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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 19, 2022 No. 473

About approval of the Procedure for accomplishment of the urgent works on mitigation of consequences of the armed aggression of the Russian Federation connected with damage of buildings and constructions

List of amending documents

According to the Law of Ukraine "About legal regime of warlike situation", to the Presidential decree of Ukraine of February 24, 2022 No. 64 "About introduction of warlike situation in Ukraine", article 16 of the Code of civil protection of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for accomplishment of the urgent works on mitigation of consequences of the armed aggression of the Russian Federation connected with damage of buildings and constructions which is applied.

2. Recommend to executive bodies of village, settlement, city councils, and in case of their absence to military authorities to take the measures provided by the Procedure approved by this resolution.

3. Determine that the act of inspection of the object damaged as a result of the military operations caused by the armed aggression of the Russian Federation (the act of commission inspection of the object damaged as a result of the armed aggression of the Russian Federation) constituted according to Item 8-1 of the Procedure approved by this resolution, and/or the report on technical inspection constituted according to Item 9 of the Procedure approved by this resolution are documents, the damages confirming the fact or destructions of real estate owing to the armed aggression of the Russian Federation for the purposes of realization of provisions of Items 8-11 of the Section IV "Final and transitional provisions" of the Law of Ukraine "About consumer crediting".

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 19, 2022, No. 473

Procedure for accomplishment of the urgent works on mitigation of consequences of the armed aggression of the Russian Federation connected with damage of buildings and constructions

1. This Procedure determines the mechanism of rapid response of executive bodies of village, settlement, city councils, military authorities, central executive bodies, governing bodies and forces of civil protection directed to mitigation of consequences of the armed aggression of the Russian Federation, the buildings and constructions connected with damage in the territory of Ukraine except the territories of active fighting, the territories of active fighting in which the state electronic information resources function, or the territories of Ukraine which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting or temporary occupation is not determined (was conducted), and also it is applied to fixing of damages of buildings and constructions, caused by the armed aggression of the Russian Federation:

1) in the territory of Ukraine (except the territories of active fighting, the territories of active fighting in which the state electronic information resources function or the territories of Ukraine which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting or temporary occupation is not determined (was conducted)), - concerning buildings and constructions of private and utility pattern of ownership within accomplishment of urgent works according to Items 6, 7-9 presents About;

2) in the territories of active fighting, in the territories of active fighting in which the state electronic information resources function of the territories included in the list in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting is not determined, - concerning the buildings and constructions determined in Item 6-1 of this Procedure (was conducted).

2. This Procedure does not extend to works on mitigation of consequences of the armed aggression of the Russian Federation, the objects of cultural heritage connected with damage according to the Law of Ukraine "About protection of cultural heritage".

2-1. This Procedure can be also applied to fixing of damages of the buildings and constructions of the state pattern of ownership caused by the armed aggression of the Russian Federation.

3. Terms in this Procedure are applied in the following value:

urgent works on mitigation of consequences of the armed aggression of the Russian Federation, the buildings and constructions connected with damage (further - urgent works) - complex of the first-priority organizational and technical works and actions directed to liquidation of the dangerous effects of the armed aggression of the Russian Federation connected with damage of buildings and constructions, prevention of death of people, reduction of amounts of possible losses;

damages of buildings and constructions - violation of integrity of buildings and constructions, objects of construction in progress as a result of the beyond design basis impacts caused by fighting including hits of weapons of destruction, explosions, the fires and so forth.

Other terms in this Procedure are used in the value given in the Code of civil protection of Ukraine and the Laws of Ukraine "About antimine activities in Ukraine", "About compensation for damage and destruction of separate categories of real estate units as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine and the State register of the property damaged and destroyed as a result of the fighting, acts of terrorism, diversions caused by the armed aggression of the Russian Federation against Ukraine".

4. Urgent works are carried out for the purpose of liquidation of the dangerous effects of the armed aggression of the Russian Federation connected with damage of buildings and constructions, objects of construction in progress (further - the damaged objects), prevention of death of people, reduction of amounts of possible losses.

The organization and coordination of accomplishment of urgent works is performed by executive bodies of village, settlement, city councils, and in case of their absence - military authorities (further - authorized body) based on statements (messages) of citizens, the companies, organizations and the organizations, information obtained from mass media from the central executive bodies (GSChS, National police), military forming and so forth.

5. In case of origin in the corresponding territory of the manifestations of the armed aggression of the Russian Federation which caused damage of objects, authorized body:

reports to territorial authorities of GSChS, governing bodies and forces of civil protection, law enforcement agencies about damage of objects;

determines together with territorial authorities of GSChS, governing bodies and forces of civil protection zone of possible defeat - potentially dangerous territory in which as a result of fighting harm is done to objects, there is probability of pollution by explosive objects therefore there is threat of life or to human health;

will organize the notification of subjects of managing and the population about the risks connected with stay in zone of possible defeat;

determines places for warehousing of the waste formed owing to damage of objects, performance of works on dismantle according to Procedure for the address with waste which were formed in connection with damage (destruction) of buildings and constructions as a result of fighting, acts of terrorism, diversions or work on liquidation of their effects, the Cabinet of Ministers of Ukraine approved by the resolution of September 27, 2022 No. 1073;

determines places of destruction of the found explosive objects;

performs preliminary visual examinations of the damaged objects for the purpose of forming of lists of such objects, develops and approves the work plan on inspection (further - the work plan);

the paragraph of the eighth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 14.06.2022 No. 700

The inspection specialists determined in Items 2, 2-1 and 2-2 Procedures for carrying out the inspection of the construction objects accepted in operation approved by the resolution of the Cabinet of Ministers of Ukraine of April 12, 2017 No. 257 (The Official Bulletin of Ukraine, 2017, No. 33, of the Art. 1045) (further - the Procedure for carrying out inspection), specialists of divisions of GSChS, National police (under approval), and also if necessary - divisions of Armed Forces and the SSU can be involved in carrying out preliminary visual examinations of the damaged objects and plan development of works.

6. Inspection of the damaged objects is performed according to the decision of authorized bodies by the commission examination conducted according to Item 8-1 of this Procedure, and/or technical examination which is conducted according to Item 9 of this Procedure - according to the approved work plan.

Restriction of information access about the work plan is performed by the authorized body which is the manager of the specified information taking into account requirements of article 6 of the Law of Ukraine "About access to public information"

Inspection type (commission or technical), and also the priority and terms of performance of works are determined by inspection by authorized body during scheduling of works (taking into account results of preliminary visual examination of the damaged objects (nature and extent of the available damages), and also the available sources and the amounts of financing of works on inspection and the subsequent recovery of the damaged objects).

The work plan shall contain:

the list of the damaged objects which are subject to commission inspection (the name of object, object street address, information concerning legal entities or physical persons, being owners or managing directors of the damaged object), including concerning objects which by results of visual survey have insignificant damages and can be recovered by running repair;

the list of the damaged objects which are subject to technical inspection (the name of object, object street address, information on legal entities or physical persons, being owners or managing directors of the damaged object);

priority and terms of performance of works on inspection (commission/technical inspection), the main characteristics of objects and approximate amount and structure of works.

In the first place are subject to commission/technical inspection (further - inspection):

the damaged objects of social infrastructure (objects of organizations of preschool, general secondary education; healthcare institutions, organizations of social protection of the population), buildings of administrative assignment, including such in which administrative services are provided are deployed governing bodies and forces of civil protection, including rescue and fire fighting divisions and rescue services;

the damaged objects of housing and communal services (electro-, gazo-, heat supplies, water supply and water disposal, and also their network);

the damaged objects of dwelling stock, namely apartment apartment houses, hostels.

6-1. In the territories of active fighting, active fighting in which the state electronic information resources function of the territories included in the list in which are conducted fighting or temporarily occupied by the Russian Federation, the approved Minreintegration for which date of completion of fighting is not determined, in case of the corresponding situation of safety (lack of direct threat of the life and to human health during execution of inspection caused by military (fighting) operations) and on condition of availability of possibility of observance of measures, the stipulated in Item 8 presents About (was conducted), the authorized body can make the decision on carrying out inspection of the destroyed objects (buildings and constructions which by results of visual survey have considerable damages, are unsuitable for use on purpose and cannot be recovered by repair (including capital repairs) or reconstruction).

The decision on carrying out inspection of the destroyed objects is made by authorized body based on offers of the commission formed in compliance of Item 8-1 of this Procedure and shall contain information on inspection type (commission or technical).

At the same time the work plan is not constituted.

7. Preparation for carrying out inspection includes complex of organizational and technical actions which consists in:

determination of priority of inspection of the territories and the damaged objects on availability of explosive objects;

collection of primary information concerning object (the available project and technical documentation, including inventory cases, materials of technical inventory count of technical data sheets, executive documentation);

implementation of actions for determination of the owner or managing (asset holder) of object and its informing on carrying out inspection;

determination of the contractor on technical inspection of the damaged objects (further - the contractor on technical inspection) and the organization of works on technical inspection, including shift method (if carrying out technical inspection is provided with authorized body according to the work plan).

The organization of works on technical inspection as shift method is performed in conditions when daily delivery of workers to place of employment and back to the place of permanent residence cannot be provided or is economically inexpedient. At the same time it is necessary to consider the number of shift personnel, accommodation condition, duration of watch, means and delivery time of personnel to place of employment and back to the permanent address, the additional expenses connected using shift method, procedure for social and medical support of shift personnel.

8. Works on inspection of the damaged objects are performed after implementation of complex of actions on:

to rapid response to cases of identification of explosive objects, carrying out inspection (mine clearing) and accomplishment of the pyrotechnic works connected with neutralization of the revealed explosive objects with involvement of divisions of GSChS, National police, and also if necessary - divisions of Armed Forces and the SSU;

to performance of works on primary dismantle of parts of objects or its separate structural elements (in case of need) for the purpose of ensuring access to the damaged objects of forces of civil protection for carrying out rescue and other urgent works;

to performance of works on search of victims and dead by specialists of GSChS with involvement of municipal services and forming and specialized services of civil protection, transportation of bodies (remains) of the dead;

to implementation of operational investigative actions by law enforcement agencies within criminal proceedings.

8-1. For the purpose of ensuring carrying out commission inspection of the damaged objects by authorized body the commission in which structure are attracted specialists/specialist who graduated in knowledge domain "Construction and architecture", except specialty "Geodesy and Land Management" is created.

(Whenever possible) authorized representatives of the owner or managing (asset holder) object are involved in carrying out commission inspection.

By results of commission inspection the statement of inspection of the object damaged as a result of the military operations caused by the armed aggression of the Russian Federation is drawn up (further - the act of commission inspection) in which, in particular, it is specified:

information on authorized body which formed the commission, structure of the commission and the decision concerning its education, date of inspection;

information on pattern of ownership and the owner (managing) the damaged object (in the presence);

information on the damaged object - the name, the address, total area, the number of floors, sections, etc.;

information on amount and probable causes of damages (if it is possible to determine);

information about the rescue and recovery operations performed for date of inspection on object;

conclusions about need of carrying out technical inspection according to Item 9 of this Procedure or information on destruction/destruction of object (in case of its unfitness for use on purpose and total loss of the economic value by it).

In case of creation of the act of commission inspection for group of the damaged objects information provided by such act is specified for each object separately.

The results of photofixing of object testimonial of nature and amount of destructions are surely applied to the act of commission inspection.

The approximate form of the act of commission inspection is given in appendix.

After creation of the corresponding functionality the commission creates the act of commission inspection electronically by the Single state web portal of electronic services (further - the Action Portal).

Acts of commission inspection are transferred to the holder of the State register of the property damaged and destroyed as a result of fighting, acts of terrorism, diversions, connected with military aggression of the Russian Federation, within a month from the date of its creation. The authorized body whenever possible in writing notifies the owner (managing) about results commission inspection by sending the copy of the commission act within three calendar days from the date of creation of such act or by sending by means of the Action Portal.

In cases when at the time of carrying out commission inspection information concerning the owner (managing) damaged object is absent or the location of the owner (managing director) is unknown, the authorized body provides access to the act of commission inspection on demand.

9. Works on technical inspection of the damaged objects are performed according to Procedure for carrying out inspection.

In case of identification during inspection of building constructions, engineering networks and systems of defects and damages which can lead to sharp decrease in the bearing capability or collapse of separate designs, loss of stability of object and also to influence operation of the equipment, and such which create threat of life and to human health, the contractor on inspection instantly, but no later than in two-day time from the date of detection of the specified defects and damages, in writing informs on it authorized body.

At the same time the authorized body shall take measures for safety of the population which can be in zone of possible collapse of building constructions, buildings and constructions.

By results of technical inspection of the damaged objects by the contractor for inspection the report on technical inspection according to Item 8-1 of the Procedure for carrying out inspection is constituted.

The act of technical inspection which shall contain in particular information of the category of damages of object which is rather determined by results of inspection is also attached to the specified report (according to quantity and quality characteristics of damages):

there are insignificant damages of the bearing and protecting designs, but without violation of requirements for mechanical resistance and stability on limiting condition of the first and second group, - performance of works on recovery by repair, including capital repairs is recommended;

there are damages of the bearing and protecting designs which extent and nature testifies to need of performance of works on partial dismantle of parts of object or its separate designs, strengthening of object or its separate bearing and protecting designs, - performance of works on recovery of capital repairs, reconstruction is recommended;

objects are unsuitable for use on purpose, completely lost the economic value, there are damages of the bearing and protecting designs which extent and nature testifies to danger of emergency collapse of object (the destroyed objects), - accomplishment of urgent works on dismantle (liquidation) of object is recommended;

In case of performance of works on technical inspection by request of the owner (managing) damaged object the customer in writing notifies authorized body on the beginning of works on such inspection, and after carrying out inspection - free of charge provides to authorized body one copy of the report and the act of technical inspection.

In case of performance of works on technical inspection by request of authorized body the authorized body in writing notifies the owner (managing) damaged object on the beginning of works on inspection, and also provides the copy of the act of technical inspection.

10. The authorized body considers acts of commission inspection, reports and acts of technical inspection based on which for the purpose of taking measures to ensuring technogenic safety constitutes and submits regional commission concerning technogenic ecological safety and emergency situations lists:

potentially emergency and dangerous objects requiring urgent works on partial dismantle of parts of object or its separate designs;

the emergency and dangerous objects which are subject to dismantle, liquidation.

11. Regional commission concerning technogenic ecological safety and emergency situations instantly, but no later than in five-day time from the date of receipt of information from authorized body, considers taking into account information from law enforcement agencies (within the possible criminal proceedings connected with the armed aggression of the Russian Federation), and approves lists of the objects specified in Item 10 of this Procedure.

12. Based on the decision of regional commission concerning technogenic ecological safety and emergency situations authorized body:

approves lists of potentially emergency and dangerous objects which require urgent works on partial dismantle of separate parts and/or designs and emergency and dangerous objects which are subject to dismantle, liquidation, determines priority and terms of performance of works by dismantle;

will organize performance of works on dismantle according to Working procedures on dismantle of the objects damaged or destroyed as a result of emergency situations, military operations or acts of terrorism, the approved resolution of the Cabinet of Ministers of Ukraine of April 19, 2022 No. 474;

will organize works on collection, preliminary sorting and isolation of dangerous wastes (in case of opportunity), to transportation and temporary storage of the waste formed owing to performance of works on dismantle according to Procedure for the address with waste which were formed in connection with damage (destruction) of buildings and constructions as a result of fighting, acts of terrorism, diversions or work on liquidation of their effects, the Cabinet of Ministers of Ukraine approved by the resolution of September 27, 2022 No. 1073.

13. Recovery of the damaged objects by construction (capital repairs, reconstruction) is performed by the owner (managing), authorized body or other customer of construction based on the report of technical inspection agrees developed and approved in the procedure for the project documentation established by the legislation.

Appendix

to the Procedure

Approximate form of the act of commission inspection of the object damaged owing to the armed aggression of the Russian Federation

See Appendix (23Kb In original language)

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