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LAW OF UKRAINE

of December 13, 2001 No. 2893-III

About the civil responsibility for nuclear damage and its financial provision

This Law governs the relations on the civil responsibility for nuclear damage, the procedure for compensation of the damage caused by nuclear incident is established, methods of financial provision of the civil responsibility and its limits are determined.

Section I. GENERAL PROVISIONS

Article 1. Determination of terms

1. In this Law the terms "the operating organization", "operator of nuclear installation" (further - the operator), "nuclear installation", "nuclear material", "nuclear damage" are used in the value determined in the Law of Ukraine "About use of nuclear energy and radiation safety".

2. Other terms in this Law are used in the following value:

Special drawing rights - the unit of account determined by the International Monetary Fund and used when implementing by it of own transactions and agreements;

the agreement on compensation of nuclear damage - the agreement signed between person to whom the nuclear damage, by the operator responsible for its causing, and the insurer (other financial guarantor) about compensation of nuclear damage by the operator is caused.

Article 2. The legislation on the civil responsibility for nuclear damage and its financial provision

1. This Law governs the relations on the civil responsibility for the nuclear damage caused by nuclear incident and to financial provision of such responsibility. Regulations of civil, nuclear, civil and procedural and other legislation of Ukraine are applied to the relations which are not settled by this Law.

2. Regulations of this Law are special concerning all other laws of Ukraine governing the relations in this sphere.

3. Any regulation in this Law cannot be considered as stopping force of the existing international treaties which consent to be bound is this the Verkhovna Rada of Ukraine for Ukraine. If international treaties which consent to be bound is this the Verkhovna Rada of Ukraine establish other rules, than those which contain in this Law are applied rules of international treaties.

Section II. BASES of the CIVIL RESPONSIBILITY FOR NUCLEAR DAMAGE

Article 3. The operator liability of nuclear installation for nuclear damage

The operator liability for nuclear damage and the bases of its origin are determined according to the Law of Ukraine "About use of nuclear energy and radiation safety" and the Vienna convention on the civil responsibility for nuclear damage.

Article 4. The damage which is subject to compensation and compensation method

1. Under this Law the nuclear damage is subject to compensation.

2. The nuclear loss is indemnified only in the form of monetary compensation.

Article 5. Procedure for compensation of nuclear damage

1. The nuclear loss can be indemnified based on the agreement on compensation of nuclear damage or the judgment.

2. The nuclear loss can be indemnified by the operator according to the agreement on compensation of nuclear damage signed by it with the victim with the assistance of the insurer (other financial guarantor). The agreement on compensation of nuclear damage shall:

conform to requirements of parts two, third and fourth article 6 of this Law;

be notarially certified if one of agreement parties is the physical person;

not violate the rights of the victims and other persons;

be registered according to the procedure, established by the Cabinet of Ministers of Ukraine.

Signing the agreement on compensation of nuclear damage, the injured person performs the right to compensation of nuclear damage.

3. In case of default of agreement between the parties the dispute on compensation of nuclear damage is allowed by court. For factual determination of nuclear incident, the fact of causing nuclear damage and causal relationship between them judicial expertize is surely carried out.

4. Claims for compensation of nuclear damage can be filed a lawsuit Ukraine on the location (residence) of the claimant, defendant or in the place of damnification.

Article 6. Limit of the civil responsibility for nuclear damage

1. The operator liability for nuclear damage is limited to the amount equivalent to 150 million (for pilot reactors to equivalent 5 million) Special drawing rights in national currency for each nuclear incident.

2. The operator liability for causing death is limited to the amount, equal 2000 not taxable minima of the income of the citizens established at the time of adjudication (the conclusion of the agreement on compensation of nuclear damage) for each dead.

3. The operator liability before each victim for the harm done to health is limited to the amount, equal 5000 not taxable minima of the income of the citizens established at the time of adjudication (the conclusion of the agreement on compensation of nuclear damage), but no more than the size of actually caused damage.

4. The operator liability in the face of for the damage caused to its property is limited to the amount, equal 5000 not taxable minima of the income of the citizens established at the time of adjudication (the conclusion of the agreement on compensation of nuclear damage), but no more than the size of actually caused damage.

5. Legal costs are not considered for the purposes of this Article and are subject to payment in full in addition to any compensation amount determined by court.

Section III. FINANCIAL PROVISION of the CIVIL RESPONSIBILITY FOR NUCLEAR DAMAGE

Article 7. Financial provision of the civil responsibility for nuclear damage

1. The operator shall have financial provision for covering of its responsibility for nuclear damage from the moment of the request for obtaining or prolongation of action of the license for operation of nuclear installation in limits of the amount equivalent to 150 million (for pilot reactors to equivalent 5 million) Special drawing rights for each nuclear incident.

The procedure and conditions of financial provision for operator liability covering for nuclear damage are established by the Cabinet of Ministers of Ukraine.

2. Financial provision of the civil responsibility for nuclear damage is performed by the operator in the way:

liability insurances for nuclear damage which can be caused owing to nuclear incident;

receipts of other types of financial provision provided by the laws of Ukraine.

Liability insurance for nuclear damage which can be caused as a result of nuclear incident is obligatory in the part which is not covered with other types of financial provision.

The state guarantee of financial provision of the civil responsibility for nuclear damage can be provided to the operator of nuclear installation by the Cabinet of Ministers of Ukraine.

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