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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 19, 2022 No. 474

About approval of working procedures on dismantle of the objects damaged or destroyed owing to emergency situations, military operations or acts of terrorism

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

1. Approve Working procedures on dismantle of the objects damaged or destroyed owing to emergency situations, military operations or acts of terrorism which is applied.

2. Recommend to executive bodies of village, settlement, city councils, and in cases, stipulated by the legislation, to local public, military and civil or military authorities to take the measures provided by the approved this resolution Rather.

3. Bring in the list of the construction works which are not requiring the documents granting the right to their accomplishment and after which termination object is not subject to acceptance in operation, No. 406 approved by the resolution of the Cabinet of Ministers of Ukraine of June 7, 2017 (The Official Bulletin of Ukraine, 2017, No. 49, of the Art. 1527), and the Procedure for maintaining Single state electronic system in the field of construction approved by the resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 No. 681 "Some questions of ensuring functioning of Single state electronic system in the field of construction" (The Official Bulletin of Ukraine, 2021, No. 55, of Art. 3401; 2022, No. 4, the Art. 192), changes which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 19, 2022, No. 474

Working procedures on dismantle of the objects damaged or destroyed owing to emergency situations, military operations or acts of terrorism

1. This Procedure determines the mechanism of performance of works by dismantle of the buildings and constructions or their parts damaged or destroyed as a result of emergency situations, military operations or acts of terrorism based on the relevant decisions made by results of inspection according to the Procedure for carrying out 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, the Art. 1045).

2. This Procedure is applied by executive bodies of village, settlement, city councils, and in cases, stipulated by the legislation, - local public, military and civil or military authorities to the organization of operational activity for dismantle damaged or destroyed as a result of emergency situations, military operations or acts of terrorism, buildings and constructions or their parts (further - objects).

Action of this Procedure extends to dismantle of subjects to any appointment, irrespective of class of effects and pattern of ownership, except objects of defense and special purpose, objects of cultural heritage and objects on which operation of the Law of Ukraine "On use of nuclear energy and radiation safety" expatiates.

Action of this procedure does not extend to dismantle of objects which is carried out during execution of works on new construction, restoration, reconstruction and capital repairs, and also for the rescue and other urgent works provided by the Code of civil protection of Ukraine.

3. The terms used in this Procedure have the following value:

dismantling works (dismantle) - special type of the construction works performed on the damaged or destroyed objects for the purpose of liquidation (removal) of part or all of them structural elements;

the destroyed object - object on which owing to influence of external factors there was destruction in considerable amount of structural elements in this connection its recovery is impossible it (is considerably complicated) or is economically unreasonable;

the damaged object - object on which owing to influence of external factors there was partial destruction of structural elements, but which does not require complete dismantle and can be brought to ekspluatatsionno suitable state by further restoration, reconstruction or capital repairs;

project and technology documentation on dismantle (documentation on dismantle) - documentation containing decisions on the organization and technologies of dismantle of object.

4. The decision on dismantle of separate objects is made by executive committee of the relevant village, settlement, city council or in cases, stipulated by the legislation, local public, military and civil or military authorities based on the report constituted by results of inspection.

The decision on dismantle of object shall contain data relatively:

customer of dismantle;

location and short description of object;

identifier (registration number) of the report on inspection;

conditions and requirements to dismantle.

5. Dismantle of objects is carried out only after the end of accomplishment of the rescue and other urgent works directed to cancellation of dangerous factors, rescuing of life and preserving human health, localization of zones of emergency situations according to the Code of civil protection of Ukraine, and also after carrying out inspection of object on availability of explosive objects.

Prior to accomplishment of dismantling works the customer of dismantle provides disconnection of object from engineering networks.

6. Customers of dismantle are executive bodies of the relevant village, settlement, city councils, and in cases, stipulated by the legislation, local public, military and civil or military authorities.

7. Determination of the contractor (contractor) of dismantle is performed according to the legislation.

Involvement of contractors of dismantle is performed taking into account their material and technical resources and qualification of personnel for accomplishment of the corresponding works, considering their complexity and amounts.

Dismantle is carried out based on the agreement signed between the customer and the contractor.

8. The responsibility for violation of safety requirements and requirements of the legislation in the field of town-planning activities during dismantle is born by the contractor.

9. Carrying out dismantle does not require the documents granting the right to accomplishment of construction works. After the end of dismantle acceptance of object in operation is not performed.

In case of origin on object and/or the adjacent territory of danger to life and human health dismantle stops and measures for elimination of dangerous production factors are taken.

10. Dismantle can be partial or complete.

Partial dismantle assumes dismantling of parts of the damaged buildings and constructions.

Complete dismantle provides demolition (liquidation) of the destroyed buildings and constructions.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info