of February 28, 1991 No. 796-XII
About the status and social protection of the citizens injured with the Chernobyl catastrophic crash
The Chernobyl catastrophic crash concerned destinies of millions of people. In many regions, in the huge territories there were new social and economic conditions. Ukraine is announced by zone of ecological catastrophe. Creation of system of reliable protection of people against effects of the Chernobyl catastrophic crash requires attraction of considerable financial, material and scientific resources.
This Law determines basic provisions by realization of constitutional right of the citizens injured with the Chernobyl catastrophic crash, on protection of their life and health and creates single procedure for determination of categories of zones is radioactive the contaminated territories, conditions of accommodation and labor activity on them, social protection of the injured population.
The law is directed to protection of the citizens who were injured owing to the Chernobyl catastrophic crash, and the solution of the related problems of medical and social nature which arose owing to radioactive pollution of the territory; the citizens who were injured owing to other nuclear accidents and testing, doctrines using nuclear weapon, and the solution of the problems of medical and social nature connected with it.
State policy in the field of social protection of the victims from the Chernobyl catastrophic crash, creation of conditions of accommodation and work in the contaminated territories is based on the principles:
the priority of life and human health which was injured from the Chernobyl catastrophic crash, complete responsibility of the state for creation of safe and harmless working conditions;
the complex solution of tasks of health care, social policy and use of the contaminated territories on the basis of the state target programs on these questions and accounting of other directions of economic and social policy, achievements in the field of science and environmental protection;
social protection of people, full recovery of damage to persons injured with the Chernobyl catastrophic crash;
uses of economic methods of improvement of life by carrying out policy of the preferential taxation of citizens, injured Chernobyl catastrophic crash, and their associations;
implementation of measures for professional reorientation and advanced training of affected population;
ensuring coordination of activities of state bodies, organizations, organizations and associations of the citizens solving different problems of social protection of affected population, and also cooperation and carrying out consultations between state bodies and victims (their representatives), between all social groups at decision making on social protection at the local and state levels;
international cooperation in the field of health care, social protection, labor protection, use of international experience of the organization of work on these questions.
Voided according to the Law of Ukraine of 28.12.2014 No. 76-VIII
Condition of accommodation and labor activity of the population without restrictions on radiation factor is obtaining additional due to pollution of the territory radioactive isotopes of the dose which is not exceeding the level of radiation 1,0 mzv (0,1 of rem) in year.
Entrance to exclusion zones and unconditional (obligatory) settling out for permanent residence is forbidden. Accommodation of the population in these zones is allowed only before settling out completion. The procedure for entrance for permanent residence to zone of the guaranteed voluntary settling out is determined by the decision of the Cabinet of Ministers of Ukraine.
The direction of young specialists after the termination of organizations of professional (professional), professional prehigher and higher education for work in exclusion zones, the unconditional (obligatory) and guaranteed voluntary settling out without their consent is forbidden.
The bases for settling out of citizens from the territories which underwent to radioactive pollution are provisions of the Concept of accommodation of the population in the territories of Ukraine with the increased levels of radioactive pollution as a result of the Chernobyl catastrophic crash. Stages of settling out are determined by the Concept.
The population living in zone of unconditional (obligatory) settling out is subject to obligatory settling out.
Each citizen living in zone of the guaranteed voluntary settling out has the right based on the objective information provided to it for health independently to make the decision on further accommodation on radiation situation, doses of radiation and their possible effects in this territory or settling out.
Conditions for settling out are created to the citizens who made the decision on departure from zone of the guaranteed voluntary settling out.
The citizens living in zones of the unconditional (obligatory) and guaranteed voluntary settling out, and also the families living in zone of the strengthened radio environmental control as a part of which there are expectant mothers or children up to 18 years have the right to independent resettlement (before creation of conditions for settling out) provided that they on the medical indicators determined by the central executive body, providing forming of state policy in the field of health care, cannot live in this zone, or in case of exceeding of individual effective equivalent dose of radiation of the person over 70 mzv (7 rem) for life.
The citizens who are settling out or independently moving use compensations provided by this Law.
Settling out and independent resettlement is allowed only to the areas which are not referred to categories of zones is radioactive the contaminated territories (Article 2), except for resettlements to close relatives.
The procedure for settling out and independent resettlement is determined by the Cabinet of Ministers of Ukraine.
Re-evacuation of the population is made only in voluntary procedure after decrease in radioactive pollution of the territory to the level providing safe conditions of accommodation without restrictions according to part one of article 3 of this Law. The decision on re-evacuation of the population is made by the Cabinet of Ministers of Ukraine.
Food and agricultural products in which content of radionuclides does not exceed the approved admissible levels are considered suitable for realization and consumption.
Admissible levels of content of radionuclides affirm as food and agricultural products the central executive body, providing forming of state policy in the field of health care.
Products made in zones of radioactive pollution shall have the certificate of conformity to the approved admissible levels of content of radionuclides in which data on products production site, content of radionuclides, the responsible producer of these products and the controller who checked it for content of radionuclides are specified.
Production and sales of products which radioactive impurity exceeds admissible levels of content of radionuclides except for of products of research and production and pilot nature, are prohibited.
In case of impossibility of use and conversion of products contaminated by radionuclides over the approved admissible levels it is liable to withdrawal and destruction according to the procedure, established by the Cabinet of Ministers of Ukraine, with compensation of the expenses connected with it by producers of the contaminated products.
The Cabinet of Ministers of Ukraine provides to citizens of Ukraine provision of complete, timely and reliable information about pollution levels with radioactive materials of areas on which they live or work, about impurity degree with radionuclides of food and property, about all requirements and conditions of observance of the mode of radiation safety.
Bodies of public control can check reliability of the specified information.
Persons injured with the Chernobyl catastrophic crash, other nuclear accidents and testing, doctrines using nuclear weapon are:
1) participants of recovery from the accident on the Chernobyl NPP are the citizens who were directly involved in liquidation of accident and its effects;
2) the victims from the Chernobyl catastrophic crash are citizens, including children, affected by radiation exposure as a result of the Chernobyl catastrophic crash;
3) the citizens who were directly involved in liquidation of other nuclear accidents and their effects, in nuclear testing, in military exercises using nuclear weapon in assembly of nuclear charges and implementation on them scheduled works;
4) the citizens who were affected by radiation exposure owing to any accident, abuse of regulations of operation of the equipment with radioactive material, abuses of regulations of storage and burial of radioactive materials which happened not because of victims.
On the Chernobyl NPP the citizens who were directly taking part in any works connected with elimination of the accident, its effects in exclusion zone in 1986-1987 irrespective of quantity of the working days, and in 1988-1990 - at least 30 calendar days, including carrying out evacuation of people and property from this zone, and also temporarily directed or the specified terms sent in for performance of works in exclusion zone, including the military personnel *, the employees of the state, public, other companies, organizations and organizations irrespective of their departmental subordination and also working at least 14 calendar days in 1986 at operating points of sanitary processing of the population and deactivation of the equipment or their construction are considered as participants of recovery from the accident. The list of these Items is determined by the Cabinet of Ministers of Ukraine.
* Here and further treat the military personnel: faces of officers, the ensigns, warrant officers, the military personnel of extra urgent service, persons liable for call-up called on military charges, female military personnel, and also sergeants (foremen), soldiers (sailors) who are (being) on the active conscription service in armed forces the leading and operational structure of bodies of Committee for State Security, face of the commanding and ordinary structure of law-enforcement bodies, and also other military forming.
From the Chernobyl catastrophic crash treat the victims:
1) evacuated from exclusion zone (including persons who at the time of evacuation were in condition of pre-natal development, on reaching them age of majority), and also settled out from zones of the unconditional (obligatory) and guaranteed voluntary settling out;
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