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LAW OF UKRAINE

of June 16, 1992 No. 2456-XII

About natural and reserved fund of Ukraine

(as amended on 17-06-2020)

This Law determines the legal basis of the organization, protection, effective use of natural and reserved fund of Ukraine, reconstruction of its natural complexes and objects.

The natural and reserved fund is constituted the land area and water space which natural complexes and objects have special nature protection, scientific, esthetic, recreational and other value and allocated for the purpose of preserving natural variety of landscapes, gene pool of animal and flora, maintenance of overall ecological balance and ensuring background monitoring of the surrounding environment.

With respect thereto the natural and reserved fund is protected by the legislation of Ukraine as national property concerning which the specific mode of protection of reconstruction and use is set.

Ukraine considers this fund as component of world system of the natural territories and objects which are under special protection.

Section 1. General provisions

Article 1. Tasks of the legislation of Ukraine about natural and reserved fund of Ukraine

Task of the legislation of Ukraine about natural and reserved fund of Ukraine is regulation of the public relations on the organization, protection and use of the territories and objects of natural and reserved fund, reconstruction of their natural complexes, management in this industry.

Article 2. Legislation of Ukraine on natural and reserved fund

The relations in industry of protection and use of the territories and objects of natural and reserved fund, reconstruction of its natural complexes are regulated by the Law of Ukraine "About protection of the surrounding environment", this Law and other acts of the legislation of Ukraine.

Article 3. Classification of the territories and objects of natural and reserved fund of Ukraine

In natural and reserved fund of Ukraine belong:

the natural territories and objects - natural wildlife areas, biospheric wildlife areas, national natural parks, regional landscape parks, wildlife areas, nature sanctuaries, reserved natural boundaries;

artificially created objects - botanical gardens, dendrology parks, zoological parks, nature sanctuaries, memorial parks of landscape gardening art.

Wildlife areas, nature sanctuaries, botanical gardens, dendrology parks, zoological parks and memorial parks of landscape gardening art depending on their ecological and scientific historical and cultural value can be nation-wide and local value.

Depending on origin, other features of natural complexes and objects which appear wildlife areas or nature sanctuaries, the purpose and the necessary mode of protection:

wildlife areas share on landscape, forest, botanical, all-zoological, ornithological, entomological, icthyological, hydrological, all-geological, paleontologic and karstic and speleological;

nature sanctuaries share on complex, the woods, botanical, zoological, hydrological and geological. Nature sanctuaries can be located in the territory of other objects of natural and reserved fund.

Additional categories of the territories and objects of natural and reserved fund can be established by the legislation of the Autonomous Republic of Crimea.

Article 4. Patterns of ownership on the territories and objects of natural and reserved fund

The territory of natural wildlife areas, reserved zones of biospheric wildlife areas, the earth and other natural resources provided to national natural parks are property of the Ukrainian people.

Regional landscape parks, zones - buffer, anthropogenous landscapes, the regulated reserved mode of biospheric wildlife areas, the earth and other natural resources included in structure, but not provided to national natural parks wildlife areas, nature sanctuaries, reserved natural boundaries, botanical gardens, dendrology parks, zoological parks and memorial parks of landscape gardening art can be both in property of the Ukrainian people, and in other patterns of ownership provided the legislation of Ukraine.

The botanical gardens, dendrology parks and zoological parks created before adoption of this law are not subject to privatization.

In case of change of patterns of ownership on the earth on which there are wildlife areas, nature sanctuaries, reserved natural boundaries, memorial parks of landscape gardening art land owners shall provide the mode of their protection and preserving with the corresponding re-registration of the guarding obligation.

Article 5. Legal basis of functioning of the territories and objects of natural and reserved fund

Tasks, scientific profile, nature of functioning and the mode of the territories and objects of natural and reserved fund are determined in regulations on them which are developed according to this Law, and affirm:

the central executive body which provides forming and realizes state policy in the field of protection of the surrounding environment concerning the territories and objects of natural and reserved fund of nation-wide value;

the regional, Kiev and Sevastopol city public administrations executive body of the Autonomous Republic of Crimea concerning protection
the surrounding environment concerning the territories and objects of natural and reserved fund of local value.

Tasks, features of the nature protection mode of nature sanctuaries and reserved natural boundaries are determined based on this Law directly in their source accounting documents.

Tasks, the particular nature protection mode of the territories and objects of natural and reserved fund which are created in the territories of exclusion zone and zone of unconditional (obligatory) settling out of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash are determined in regulations on them approved according to the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash".

Natural reserves, biospheric reserves, national natural parks, botanical gardens, dendrology parks, zoological parks of nation-wide value, and also regional landscape parks are legal entities.

Botanical gardens, dendrology parks, zoological parks of local value and memorial parks of landscape gardening art according to the legislation of Ukraine can be acknowledged as legal entities.

Article 6. Protection of the territories and objects which have special ecological, scientific, esthetic, economic, and also historical and cultural value

The territories and objects which have special ecological, scientific, esthetic, economic, and also historical and cultural value are subject to complex protection which procedure is determined by provision by each of such territories or objects which in connection therewith the Law and the legislation of Ukraine on protection of historical and cultural monuments affirms the central executive body which provides forming and realizes state policy in the field of protection of the surrounding environment and the central executive body which provides forming and realizes state policy in the field of culture.

Article 7. Earth of natural and reserved fund

The earth of natural and reserved fund are the land areas and water space with natural complexes and objects having special nature protection, ecological, scientific, esthetic, recreational and other value to which according to the law the status of the territories and objects of natural and reserved fund is provided.

The earth of natural and reserved fund of Ukraine, and also the earth of the territories and objects which have special ecological, scientific, esthetic, economic value and are objects of complex protection according to article 6 of this Law, treat lands of natural and reserved fund and other nature protection or historical and cultural appointment.

On lands of natural and reserved fund and other nature protection or historical and cultural appointment any activities which negatively influence or can negatively influence condition of natural and historical and cultural complexes and objects or interfere with their use on purpose are forbidden. On lands of the territories and objects of natural and reserved fund created in exclusion zone and zone of unconditional (obligatory) settling out of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash it is forbidden what - or activities which do not ensure the mode radiation safety.

Borders of the territories and objects of natural and reserved fund are established in nature according to the legislation. Before establishment of borders of the territories and objects of natural and reserved fund in nature of their border are determined according to projects of creation of the territories and objects of natural and reserved fund.

On use of the parcel of land or its part within natural and reserved fund restriction (burdening) in the amount provided by the law or the agreement can be set. Restriction (burdening) is subject to state registration and is effective during the term established by the law or the agreement.

The losses put owing to restriction (burdening) in land use are compensated according to the procedure, established by the Cabinet of Ministers of Ukraine.

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