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LAW OF UKRAINE

of September 8, 2005 No. 2861-IV

About procedure for decision making about placement, design, construction of the nuclear installations and objects intended for radioactive wastes handling which have nation-wide value

(as amended on 17-10-2019)

This Law establishes the general legal basis of decision making about placement, design, construction of the nuclear installations and objects intended for radioactive wastes handling which have nation-wide value.

Article 1. The list of the nuclear installations and objects intended for radioactive wastes handling which have nation-wide value

The nuclear installations and objects intended for radioactive wastes handling which have nation-wide value are:

nuclear power plants;

nuclear heating plants;

research nuclear reactors;

the storages intended for storage of the fulfilled nuclear fuel or highly active A-waste with project storage duration more than 30 years (except the installations included in production cycle of nuclear installation);

geological storages for nuclear waste disposal and/or spent nuclear fuel.

Article 2. Competence of the Verkhovna Rada of Ukraine of decision making about placement, design, construction of the nuclear installations and objects intended for radioactive wastes handling which have nation-wide value

Decisions on placement, designing, construction of the nuclear installations and objects intended for radioactive wastes handling which have nation-wide value are accepted by the Verkhovna Rada of Ukraine by adoption of the relevant law on placement, designing, construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value.

Decisions on placement, designing, construction of the nuclear installations and objects intended for radioactive wastes handling, the Verkhovna Rada of Ukraine accepts only in case of approval of their placement in the territory local executive bodies and local government bodies.

The bill on placement, designing, construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value represents the Cabinet of Ministers of Ukraine to the Verkhovna Rada of Ukraine.

Article 3. Competence of local executive bodies and local government bodies

Decisions on approval of placement in the territories of administrative and territorial units of the nuclear installations and objects intended for radioactive wastes handling, having nation-wide value accept local executive bodies and local government bodies taking into account the opinion of the corresponding territorial community (the corresponding territorial communities) stated during public hearings.

The territory of administrative and territorial units (areas, the cities, settlements, villages) in which establishment of specific mode of the territory in the locations of the nuclear installations and objects intended for radioactive wastes handling is possible is considered the region where the possibility of placement of the nuclear installations and objects intended for radioactive wastes handling, having nation-wide value is considered. The sizes of this region are determined in the reasons for creation of nuclear installation or the object intended for radioactive wastes handling approved by the Cabinet of Ministers of Ukraine technical and economic, having nation-wide value, and the choice of site for their placement.

Article 3-1. Placement in exclusion zone and the unconditional (obligatory) settling out of the nuclear installations and objects intended for radioactive wastes handling, having nation-wide value

The decision on approval of placement in exclusion zone and the unconditional (obligatory) settling out of the nuclear installations and objects intended for radioactive wastes handling, having nation-wide value is accepted by the central executive body within which competence the question of legal regime of the territory which underwent radioactive pollution owing to Chernobyl accident is.

Article 4. Contents of the bill on placement, designing, construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value

In the bill on placement, designing, construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value are without fail specified:

the place of specific site where placement of installation or object is planned;

for nuclear installation (except storages for storage and burial of nuclear fuel) - the number of reactors, their type and general characteristic;

for storages for storage and burial of nuclear fuel - extreme parameters on amounts, general characteristics of fuel, term and general characteristics of technology of storage;

for the objects intended for radioactive wastes handling - general characteristics of A-waste and technologies of the treatment of them, limiting amounts of A-waste and storage duration;

for the companies which are building owners of the new nuclear installations or objects intended for radioactive wastes handling, having nation-wide value - the size of rate of charge on social and economic compensation of risk of the population living in the territory of observation zone which is determined according to requirements of article 12-1 of the Law of Ukraine "About use of nuclear energy and radiation safety".

Article 5. Reasons for adoption of law on placement, designing and construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value

Are applied to the bill on placement, designing and construction of nuclear installation or the object intended for radioactive wastes handling which have nation-wide value:

the feasibility statement on creation of such nuclear installation or the object intended for radioactive wastes handling, and the choice of the offered site for their placement;

results of environmental impact assessment;

results of advisory referendum concerning the placement of nuclear installation or object intended for radioactive wastes handling if it was held in administrative and territorial units, or decisions of the central executive body within which competence the question of legal regime of the territory which underwent to radioactive pollution owing to Chernobyl accident in case of their placement in exclusion zone and unconditional (obligatory) settling out is;

the report on actions for informing the adjacent states on possible influence in cross-border context according to the law;

other documents if it is provided by the law.

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