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LAW OF UKRAINE

of January 18, 2001 No. 2245-III

About objects of the increased danger

(as amended on 09-04-2014)

This Law determines legal, economic, social and organizational basis of the activities connected with objects of the increased danger and is directed to protection of life and human health and the environment against harmful effects of accidents on these objects by the prevention of their origin, restriction (localization) of development and mitigation of consequences.

Article 1. Determination of terms

In this Law the stated below terms are used in the following value:

the business entity - legal entity or physical person, in property or in use of which is available at least one object of the increased danger;

object of the increased danger - object on which are used, produced, processed one or several dangerous substances or categories of substances in the quantity equal or exceeding normative established threshold masses, and also other objects which are according to the law real threat of emergence of emergency situation of technogenic and natural nature are stored or transported;

dangerous substance - chemical, toxic, explosive, oxidizing, combustible substance, the biological agents and substances of biological origin (biochemical, microbiological, biotechnology medicines, microorganisms, pathogenic for people and animals, etc.) posing hazard to life and human health and the environment, set of properties of substances and/or features of their condition owing to which under certain circumstances the threat of life and to human health, the environment, material and cultural values can be created;

the threshold mass of dangerous substances - normative established mass of separate dangerous substance or category of dangerous substances or total mass of dangerous substances of different categories;

identification of objects of the increased danger - procedure for determination of objects of the increased danger among potentially dangerous objects;

potentially dangerous object - object on which can be used or dangerous substances, biological medicines, and also other objects which under certain circumstances can create real threat of emergence of accident are produced, processed, stored or are transported;

accident on object of the increased danger (further - accident) - the dangerous event of technogenic nature which resulted from changes in case of operation of object of the increased danger (above-standard emission of dangerous substances, the fire, explosion, etc.) and entailed death of people or creating threat of life and to human health and the environment in its territory and/or beyond its limits;

cross-border impact of accident - the damage caused to the population and the environment of one state owing to the accident which happened in the territory of other state;

risk - degree of probability of certain negative event which can take place in certain time or under certain circumstances in the territory of object of the increased danger and/or beyond its limits;

acceptable risk - the risk which is not exceeding in the territory of object of the increased danger and/or beyond its limits of maximum permissible level;

risk management - decision making process and implementation of the measures aimed at providing minimum possible risk;

the declaration of safety - the document determining package of measures which are accepted by business entity for the purpose of the prevention of accidents, and also ensuring readiness for localization, accident elimination and their effects.

Article 2. The legislation in the field of the activities connected with objects of the increased danger

The relations connected with activities of objects of the increased danger are regulated by the Constitution of Ukraine, this Law, the laws of Ukraine and other regulatory legal acts.

The relations connected with activities of objects of the increased danger within the territory of exclusive (sea) economic zone of Ukraine and on the continental shelf which is performed on the terms of agreements on distribution of products are regulated by this Law taking into account the features provided by the Law of Ukraine "About agreements on distribution of products".

Article 3. The state supervision and control in the field of the activities connected with objects of the increased danger

The state supervision and control in the field of the activities connected with objects of the increased danger perform the authorities authorized by the laws, including the central executive bodies and their territorial authorities (in case of education) to which maintaining according to the law questions are carried:

labor protections;

providing ecological safety and protection of the surrounding environment; protection of the population and territories against emergency situations of technogenic and natural nature;

the state supervision (control) in spheres of fire and technogenic safety;

town planning.

The state supervision and control of the activities connected with objects of the increased danger which is performed in accordance with the terms of the agreement on distribution of products within the territory of exclusive (sea) economic zone of Ukraine and on the continental shelf are performed taking into account the features provided by the Law of Ukraine "About agreements on distribution of products" and conditions of the relevant agreement on distribution of products".

Article 4. Powers of the Cabinet of Ministers of Ukraine in the field of the activities connected with objects of the increased danger

In the field of the activities connected with objects of the increased danger treat powers of the Cabinet of Ministers of Ukraine:

ensuring realization of state policy in the field of the activities connected with objects of the increased danger;

ensuring state regulation and control in the field of the activities connected with objects of the increased danger;

the decision according to the law of questions of regulation of land relations and uses of natural resources;

the organization of international cooperation in the field of the activities connected with objects of the increased danger;

coordination of work of the central bodies executive vlastiv to the field of activity connected with objects of the increased danger;

provision of permissions to construction and/or reconstruction, conservation (liquidation) of objects of the increased danger within the continental shelf and exclusive (sea) economic zone of Ukraine if another is not provided by the agreement on distribution of products;

implementation of other functions provided by the laws of Ukraine and acts of the President of Ukraine.

Article 5. Powers of the central executive bodies in the field of the activities connected with objects of the increased danger

In the field of the activities connected with objects of the increased danger treat powers of the central executive bodies:

implementation of state regulation and control in the field of the activities connected with objects of the increased danger;

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