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LAW OF UKRAINE

of December 6, 2018 No. 2641-VIII

About adjacent zone of Ukraine

This Law establishes the status and determines legal regime of adjacent zone of Ukraine, and also procedure for realization by Ukraine in this zone of the rights as coastal state according to the Convention of the UN on maritime law of 1982 and other international treaties, the universally recognized norms and the principles of international law, the Constitution and the laws of Ukraine.

Section I General provisions

Article 1. Determination of adjacent zone of Ukraine

1. Adjacent zone of Ukraine (further - contiguous zone) - the sea belt adjoining the territorial sea of Ukraine which external border is at distance no more than twenty four nautical miles counted from initial lines from which width of the territorial sea of Ukraine is measured.

Article 2. Delimitation of contiguous zone of Ukraine

1. Delimitation of contiguous zone between Ukraine and the states which coasts are opposite or adjacent to the coast of Ukraine is performed according to international treaties of Ukraine.

Article 3. The rights of Ukraine in adjacent zone

1. Ukraine in the contiguous zone exercises the control necessary for the purpose of:

1) prevention of violations of the customs, fiscal (tax), immigration (migratory), sanitary legislation of Ukraine within the territory of Ukraine, including its internal waters or the territorial sea;

2) the accountability for the violation of the law of Ukraine specified in Item 1 of this part, made within the territory of Ukraine including its internal waters or the territorial sea.

2. For the purpose of the prevention of violations of the law of Ukraine specified in Item of 1 part one of this Article, or accountability for its violations authorized body which provides immunity of frontier and protection of the sovereign rights of Ukraine in its adjacent and exclusive (sea) economic zones (further - authorized body) can perform the following events:

1) stop of courts;

2) survey of courts;

3) detention or detention of ships and/or members of their crew, except warships and other national courts used in non-commercial purposes.

3. If the vessel violated the law of Ukraine specified in Item of 1 part one of this Article and tries to disappear, the authorized body has the right to chase such vessel without delay for the purpose of his detention and accountability according to the Convention of the UN on maritime law of 1982. The right to prosecution stops as soon as the chased vessel enters the territorial sea of the state under the flag of which the vessel, or any third country floats.

4. Provisions of parts one - third this Article do not narrow the sovereign rights, jurisdiction and obligations of Ukraine determined by the Convention of the UN on maritime law of 1982 and the legislation of Ukraine which establishes legal status and determines legal regime of exclusive (sea) economic zone and the continental shelf of Ukraine.

Article 4. Competence of authorized body of adjacent zone

1. The actions determined by part two of article 3 of this Law are performed by authorized body on behalf of the captain (motor boat) based on decisions of authorized bodies of the government to which competence questions of prevention of violations of the customs, fiscal (tax), immigration (migratory), sanitary legislation are carried.

2. The authorized body can attract authorized bodies of the government to which competence questions of prevention of violations of the customs, fiscal (tax), immigration (migratory), sanitary legislation are carried to implementation of the actions determined by part two of article 3 of this Law.

Article 5. Features of realization of powers of authorized body in adjacent zone

1. Military personnel, employees of authorized body use and use physical force, special means, weapon and military equipment in the cases and procedure determined by the law.

2. In case of arrest or detention of the vessel authorized bodies of the government of Ukraine immediately notify the flag State on the taken measures and the applied sanctions.

3. Shutdown of automatic identification system by the vessel, except warships and other national courts used in non-commercial purposes is the basis for stop and examination of the vessel or its prosecution without delay according to the procedure, determined by article 3 of this Law.

Article 6. Research of archaeological and historical objects of cultural heritage in adjacent zone

1. Researches of archaeological and historical objects of cultural heritage in adjacent zone are conducted according to the procedure, established by the Cabinet of Ministers of Ukraine.

Section II Final provisions

1. This Law becomes effective from the date of, its publication following behind day.

2. During direct attraction to implementation of actions for ensuring national security and defense, repulse and control of the armed aggression of the Russian Federation in the Donetsk and Luhansk regions, and also for elimination of real threat of life and safety of person, to interests of society and state during accomplishment of office tasks around conducting anti-terrorist operation the military personnel, divisions, the ships and motor boats of authorized body has the right to apply and use weapon and military equipment in cases and procedure, stipulated by the legislation Ukraine for connections, military units and divisions of the Armed Forces of Ukraine.

3. Make changes to such laws of Ukraine:

1) paragraph two of preamble of the Law of Ukraine "About protection of cultural heritage" (Sheets of the Verkhovna Rada of Ukraine, 2000, No. 39, Art. 333; 2005, 5, 114) to state No. to the Art. in the following edition:

"Objects of cultural heritage which are in the territory of Ukraine, within its territorial sea and adjacent zone, protected by the state";

2) in the Law of Ukraine "About the State Border Service of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2003, No. 27, Art. 208; 2015, Art. No. 40-41, 379):

"the rights of Ukraine in it" to add Article 1 after words with words "to adjacent zone and";

in Article 9 part one:

shall be replaced with words words of "the ships in the territorial sea" "the ships in adjacent zone, the territorial sea";

after words "the rights of Ukraine to it" to add with words "to adjacent zone and";

shall be replaced with words the words "in this zone" "in these zones";

in Article 20 part one:

in Item 22 of the word of "the territorial sea" shall be replaced with words "the territorial sea, adjacent zone";

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