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LAW OF UKRAINE

of June 25, 1991 No. 1264-XII

About protection of the surrounding environment

(as amended on 13-04-2020)

Protection of the surrounding environment, national use of natural resources, providing ecological safety of life activity of the person - the integral condition of sustainable economic and social development of Ukraine.

For this purpose Ukraine performs in the territory the environmental policy directed to preserving live and inanimate nature of the environment, safe for existence, protection of life and health of the population from the negative impact caused pollution of the surrounding environment, achievement of harmonious interaction of society and the nature, protection, rational use and reproduction of natural resources.

This Law determines legal, economic and social basis of the organization of protection of the surrounding environment for the benefit of present and future generations.

Section I General provisions

Article 1. Tasks of the legislation on protection of the surrounding environment

Task of the legislation on protection of the surrounding environment is regulation of the relations in the field of protection, use and reproduction of natural resources, providing ecological safety, the prevention and liquidation of negative impact of economic and other activity on the surrounding environment, preserving the natural resources, genetic fund of wildlife, landscapes and other natural complexes, the unique territories and natural objects connected with historical and cultural heritage.

Article 2. Legislation of Ukraine on protection of the surrounding environment

The relations in the field of protection of the surrounding environment in Ukraine are governed by this Law, and also the land, water, forest legislation, the legislation on subsoil, on protection of atmospheric air, on protection and use of plant and animal life and other special legislation.

Article 3. Basic principles of protection of the surrounding environment

The basic principles, protection of the surrounding environment are:

a) priority of requirements of ecological safety, obligation of respect for environmental standards, standard rates and limits of use of natural resources when implementing economic, management and other activities;

b) guaranteeing ecologically safe circle for life and human health;

c) anticipatory nature of actions for protection of the surrounding environment;

d) ecologization of production of goods on the basis of complexity of decisions in questions of protection of the surrounding environment, use and reproduction of the recovered natural resources, widespread introduction of the latest technologies;

e) preserving space and specific variety and integrity of natural objects and complexes;

e) evidence-based approval of ecological, economic and social interests of society on the basis of combination of cross-disciplinary knowledge of ecological, social, natural and technical science and forecasting of condition of the surrounding environment;

є) obligation of environmental impact assessment;

g) publicity and democratism in case of decision making which realization influences condition of the surrounding environment, forming at the population of ecological outlook;

h) evidence-based regulation of impact of economic and other activity on the surrounding environment;

i) free of charge general and the paid nature of special use of natural resources for economic activity;

i) compensation of the damage caused by violation of the law about protection of the surrounding environment;

ї) the solution of questions of protection of the surrounding environment and use of natural resources taking into account degree of anthropogenous izmenennost of the territories, cumulative action of the factors which are negatively influencing ecological situation;

й) combination of measures of stimulation and responsibility in protection of the surrounding environment;

j) the problem resolution of protection of the surrounding environment on the basis of broad interstate cooperation;

k) establishment of ecological tax, rent payment for special use of water, collection for special use of forest resources, rent payment for use of natural resources according to the Tax code of Ukraine;

l) accounting of results of strategic ecological assessment.

Article 4. Property right to natural resources

Natural resources of Ukraine are property of the Ukrainian people.

On behalf of the Ukrainian people of the right of the owner perform public authorities and local government bodies in the limits determined by the Constitution of Ukraine, present and other laws of Ukraine.

Citizens of Ukraine have the right to use natural resources of Ukraine according to the present and other laws.

Article 5. Objects of legal protection of the surrounding environment

Are subject to the state protection and regulation of use in the territory of Ukraine: the surrounding environment as set of natural and natural and social conditions and processes, natural resources, as involved in economic circulation, not used in economy during this period (the earth, subsoil, waters, atmospheric air, the wood and other vegetation, fauna), landscapes and other natural complexes.

The territories and objects of natural and reserved fund of Ukraine and other territories and objects determined according to the legislation of Ukraine are subject to special state protection.

Also health and life of people are subject to the state protection from negative impact of adverse ecological situation.

Article 6. State target and other ecological programs

For the purpose of carrying out effective and purposeful activities of Ukraine for the organization and coordination of actions for protection of the surrounding environment, to providing ecological safety, rational use and reproduction of natural resources on perspective the state target, interstate, local programs are developed and adopted.

The procedure for development of the state target ecological programs is determined by the Cabinet of Ministers of Ukraine.

Central and local executive bodies, and also local government bodies in case of development of ecological programs involve the public in their preparation by promulgation of drafts of ecological programs for their studying by citizens, preparation by the public of notes and offers on the offered projects, carrying out public hearings about ecological programs.

Article 7. Education and education in the field of protection of the surrounding environment

Increase in ecological culture of society and professional training of specialists are provided with general compulsory complex education and education in the field of protection of the surrounding environment, including in preschool child care facilities, in system of general secondary, professional and higher education, advanced training and retraining of personnel.

Ecological knowledge is mandatory qualification requirement for all officials whose activities are connected with use of natural resources and leads to impact on condition of the surrounding environment.

Specially certain highest and professional educational institutions perform training of specialists in the field of protection of the surrounding environment and use of natural resources taking into account public requirements.

Article 8. Scientific research

In Ukraine systematic complex scientific research of the surrounding environment and natural resources for the purpose of development of scientific bases of their protection and rational use, providing ecological safety are conducted.

Coordination and generalization of results of these researches are performed by Academy of Sciences of Ukraine and the central executive body realizing state policy in the field of protection of the surrounding environment.

Section II Environmental laws and obligations of citizens

Article 9. Environmental laws of citizens of Ukraine

Each citizen of Ukraine has the right on:

a) surrounding environment, safe for his life and health;

b) participation in discussion and entering of offers into drafts of regulatory legal acts, materials on placement, construction and reconstruction of objects which can negatively influence condition of the surrounding environment, entering of offers into public authorities and local government bodies, the legal entities who are taking part in decision making on these questions;

c) participation in development and implementation of actions for protection of the surrounding environment, to rational and complex use of natural resources;

d) implementation of general and special use of natural resources;

e) consolidation in public nature protection forming;

e) open entry to information on condition of the surrounding environment (ecological information) and free receipt, use, distribution and storage of such information, except for the restrictions established by the law;

є) participation in public discussions on questions of impact of the planned activities on the environment;

g) receipt of ecological education;

h) presentation in court of claims to state bodies, the companies, organizations, the organizations and citizens for compensation of the damage caused to their health and property owing to negative impact on the surrounding environment.

i) appeal judicially decisions, actions or failure to act of public authorities, local government bodies, their officials on the violation of environmental laws of citizens according to the procedure provided by the law;

і) participation in process of implementation of strategic ecological assessment.

By the laws of Ukraine also other environmental laws of citizens can be determined.

Article 10. Guarantees of environmental laws of citizens

Environmental laws of citizens are provided:

a) holding large-scale governmental activities on maintenance, recovery and improvement of condition of the surrounding environment;

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