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LAW OF UKRAINE

of July 13, 2000 No. 1908-III

About zone of emergency ecological situation

(as amended on 23-12-2015)

Section I. General provisions

Article 1. Determination of zone of emergency ecological situation

Zone of emergency ecological situation - the certain area of Ukraine on which there was emergency ecological situation.

Emergency ecological situation - emergency situation in case of which on the certain area there were negative changes in the surrounding environment requiring application of emergency measures from the state.

Negative changes in the surrounding environment are loss, depletion or destruction of separate natural complexes and resources owing to the excessive pollution of the surrounding environment, destructive influence of forces majeure of the nature and other factors limiting or excluding possibility of life activity of the person and implementation of economic activity in these conditions.

Article 2. Legislation on zone of emergency ecological situation

The legislation on zone of emergency ecological situation is based on the Constitution of Ukraine, "About legal regime of emergency state", this Law and other laws, and also regulatory legal acts adopted according to them.

Article 3. Main objectives of the Law and sphere of its action

The main objectives of this Law are:

legal regulation of the relations arising when implementing the emergency measures directed to protection of life and human health and normalization of ecological condition in the territory of zone of emergency ecological situation;

determination of procedure for establishment of legal regime of zone of emergency ecological situation, its organizational, financial and material logistics, including corresponding mode of use, protection and reproduction of natural resources;

establishment of procedure for involvement of legal entities and physical persons to participation in emergency measures in the territory of zone and cost recovery of the works performed by them;

determination of procedure for compensation of the damage caused to legal entities and physical persons owing to emergence of emergency ecological situations or work on liquidation of their effects.

Article 4. The basic principles of regulation of legal regime in zone of emergency ecological situation

The basic principles of regulation of legal regime in zone of emergency ecological situation are:

priority of protection of life and human health;

firmness of constitutional rights and freedoms of man and citizen;

complexity of the measures directed to normalization of ecological condition;

providing the population with reliable information about state of environment, possible threat for life and human health and about accomplishment of the measures directed to normalization of ecological condition;

inevitability of responsibility of persons guilty of origin or complication of emergency ecological situation.

Section II. The bases and procedure for the announcement of the certain area zone of emergency ecological situation, change of borders of the territory of the specified zone

Article 5. Bases for the announcement of the certain area zone of emergency ecological situation

The bases for the announcement of the certain area zone of emergency ecological situation are:

considerable exceeding of maximum permissible regulations of the indicators of quality of the surrounding environment determined by the legislation;

emergence of real threat of life and to health of large number of people or causing significant material damage to legal, physical persons or the surrounding environment owing to excessive pollution of the surrounding environment, destructive influence of forces majeure of the nature or other factors;

the negative changes which happened in the surrounding environment in the considerable territory and which cannot be eliminated without application of emergency measures from the state;

the negative changes which happened in the surrounding environment which significantly limit or exclude possibility of accommodation of the population and implementation of economic activity in the corresponding territory;

significant increase in the illness rate of the population owing to negative changes in the surrounding environment.

Article 6. Procedure for the announcement of the certain area zone of emergency ecological situation

The certain area of Ukraine appears zone of emergency ecological situation the President of Ukraine according to the offer of the National Security and Defense Council of Ukraine or on representation of the Cabinet of Ministers of Ukraine. The presidential decree of Ukraine about the announcement of the certain area zone of emergency ecological situation affirms the Verkhovna Rada of Ukraine within two days from the date of the address of the President of Ukraine.

The Cabinet of Ministers of Ukraine brings idea of the announcement of the certain area zone of emergency ecological situation based on offers of the central executive body to which maintaining questions of ecological safety, Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations, local government bodies or on own initiative are carried.

Zone of emergency ecological situation or its certain areas the Verkhovna Rada of the Autonomous Republic of Crimea can initiate the announcement of the certain area of the Autonomous Republic of Crimea.

In the Presidential decree of Ukraine about the announcement of the certain area are specified by zone of emergency ecological situation, in particular:

the circumstances which served as the reason of the announcement of the certain area zone of emergency ecological situation;

reasons for need of the announcement of the certain area zone of emergency ecological situation;

borders of the territory on which the zone of emergency ecological situation appears;

measures on organizational, financial and to material logistics of life activity of the population in zone of emergency ecological situation;

the main measures which are entered for overcoming effects of emergency ecological situation;

restrictions for certain types of activity in zone of emergency ecological situation;

time from which the certain area appears zone of emergency ecological situation, and the term for which this territory appears such zone.

The presidential decree of Ukraine about the announcement of the certain area zone of emergency ecological situation immediately is brought to the attention of the population through mass media and the warning system of civil defense.

Article 7. Change of borders of the territory in which the zone of emergency ecological situation appears

Borders of the territory on which the zone of emergency ecological situation appears can be changed with observance of requirements, stipulated in Clause 6 these Laws.

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