipment). 
According to the results of global research, the largest 
negative impact on the state of the atmosphere  
under normal conditions is caused by vehicle  
emissions (Dabek-Zlotorzynska, Celo, Ding, et 
al., 2019; Park, Heo, Kim, Yi, 2020). Thus, under  
normal conditions, about 28% of atmospheric  
emissions are from vehicles (Heydari, Tainio, 
Woodcock, de Nazelle, 2020). Such a situation 
of air pollution is not unique to Ukraine. In most 
countries of the world, the problem of atmospheric air  
pollution is particularly acute, the problem of  
reducing emissions to the environment that 
occur as a result of burning fossil fuels in utilities,  
industry and for the production of electricity (Weagle, 
Snider, Li et al., 2018). Fuel combustion also has an 
anthropogenic impact on the environment (McDuffie, 
Martin, Spadaro, et al., 2021). It undoubtedly has 
a negative impact on the environment and natural 
forcing factors, in particular a factor such as a change 
in natural emission sources due to extreme weather  
events, including wildfires and windblown dust  
(Chen, Guo, Yue, et al., 2021).

According to WHO research, particulate matter 
with a diameter of 2.5 microns or less (PM 2.5) is an 
environmental pollutant that has a negative impact 
on human health. The harmful effect on the human  
body is the ability of such microparticles to enter 
the human lungs and then be transferred to the  
bloodstream, which leads to public health problems, 
including cancer (World Health Organization, 2021).

4.2. Legal and Regulator Aspects of the 
Protection of Atmospheric Air and Airspace 
Security in Ukraine and the EU

Therefore, Ukraine, as well as other EU countries 
and the world, is facing an acute issue of protecting  
the airspace from pollution from both mobile and 
stationary sources.

Hence, the implementation of monitoring  
procedures for the protection of atmospheric air at the 
national and interstate levels is of great importance 
and is required as a component of achieving the goals 
of sustainable development, approved by the Decree 
of the President of Ukraine of 30 September 2019  
No. 722/2019 (The Law of Ukraine "On the Sustainable 
Development Goals of Ukraine for the period until 
2030", 2019), which correlates with the provisions 
of European directives on environmental protection 
standards in general and atmospheric air in particular 



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(Environment policy: general principles and basic 
framework, 2023).

Directive 2004/35/CE of the European 
Parliament and of the Council of April 21, 2004 on 
environmental responsibility for the prevention and 
elimination of damage caused to the environment  
(Directive 2004/35/ CE of the European Parliament 
and of the Council, 2024) establishes the "polluter  
pays" principle as one of the main principles for the 
success of air pollution control. The "polluter pays" 
principle is implemented by the Environmental 
Liability Directive, which aims to prevent or otherwise 
compensate for environmental damage to protected 
species or natural habitats, water and soil (Directive 
2004/35/CE of the European Parliament and of the 
Council, 2024). Operators of certain professional 
activities, such as the transport of dangerous  
substances or activities involving discharges into 
water, must take preventive measures in the event of 
an imminent threat to the environment. If damage has 
already occurred, they must take appropriate measures 
to remedy the situation and bear the costs. The scope 
of the Directive has been extended three times to 
cover the management of mining waste, the operation 
of geological storage sites and the safety of offshore  
oil and gas operations (Directive 2004/35/CE of the 
European Parliament and of the Council, 2024).

Moreover, since the Cardiff European Council in 
1998, the integration of environmental concerns into 
other EU policies has become an important concept 
in European politics. In recent years, the integration of 
environmental policies has made significant progress, 
for example in the area of energy policy, as reflected 
in the parallel development of the EU Climate and 
Energy Package or the Roadmap for the transition 
to a competitive low-carbon economy by 2050  
(Regulation (EU) 2021/1119 of the European 
Parliament and of the Council of 30 June 2021, 2021).

The Sustainable Development Goals are set according 
to the content of the "2030 Agenda for Sustainable 
Development" (17 Goals to Transform Our World 
2019), which was adopted in 2019. The history of 
the development and adoption of the Sustainable 
Development Strategy began in 2001 with the 
adoption of the first Sustainable Development Strategy 
(SDS), adding an environmental dimension to the 
Lisbon Strategy. In response to the 2030 Agenda for 
Sustainable Development, adopted by the UN in 
2015, the Commission published a communication in 
2016 entitled "Next steps for a sustainable European 
future – European action for sustainable development", 
which outlines how to integrate the Sustainable 
Development Goals (SDGs) into EU policy priorities 
(Environment policy: general principles and basic 
framework, 2023). In January 2019, the European 
Commission presented a policy paper on the Sustainable 
Development Goals entitled "Towards a sustainable 

Europe by 2030", in which it proposed three scenarios 
for achieving them. The Parliament has expressed 
its support for the furthest-reaching scenario, which 
proposes to guide all EU and Member State actions 
by setting specific goals for implementing sustainable 
development, proposing concrete deliverables by 
2030, and establishing a mechanism for reporting and 
monitoring progress towards them.

In 2011, the EU adopted the 2020 Biodiversity 
Strategy, which reflects the commitments made 
under the United Nations Convention on Biological 
Diversity (Convention on the Protection of Biological  
Diversity of 1992, 1992) (CBD), the main international 
biodiversity treaty to which the EU is party.  
As a contribution to the discussions on the global 
biodiversity conservation framework beyond 2020  
(UN Conference on Biodiversity 2022 (COP15)), in 
May 2020, the Commission presented its Biodiversity 
Strategy 2030 as a comprehensive, ambitious 
and long-term plan to protect nature and halt 
ecosystem degradation. In June 2021, the Parliament  
endorsed the strategy and made additional proposals  
to strengthen it.

As part of the European Green Deal, in May 2020, 
the European Commission presented the Farm to 
Fork strategy, which aims to make food systems 
fair, healthy and sustainable. In October 2021, the  
European Parliament largely endorsed the strategy's 
vision and objectives.

Ensuring the implementation of the Sustainable 
Development Goals requires the establishment of 
intergovernmental cooperation, and the EU therefore 
plays a key role in international environmental 
negotiations. The EU is a party to a large number  
of global, regional or sub-regional Multilateral 
Environmental Agreements (MEAs) covering 
a wide range of issues, such as nature and biodiversity 
protection, climate change and transboundary air 
and water pollution. The EU helped shape several key 
international agreements adopted at UN level in 2015, 
such as the 2030 Agenda for Sustainable Development 
(which includes 17 global SDGs and 169 related  
targets), the Paris Agreement on Climate Change 
and the Sendai Framework on Natural Disaster  
Risk Reduction. It also became a party to the 
Convention on International Trade in Endangered 
Species (CITES), underlining its commitment 
to biodiversity conservation and curbing illegal  
wildlife trade (Environment policy: general principles 
and basic framework, 2023).

One of the important areas of ensuring the  
protection of the atmospheric air is the indexing  
of its pollution. At the same time, monitoring of 
the content of solid microparticles (PM2.5), which 
is carried out in EU countries, is not carried out in 
Ukraine (Hrynchyshyn, 2023). In particular, the  
Decree of the Ministry of Health of Ukraine of  



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14 January 2020 No. 52 "On approval of the hygienic 
regulations for permissible contents of chemical and 
biological agents in the air of populated areas" does  
not contain any indicators of the maximum  
permissible content of solid microparticles (PM2.5)  
in the atmospheric air.

It is recognised in the world to implement such 
an administrative control and monitoring space as 
the Atmospheric Air Quality Index (AQI), which  
reflects, among other things, the content of solid 
microparticles (PM 2.5), which is available for public 
monitoring in populated areas. Generalisation of 
information on daily average values of atmospheric air 
quality indices to ensure the implementation of the 
public monitoring function is published on a separate 
Internet resource – SaveEcoBot "Ukraine's only 
ecological system" (SaveEcoBot, 2023). The indicated 
public information resource contains data on pollution, 
pollutants and displays analytical summaries of 
environmental pollution over the past three years.

The AQI is one of the tools of public administration 
in the field of environmental protection, recognised by 
the world community and used as a criterion of success 
and effectiveness of air protection in the activities 
of governmental agencies of various countries, in 
particular in the activities of the US Environmental 
Protection Agency, which allows the institution to 
publish information on air quality for the population. 
It should be emphasised that the AQI is calculated  
for each individual pollutant according to the  
NowCast formula (NowCast Calculator, 2023).

The AQI reflects six categories that characterise the 
level of air pollution. An increase in the AQI indicates 
an increase in the level of air pollution and is an index 
of environmental hazards for the population of the 
respective region. The AQI indicators are shown in 
Table 1.

Air quality in Ukraine is assessed by another 
indicator – the Air Pollution Index (API), according 
to which the most polluted cities in Ukraine include 
Kamianske (API – 14.8), Dnipro (API – 14.1), and 
Kryvyi Rih (API – 13.8) (Particulate Matter (PM) 
Pollution, 2023).

It is necessary to consider the state of the  
atmospheric air and the influence of the state of  
war on it within the framework of this study. The state  
of war has a significant impact on the state of 
atmospheric pollution – in certain periods of 2022, 
a decrease in pollution was observed, which is 
associated with the economic decline and foreign 
immigration of the population, and therefore in some 
places there is a decrease in the anthropogenic load on 
the atmospheric air (Air pollution in the city, 2023). 
However, research by ecologists has shown an increase 
in man-made pollution of atmospheric air as a result  
of artillery fire, enemy attacks from "Grad", "Smerch", 
and so forth (Hrynchyshyn, 2023: 10).

Thus, the state of war and constant bombardment 
by enemy aircraft and enemy artillery have a negative 
impact on the quality of the air and its safety for  
public health.

This is why the problem of environmental protection 
in general, and in particular, ensuring air quality and 
airspace safety in Ukraine, is urgent and is becoming 
more so under martial law and in the context of  
Ukraine's reconstruction.

4.3. Atmospheric Air Safety  
is a Part of National Environmental  
and Economic Security

It should be emphasized that atmospheric air safety  
is a component of national environmental security.

The system of national environmental safety in 
general and, in particular, the safety and quality 
of atmospheric air, the safety of airspace is the  
subject of research both by representatives of 
ecological and legal sciences and by representatives 
of administrative and legal sciences. Thus,  
V. I. Andreytsev understands the provision of 
environmental safety as the taking of measures 
functionally aimed at the rational use of natural 
resources, environmental protection, their preservation 
and the creation of conditions for their benefit  
for the population, individuals and legal entities 
(Andreytsev, 2002: 106-119).

Table 1
Levels of atmospheric air pollution (categories of the AQI) (Particulate Matter (PM) Pollution, 2023)

Air Quality Index (AQI) Assessment of air pollution level Threats to public health

51-100 Satisfactory The state of air pollution in which people with allergic reactions are advised 
to limit their time outdoors

101-150 Unfavourable for people 
with allergic sensitivities

Elderly people, children, and people with allergic sensitivities are advised 
to reduce their time outdoors

151-200 Unhealthy Elderly people, children, people with lung diseases are not recommended 
to be outside. Others recommended limiting the time spent outside.

201-300 More unhealthy Has an increased level of danger. Physical movement on the street is not 
recommended for people who are sensitive to atmospheric air conditions.

More than 300 Dangerous (threatening) All persons are advised not to be outside



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The law of environmental safety is considered as 

a separate branch of knowledge or an independent 
legal institution, which is a certain system of  
normative provisions regulating the circle of social 
relations, which is characterised by the principle 
of unity, complexity, a combination of functional  
direction to ensure the safety of the environment and 
the safety of exploitation of natural resources and 
objects (Khimich, 2005: 300-302).

According to O. M. Khimich, environmental 
safety means taking measures to eliminate threats to 
people's lives and health, which make it possible for  
people to exist and carry out vital activities.  
At the same time, the task should be entrusted not only 
to specialised subjects, but also to law enforcement  
and judicial bodies (Khimich, 2005: 48).

There is an approach in which environmental  
safety is seen as a certain form of environmental activity, 
in the implementation of which the harmonious 
development of human, society and nature is possible 
(Koshlya, 2022: 268–272).

M. A. Shepel notes that the implementation of the 
tasks and goals of ensuring environmental safety is 
considered a component of the right to environmental 
protection and must be separated to some extent from 
the implementation of the tasks of environmental 
restoration (Shepel, 2019: 158-163). A similar approach 
is based on scientific conclusions substantiated in 
the publications of V. I. Andreytsev, who noted that 
the law of environmental security has a multifaceted 
understanding – as a certain system of norms  
regulating the application of influence measures aimed 
at ensuring vital human interests; and as a system of 
norms regulating activities related to harmful effects on 
the environment, the threat of environmental damage 
(for example, activities related to the transportation 
of hazardous waste) (Leheza, 2012: 95-100; Leheza, 
Surilova 2019: 99-103). Environmental safety, 
according to Yu. O. Leheza, should be considered as one 
of the functions of the state, as a guarantee of ensuring 
the proper level of improvement of settlements,  
ensuring compliance with the requirements of public 
order and law and order, legality, and therefore is 
a component of public, national and state security 
(Leheza, 2012: 95-101). It should be emphasised 
that Yu. O. Leheza states that environmental safety 
is a component of national security and determines  
the state of protection of the population from  
harmful effects of both economic entities and external 
negative obstacles, including military aggression 
(Leheza, 2016: 141-143).

It is important to note that such an approach 
correlates with the normative and legal regulation  
of the principles of ensuring environmental safety, 
which were essentially defined for the first time in the 
Declaration on State Sovereignty of Ukraine, where  
the principles of environmental safety were established 

at the level of a separate section. Thus, the Declaration 
on State Sovereignty of Ukraine states that "Ukraine 
cares about the environmental safety of its citizens, 
the gene pool of its people, its young generation,  
and also has the right to prohibit the construction and 
cease the operation of any enterprises, institutions, 
organisations and other objects that pose a threat 
to environmental safety" (The Declaration of State 
Sovereignty of Ukraine, 1990).

The Law of Ukraine "On Environmental Protection"  
of June 25, 1991 stipulates that the state of 
environmental safety should be understood as such 
a state of the natural environment that ensures 
the prevention of deterioration of the ecological  
situation and the occurrence of hazards to human  
health (The Law of Ukraine "On Environmental 
Protection", 1991).

Hence, atmospheric air safety and airspace safety 
are part of the national security system, where the 
former is a component of environmental safety and 
the latter is a component of state security, and should 
be understood as the state of atmospheric air and the 
integrity of the air environment, for which physical, 
chemical and biological properties are established  
that create favourable and sufficient conditions for the 
life of people and settlements.

Ensuring the effectiveness of atmospheric air and 
airspace protection requires optimisation of the system 
of current Ukrainian legislation in the area under  
study, and in general, in the area of ensuring 
environmental safety requirements.

Compliance with environmental safety requirements 
requires legal entities to take measures to prevent 
violations of its integrity, comprehensive protection and 
prevention of damage (Kobetska, 2016: 9).

It should be emphasised that the current state of 
environmental protection in general, and in particular, 
in the area of air protection, depends on both domestic 
measures and the effectiveness of international 
cooperation related to the settlement of damage  
caused by the danger posed by a full-scale Russia's 
invasion, as well as air pollution related to activities  
in the territories neighbouring Ukraine.

According to the Constitution of Ukraine, the 
objects of legal protection include "land, its subsoil, 
water, forests, atmospheric air, animal life, especially 
protected natural territories and objects" (Constitution 
of Ukraine, 1996). Therefore, the establishment of 
modes of use of the relevant natural resources and  
objects is also the basis for the implementation  
of the mechanism of environmental security  
(Korneev, 2021: 122-125).

Therefore, ensuring proper air quality is part  
of the mechanism for ensuring environmental safety.

Consequently, the understanding of the system of 
regulatory and legal regulation of atmospheric air and 
airspace protection should be functionally aimed at 



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ensuring compliance with environmental standards 
for the operation of such facilities, taking into account 
economic feasibility and social justification.

Atmospheric air is such an asset, and measures 
must be taken to ensure the preservation of such a  
natural asset, as well as to prevent the increase of 
anthropogenic influence on its quality.

Ensuring the implementation of measures for 
the implementation of administrative and legal 
protection of atmospheric air and airspace requires the  
adoption of measures at the appropriate level of legal 
effectiveness for the implementation of accounting  
and monitoring of environmental pollution, which 
requires the implementation of the function of state  
and public control through the determination of 
standards for the use of atmospheric air and the level 
of maximum permissible emissions, compliance with 
restrictions on anthropogenic impact on atmospheric 
air, as well as zoning of settlements, with the allocation 
of territories where the location of industrial zones is 
a priority (Borysenko, Volko, Pushkina, Potip, Leheza, 
2022: 180-188). 

The implementation of administrative and legal 
protection of atmospheric air and atmospheric safety 
at the appropriate level requires the application of 
preventive, redressal, human rights, control and 
supervisory, as well as administrative and delictual 
measures.

The main functional content of the administrative 
and legal protection of atmospheric air is to optimise 
the level of anthropogenic impact and the burden  
on it.

These are the main requirements for building  
a system of regulatory and legal regulation of 
administrative and legal protection of atmospheric 
air and airspace, which should be consistent with  
achieving a balance of economic feasibility and 
environmental rationality, as well as correlated with 
public interests and needs.

The general principles of administrative and legal 
protection of atmospheric air are the principles of the 
rule of law, legality, democracy, humanism, good faith, 
justice, equality, a combination of persuasion and 
coercion, liability for guilt, etc.

However, the content of administrative and  
legal protection of atmospheric air and airspace is 
determined primarily through the implementation of 
special regulatory principles.

S. V. Vorushilo refers to the special principles of 
administrative and legal protection of atmospheric 
air: 1) priority of protection of human life and health, 
present and future generations; 2) implementation 
of obligatory monitoring and control of compliance 
with the requirements of legislation in the field of air 
protection; 3) prevention of negative consequences of 
air pollution for human beings and the environment; 
4) state regulation of emissions of harmful (polluting) 

substances into atmospheric air and harmful physical 
actions on it; 5) transparency, completeness and 
reliability of information on the state of atmospheric 
air, its pollution; 6) scientific validity, systematicity 
and complexity of the approach to atmospheric air 
protection; 7) inevitability of liability for violation 
of legal requirements for atmospheric air protection 
(Vorushilo, 2011: 8). 

It should be noted that this approach reflects the 
essence of administrative and legal protection as taking 
measures to minimise anthropogenic impact on the 
atmosphere and to comply with economic security 
requirements.

T. Shevchuk proposes to supplement this list of 
special legal principles of administrative and legal 
protection of atmospheric air with the following 
principles: priority protection of the human right to 
life and health; prevention of irreversible consequences 
of air pollution for the environment; mandatory 
state regulation of emissions of harmful (polluting) 
substances into the air and harmful physical impact 
on it; mandatory compliance with the requirements  
of the legislation on air protection by all entities 
consuming it; the principle of presumption of potential 
environmental hazards of any planned economic 
and other activities; the principle of completeness 
of information presented in the environmental 
impact assessment; the principle of scientific validity, 
objectivity and legality of the conclusions of the 
environmental impact assessment; the principle of 
openness, as well as participation of the subjects of 
the right to environmental information; the principle 
of mandatory environmental impact assessment prior 
to making decisions on the implementation of the 
object of assessment; the principle of responsibility 
of the customer of administrative services in the field 
of atmospheric air protection for the consequences  
of the implementation of project decisions, and  
so forth (Shevchuk, 2021: 36-37). 

In support of the above approaches to understanding 
the principles of administrative and legal protection 
of atmospheric air and airspace, it is advisable to 
supplement them with the principles of economic 
feasibility and environmental soundness. Based on the 
analysis, the special principles of administrative and 
legal protection of atmospheric air, which reflect the 
needs of society and legal regulation of environmental 
protection activities of the state, include the following 
principles: the principle of maintaining the proper  
state of atmospheric air to ensure the health and well-
being of citizens; the principle of prevention, the 
implementation of which is aimed at preventing air 
pollution by setting standards, norms and restrictions 
for industrial enterprises, transport and other sources 
of pollution; the principle of minimising anthropogenic 
impact through the introduction of technologies  
and practices that reduce emissions of harmful 



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substances; the principle of public participation,  
which requires access to information on the state  
of the atmosphere, as well as guaranteeing the 
implementation of various forms of participation of 
social groups in decision-making on its protection; 
the principle of responsibility that should be 
applied for violations of the rules on atmospheric 
air protection, including fines and other sanctions 
for violators; the principle of economic balance; the 
principle of ecological validity. These principles are 
aimed at achieving a balance between society's needs 
for economic development and preservation of the  
natural environment for future generations.

However, the Law of Ukraine "On Atmospheric Air 
Protection" does not contain these special principles 
of its administrative and legal protection, which 
requires amendments to the current legislation and the 
establishment of special principles of legal regulation.

It should be emphasized that the current Law 
of Ukraine "On Atmospheric Air Protection" of  
October 16, 1992 No. 2707-XII (The Law of Ukraine 
"On Atmospheric Air Protection", 1992) contains 
quite a significant number of gaps, and one of them, 
in particular, is the lack of special legal bases for  
regulatory regulation. Undoubtedly, the shortcomings 
of the Law of Ukraine "On Atmospheric Air Protection" 
include its obsolescence and the inadequacy of the 
categorical apparatus of air protection legislation.

The categories "atmospheric air quality", "safe level of 
air quality", "public control in the field of atmospheric  
air protection" are not defined by regulations.  
The current legislation of Ukraine on air safety does  
not define the principles of special legislation.

4.4. Іnternational Legal Financial Regulation  
in the Field of Atmospheric Air Safety  
and Airspace 

The administrative and legal mechanism for ensuring 
the safety of atmospheric air and the use of airspace 
includes economic, legal or financial instruments 
consisting of regulatory acts, a system of entities applying 
regulatory provisions, and entities whose activities  
are subject to the application of such instruments.

The system of financial and legal instruments consists 
of the following elements: economic incentives; 
taxation measures; environmental and economic 
insurance measures.

The creation of conditions for the effective use of 
the airspace of Ukraine in the post-war period requires 
the development of financial and legal legislation 
on the basis of ensuring the conditions for the  
formation of investment and technological potential 
of Ukraine, which should be recognised as the  
basis of sustainable development policy. The decline 
of the civil aviation industry is a clear indication of 
the financial and legal imbalance of such a cluster of 

the national economy, which is primarily due to its 
stagnation in the conditions of martial law.

The issue of airspace use is the subject of legal 
regulation not only at the national level, but  
primarily at the international level, at the level of 
interaction and mutual agreements concluded between 
Ukraine and the EU countries, as a result of which 
the "Common Aviation Area" project was concluded 
(Ukraine and the European Union concluded  
an agreement on the Common Aviation Area. 
Government portal, 2024).

The conclusion of the agreement took place on 
October 12 within the framework of the 23rd Ukraine 
Summit and was ratified in accordance with the  
Law of Ukraine "On Ratification of the Agreement 
between Ukraine, on the one hand, and the European 
Union and its Member States, on the other hand, 
on Common Aviation Area" (The Law of Ukraine  
"On Ratification of the Agreement between Ukraine,  
on the one hand, and the European Union and its 
Member States, on the other hand, on Common 
Aviation Area", 2022; Agreement between Ukraine, on 
the one hand, and the European Union and its member  
states, on the other hand, on common aviation 
space, 2022). Undoubtedly, this European 
integration agreement was progressive, but its proper 
implementation under martial law is impossible. 
According to the Agreement, the parties will create 
a common aviation area between Ukraine and the 
EU based on the same rules of aviation safety, air 
traffic control, social rights of employees, electronic  
booking systems, environmental protection and 
consumer rights.

The regulation of airspace use is based on a number 
of international treaties and acts, one of which is 
the Treaty establishing the European Economic 
Community (EEC), signed in Rome in 1957, which 
establishes certain provisions relating to the provision 
of transport services (Treaty establishing the European 
Community).

The intensification of international legal regulation 
in the field of airspace use dates back to the 1980s, 
when a number of regulatory acts were adopted at 
the level of agreements between European states, 
based on the content of which the following were  
identified as priority tasks for the safety of airspace 
use and air protection: a) provision of regular air  
services to regions to which transportation is clearly 
unprofitable due to the geographical or economic 
location of these regions; b) prevention of unjustified 
competition on certain airlines and temporary support 
for small, newly established airlines; c) protection 
of the environment from the harmful effects of civil 
aviation; d) elimination of the problem of congestion 
at airports and other aviation ground infrastructure;  
e) maintenance of the required level of flight safety.  
Such tasks were reflected in the European Common 



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Aviation Area (ECAA) with non-EU states (European 
Common Aviation Area).

In order to implement the European Common 
Aviation Area (ECAA), on March 10, 2004, the 
European Parliament and the Council of the EU 
adopted a number of legal acts, among which the 
following acts should be highlighted: Regulation 
(EC) No 549/2004 of the European Parliament and 
of the Council of 10 March 2004 laying down the  
framework for the creation of the single European 
sky (Regulation (EC) No 549/2004); Regulation 
(EC) No 550/2004 of the European Parliament and 
of the Council of 10 March 2004 on the provision 
of air navigation services in the single European sky 
(Regulation (EC) No 550/2004); Regulation (EC) 
No 551/2004 of the European Parliament and of 
the Council of 10 March 2004 on the organisation 
and use of the airspace in the single European sky 
(Regulation (EC) No 551/2004); Regulation (EC) 
No 552/2004 of the European Parliament and of the 
Council of 10 March 2004 on the interoperability  
of the European Air Traffic Management network 
(Regulation (EC) No 552/2004); Regulation 
2006/2005, which established common requirements 
for the provision of air navigation services (Commission 
Regulation (EC) No  2005/2006); Regulation 
2150/2004 (Regulation (EC) No 2150/2002).

The development of airspace use and atmospheric 
air safety in Ukraine must be in accordance with the 
internationally recognised principles of sustainable 
development and greening of production (Action plan 
"Ukraine – European Union", 2024). The construction 
of the administrative and legal mechanism for the 
use of airspace should be based on the interests  
of people, society and the state as a whole in order to 
ensure the requirements of national security and the 
greening of production.

Among the important tasks of using airspace is 
the dissemination of information on the safety of 
transportation, the safety of servicing economic 
activities, and the promotion of the consumer value of 
such an object, which determines the content of the 
administrative and legal regulatory influence of the state.

The effectiveness of this task of administrative and 
legal regulation depends on the correctness of the 
establishment of regulatory procedures for the activities 
of business entities, the expediency of informing 
the public about the safety of transportation, the 
use of airspace, and compliance with air pollution 
requirements.

5. Conclusions
Ensuring the effectiveness of administrative and 

legal protection of atmospheric air requires a set of 
organisational, legal, economic, environmental and 
other measures.

Such measures of influence should be recognised  
as tools for the implementation of public  
administration activities that help protect the needs 
of the population to create quality living conditions  
in settlements.

Administrative and legal protection of atmospheric 
air is based on various instruments used to ensure the 
purity and preservation of atmospheric air quality. 
The instruments of administrative and legal protection 
of atmospheric air include the following: regulatory 
acts (laws, regulations, government decrees, decisions 
of local governments, etc.) that establish rules and 
requirements for permissible levels of air pollution, 
use of environmentally friendly technologies, emission 
limits, and so forth; licensing and issuance of special 
permits for enterprises that may affect air quality  
(e.g., industrial enterprises) should have special  
permits to emit pollutants into the air; control and 
monitoring of air pollution, which may include 
mandatory measurements of pollution levels,  
emissions accounting, inspections and compliance 
checks; liability for violations, including the 
application of administrative and economic sanctions, 
administrative and tort fines, and so on; incentive 
measures aimed at boosting the greening of enterprises 
through the introduction of green technologies and 
processes, in the form of tax cuts for environmentally 
friendly enterprises, subsidies for the introduction 
of clean technologies, and more; public control.  
These tools work together to create a system that  
helps to preserve and improve air quality, which is an 
important task for preserving human health and the 
environment as a whole.

Thus, the functional content of the administrative 
and legal protection of atmospheric air is: ensuring  
air pollution within the limits of the maximum 
permissible emission standards in order to ensure the 
right of a person to a safe and quality environment; 
greening of production; introduction of environmental 
fuel quality standards; greening of the energy  
cluster of the economy, including through the 
introduction of the principles of decentralisation  
of the country's energy system; establishment of 
information interaction between the participants of 
legal relations in order to ensure the transparency of 
economic activities related to environmental pollution; 
formation of a high level of environmental legal 
awareness, etc.

However, despite the existence of a significant number 
of strategic plans, development programmes and the 
implementation of state and regional environmental 
policies, it is impossible to draw a conclusion on the 
success of their implementation both at the level of 
greening production and at the level of regulatory and 
legal regulation of the principles of environmental 
protection, including by means of administrative legal 
protection.



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Based on the analysis, the special principles of 

administrative and legal protection of atmospheric 
air, which reflect the needs of society and legal  
regulation of environmental protection activities  
of the state, include the following principles: the  
principle of maintaining the proper state of atmospheric 
air to ensure the health and well-being of citizens; 
the principle of prevention, the implementation of 
which is aimed at preventing air pollution by setting 
standards, norms and restrictions for industrial 
enterprises, transport and other sources of pollution; 
the principle of minimising anthropogenic impact by 
introducing technologies and practices that reduce 
emissions of harmful substances; the principle of 

public participation, which requires ensuring access  
to information on the state of the air, as well as 
guaranteeing the implementation of various forms 
of participation of social groups in decision-making  
on its protection; the principle of responsibility, 
which should be applied for violations of the rules 
of air protection, including fines and other sanctions 
against violators; the principle of economic balance;  
the principle of environmental feasibility and 
environmental impact assessment.

These principles are aimed at achieving a balance 
between the needs of society for economic development 
and the preservation of the natural environment for 
future generations.

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Received on: 21th of June, 2024
Accepted on: 27th of August, 2024

Published on: 20th of September, 2024