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LAW OF UKRAINE

of November 16, 2021 No. 1882-IX

About critical infrastructure

This Law determines legal and organizational basis of creation and functioning of national system of protection of critical infrastructure and is legislation component in the sphere of homeland security.

Section I General provisions

Article 1. Determination of the main terms

1. In this Law the stated below terms are used in such value:

1) safety of critical infrastructure - condition of security of critical infrastructure in case of which are provided functionality, work continuity, renewability, integrity and stability of critical infrastructure;

2) the vital functions and/or services - functions and/or services which realization is provided with public authorities, local government bodies, organizations, subjects of managing and the organizations of any pattern of ownership which failures, interruptions and violations of provision lead to fast negative consequences of homeland security;

3) protection of critical infrastructure - all types of activity which are carried out before or during creation, functioning, recoveries and reorganization of object of critical infrastructure directed to timely identification, prevention and neutralization of safety hazards of objects of critical infrastructure, and also minimization and mitigation of consequences in case of their realization;

4) identification of object of critical infrastructure - the procedure of reference of infrastructure facility to infrastructure facilities;

5) incident of safety of critical infrastructure (further - incident) - the event or number of unfavorable events of accidental nature (natural, technical, technological, wrong, including owing to action of human factor) and/or having signs of unauthorized intervention in functioning of object of critical infrastructure which pose threat of its safety, to the process control system of object of critical infrastructure, create probability of violation of the normal mode of functioning of such object (including failure and/or blocking of work, and/or unauthorized management of its resources), threaten its security;

6) categorization of infrastructure facilities - reference of infrastructure facilities to categories of criticality of infrastructure facilities;

7) category of criticality (criterion) of object of critical infrastructure - the degree (relative level) of importance of object of critical infrastructure classified (categorized) depending on its influence on accomplishment of the vital functions and/or provision of the vital services;

8) crisis situation - violation or threat of violation of the normal mode of functioning of critical infrastructure or its separate object, response to which requires attraction of additional forces and resources;

9) critical infrastructure - set of objects of critical infrastructure;

10) critical technological information - data which are processed (are accepted, transferred, stored) in process control systems of objects of critical infrastructure;

11) national system of protection of critical infrastructure - set of governing bodies, forces and means central and local executive bodies (military civil authorities - in case of education), local government bodies, operators of critical infrastructure to which forming and/or realization of state policy in the sphere of protection of critical infrastructure is assigned;

12) unauthorized intervention - illegal actions which created threat to safe functioning of object of critical infrastructure and brought to one or several of the following consequences: broke its continuity and stability; created real or potential hazards for the population, society, social and economic condition of homeland security and defense of Ukraine;

13) objects of critical infrastructure - infrastructure facilities, systems, their parts and their set which are important for economy, homeland security and defense which violation of functioning can cause damage to the vital national interests;

14) the operator of infrastructure - the legal entity of any pattern of ownership or physical person entrepreneur who on the property rights, leases or on other legal causes exercises control of object of critical infrastructure and is responsible for its current functioning;

15) protection of objects of critical infrastructure - complex of regime, engineering, technical and other actions (except actions for information security and cyberprotection of objects of critical information infrastructure) which will be organized and held by subjects of national system of protection of critical infrastructure for the purpose of prevention and/or non-admission or the termination of illegal actions (acts of unauthorized intervention) on objects of critical infrastructure;

16) the material safety data sheet - the document of the established form containing data on object of critical infrastructure, and also package of measures, undertaken for protection of this object from the types of threats determined for it (the data containing in the material safety data sheet are information with limited access);

17) project threat to object of critical infrastructure - the document of the established form which determines properties and characteristics of real and potential hazards to object of critical infrastructure to which decrease in probability of realization functioning of system of protection of critical infrastructure shall be directed;

18) the register of objects of critical infrastructure - the automated system containing list of the most important for activity of society and state of critical infrastructure concerning which special safety requirements and stability are established and is performed monitoring of their observance;

19) the mode of functioning of critical infrastructure - the conditions determined by the operator and requirements to functioning of critical infrastructure depending on condition and dynamics of development of the situation (the normal mode of functioning; the functioning mode in crisis situation; recovery mode);

20) the level of criticality of object of critical infrastructure - relative measure of importance of object which considers its influence on possibility of accomplishment of the vital functions and provision of the vital services;

21) the sector of critical infrastructure - set of objects of critical infrastructure which belong to one sector (industry) of economy and/or have general functional focus;

22) sectoral body in the sphere of protection of critical infrastructure - the state body determined by the legislation responsible for ensuring forming and realization of state policy in the sphere of protection of critical infrastructure in private sector of critical infrastructure;

23) stability of critical infrastructure - infrastructure condition in case of which its capability is provided to function in the normal mode, to adapt to constantly changing conditions, to resist and to be recovered quickly after impact of threats of any kind;

24) functional body in the sphere of protection of critical infrastructure - the state body determined responsible for functioning of separate state systems of protection and reaction.

Article 2. Legislation on critical infrastructure and its protection

1. The legislation on critical infrastructure and its protection is constituted by the Constitution of Ukraine, this Law, other laws of Ukraine, the international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, other regulatory legal acts adopted in pursuance of this Law.

Article 3. Scope of this Law

1. This Law governs the relations in the sphere of functioning and protection of critical infrastructure in general and its objects in peace time.

2. Features of protection and legal regime of objects of critical infrastructure in the conditions of emergency situations, emergency and warlike situation, the special period are regulated by the laws of Ukraine "About legal regime of warlike situation", "About legal regime of extraordinary condition", "About functioning of single transport system of Ukraine during the special period" and "About defense of Ukraine".

3. The separate law governs the relations on ensuring cyberprotection and cyber security of objects of critical infrastructure.

The Section II the Basic principles of state policy in the sphere of protection of critical infrastructure

Article 4. Bases of state policy in the sphere of protection of critical infrastructure

1. Protection of critical infrastructure is component of ensuring national security of Ukraine.

2. State policy in the sphere of protection of critical infrastructure is based on the principles:

1) recognition of need of safety and stability of critical infrastructure;

2) determination of legislative requirements to the principles, priorities, strategic tasks, approaches on protection of critical infrastructure;

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