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LAW OF UKRAINE

of June 24, 2004 No. 1868-IV

About streamlining of the questions connected with ensuring nuclear safety

(as amended on 19-06-2020)

This Law determines the legal and organizational principles of financial provision of activities for the termination of operation and to removal from operation of nuclear installations.

Section I. General provisions

Article 1. Determination of terms

The terms used in this Law have the following value:

the financial provision is the means of target financing and target receipts created by the operating organization (operator) during implementation of operation of nuclear installation by it on the special account in the State Treasury of Ukraine and the project developments of removal from operation of the corresponding nuclear installation and the measures provided by this project used for the purpose of financing;

the special account - the account which opens in the State Treasury of Ukraine for the purpose of forming of financial provision and implementation of settlement and cash transactions for financing of the measures provided by this Law.

The terms "the operating organization (operator)" and "nuclear installation" for the purposes of this Law are used in the value provided by the Law of Ukraine "About use of nuclear energy and radiation safety".

The terms "radioactive waste" and "specialized enterprise according to the treatment of radioactive waste" for the purposes of this Law are used in the value provided by the Law of Ukraine "About the treatment of radioactive waste".

Article 2. Law task

The main objective of the Law is:

legal regulation of the financial and economic relations arising in connection with the termination of operation and removal from operation of nuclear installations;

determination of form of business of forming of financial provision for the purpose of the termination of operation and removal from operation of nuclear installations;

ensuring target and effective use of means of financial provision for the termination of operation and removal from operation of nuclear installations.

Article 3. Law coverage

Operation of this Law extends to the relations arising in connection with accumulating of means and financing of the measures connected with the termination of operation and removal from operation of nuclear installations, ending removal of radiological restrictions for further use of the platform and constructions of nuclear installation.

Operation of this Law does not extend to the relations connected with:

termination of activities and removal from operation of research nuclear installations;

(The paragraph of third of part two of Article 3 it is suspended for 2006 according to the Law N3235-IV of 20:12. 2005)

mitigation of consequences of beyond design basis accidents of nuclear installations;

transfer by the operating organization (operator) of radioactive waste which are formed in case of removal from operation of nuclear installation, to specialized enterprise according to the treatment of radioactive waste;

removal from operation of nuclear installation, the decision on removal from which operation was made by authorized body before the expiration of the term of its operation established in certain procedure.

The relations which are not settled by this Law are regulated by the Law of Ukraine "About use of nuclear energy and radiation safety", the Law of Ukraine "About allowing activities in the field of use of nuclear energy" and other regulatory legal acts of Ukraine.

Section II. Legal basis and procedure of activities for the termination of operation and to removal from operation of nuclear installations

Article 4. Procedure for development and requirement to the project of removal from operation of nuclear installation

The termination of operation and removal from operation of nuclear installation are performed according to the project of removal from operation of nuclear installation.

The project of removal from operation of nuclear installation is developed by the operating organization (operator) based on the concept of removal from operation of nuclear installation and shall meet existing rules, rules and standards on nuclear and radiation safety.

The project of removal from operation of nuclear installation shall contain the feasibility statement on the project, the procedure for the termination of operation and removal of nuclear installation from operation determining priority, duration, the main content of stages of the termination of operation and removal of nuclear installation from operation and condition of nuclear installation after the termination of each stage.

Financial provision of project development of removal from operation of nuclear installation is performed at the expense of means of financial provision.

Financial provision of works on the termination of operation of nuclear installation is performed at the expense of means of financial provision in the limits determined by the project of removal from operation of nuclear installation.

Article 5. Approval procedure of the project of removal from operation of nuclear installation

The procedure for consideration and approval of the project of removal from operation of nuclear installation is established by the Cabinet of Ministers of Ukraine.

The project of removal from operation of nuclear installation shall be developed and approved no later than the date of the termination of operation of nuclear installation determined in accordance with the established procedure.

In case of lack of the approved project of removal from operation of nuclear installation activities for removal from operation of nuclear installation are financed by economic activity of the operating organization.

Section III. Financial provision of activities for the termination of operation and to removal from operation of nuclear installation

Article 6. Opening of the special account

The special account is opened in the State Treasury of Ukraine from the moment of input of the first nuclear installation in operation.

The regulations on the special account of the operating organization (operator) for forming of financial provision affirm the Cabinet of Ministers of Ukraine.

For each operating organization (operator) one special account, irrespective of the number of nuclear installations which operation it performs is opened.

Article 7. Sources of receipt of funds on the special account

The operating organization (operator) performs assignment of funds for the special account which size is determined percentage of the net income gained by it from sales of products (goods, works, services).

Into the special account are subject to transfer:

voluntary target contributions of physical persons and legal entities;

other receipts which are not prohibited by the law.

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