SOLUTION OF THE CONSTITUTIONAL COURT OF UKRAINE

of October 6, 2009 No. 24-rp/2009

On case on the constitutional representation of the Kiev regional council of rather official interpretation of provision of article 9 of the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash"

Case No. 1-33/2009

Constitutional court of Ukraine as a part of judges:

Strizhak Andrey Andreevich - the chairman,

Baulin Yury Vasilyevich,

Brintsev Vasily Dmitriyevich,

Vdovichenko Sergey Leonidovich,

Golovin Anatoly Sergeyevich - the speaker,

Didkovsky Anatoly Aleksandrovich,

Dombrovsky Ivan Petrovich,

Kamp Vladimir Mikhaylovich,

Mikhail Ivanovich's ear,

Lilak Dmitry Dmitriyevich,

Markush Maria Andreevna,

Machuzhak Yaroslava Vasilyevna,

Nikitin Yury Ivanovich,

Ovcharenko Vyacheslav Andreevich,

Stetsyuk Pyotr Bogdanovich,

Tkachuk Pavel Nikolaevich,

Shishkin Victor Ivanovich,

considered at plenary meeting case on the constitutional representation of the Kiev regional council of rather official interpretation of provision of article 9 of the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash" of February 27, 1991 N 791a (Sheets of the Verkhovna Rada of URSR, 1991 N 16, of the Art. 198) with subsequent changes (further - the Law).

The constitutional representation of the Kiev regional council became reason for consideration of the case according to articles 39, of 41 Law of Ukraine "About the Constitutional Court of Ukraine".

The basis for consideration of the case according to part one of article 93 of the Law of Ukraine "About the Constitutional Court of Ukraine" is practical need for official interpretation of provision of article 9 of the Law.

Having heard the judge-speaker Golovin A. S. and having researched case papers, the Constitutional Court of Ukraine established:

1. The person of law on the constitutional representation - the Kiev regional council - took the Constitutional Court of Ukraine with the petition to give official interpretation of provisions of article 9 of the Law by which it is determined that management of zone of unconditional (obligatory) settling out before complete settling out of inhabitants from the settlements carried to this zone, and control of zone of the guaranteed voluntary settling out is exercised of the relevant regional councils.

The author of the petition proves practical need for official interpretation of the specified provisions by the fact that in the Law as well as in other regulatory legal acts of Ukraine, content of the concept "management of zone of unconditional (obligatory) settling out" does not reveal. It, according to the person of law on the constitutional representation, does not give the chance to resolve single questions which arose in the course of implementation of management of zone of unconditional (obligatory) settling out (in particular, to appropriate addresses to real estate objects and to grant permission for receipt of certificates on the property right).

2. For the purpose of complete and comprehensive examination of the question which is brought up in the constitutional representation the Constitutional Court of Ukraine researched and analyzed the stated line items of the Ministry of Ukraine concerning emergency situations and for protection of the population against effects of the Chernobyl catastrophic crash, the Zhytomyr, Rivne, Chernihiv regional councils.

3. Constitutional court of Ukraine, resolving the question raised in the constitutional representation, considers necessary to give official interpretation of provision "management of zone of unconditional (obligatory) settling out before complete settling out of inhabitants from the settlements carried to this zone... it is performed by the relevant regional councils".

3.1. The Chernobyl catastrophic crash as it is specified in the Law preamble, created radiation situation extremely hazardous to health of people and the surrounding environment in the considerable territory of Ukraine. Elimination of effects of this catastrophic crash depends on legislative determination of legal regime of the territories, different on extent of radioactive pollution, and measures for its providing. The law regulates question of separation of the territory into the corresponding zones, the mode of their use and protection, condition of accommodation and work of the population, economic, research and other activity in these zones.

Depending on landscape and geochemical features of soil, the size of exceeding of natural doavariyny level of accumulating of radionuclides in the environment, the related degrees of possible negative impact on health of the population, requirements concerning implementation of radiation protection of the population and other special events, taking into account the general production and social relations the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash is divided, according to article 2 of the Law, into zones: alienations, unconditional (obligatory) settling out, the guaranteed voluntary settling out, the strengthened radio environmental control.

Management of exclusion zone, and also zone of unconditional (obligatory) settling out after complete settling out of inhabitants from the settlements carried to this zone and the termination with respect thereto in the specified Items of activities of councils performs special division of the Ministry of Ukraine concerning emergency situations and for protection of the population against effects Chernobyl katastrofyadministration of zone which has the status of the legal entity (part one of article 8 of the Law).

The administration of zone organizes and coordinates holding all actions in the exclusion zone territories, and also zones of unconditional (obligatory) settling out, resolves issues of their financing, protection of public order, protection of scientific and economic interests of the state, accepts measures to creation of safe working conditions and reduction of level of radiation of personnel which work at these territories, for the purpose of protection of his health, provides observance of regulations of radiation safety, procedure for the treatment of radioactive waste, and also bears responsibility for operational, complete and objective informing the population on ecological condition in these zones (part two of article 8 of the Law. I.e. The law determines powers of this Administration in exclusion zone and zone of unconditional (obligatory) settling out.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info