CODE OF CIVIL PROTECTION OF UKRAINE

of October 2, 2012 No. 5403-VI

 

Section I General part

Chapter 1. General provisions

Article 1. The relations which are governed by the Code of civil protection of Ukraine

1. The code of civil protection of Ukraine governs the relations connected with protection of the population, the territories, the surrounding environment and property against emergency situations, response to them, functioning of single state system of civil protection and determines powers of public authorities, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, the rights and obligations of citizens of Ukraine, foreigners and stateless persons, the companies, organizations and the organizations irrespective of pattern of ownership.

Article 2. Determination of terms

1. In this Code terms are used in such value:

1) rescue service - set organizationally the joint governing bodies, forces and means intended for carrying out rescue and other urgent works;

2) rescue unit - division of rescue service, independent division, group, the center, rescue and fire fighting division (part);

3) rescue and other urgent works - the works sent to search, rescue and protection of the population, avoidance of destructions and loss of property, localization of zone of influence of dangerous factors, liquidation of factors which make impossible carrying out such works or threaten life of rescuers;

4) accident - dangerous event of technogenic nature which entailed defeat injuring of the population or creates in the separate territory or the territory of the subject of managing threat of life or to health of the population and leads to destruction of buildings, constructions, the equipment and vehicles, violation of production or transport process or causes above-standard, emergency emissions of pollutants and other adverse effect on the surrounding environment;

5) recovery work - complex of the works connected with recovery of buildings, constructions, the companies, organizations and organizations irrespective of pattern of ownership which were destroyed or damaged as a result of emergency situation, and the corresponding territories;

6) the road accident - event which took place during movement of the road vehicle as a result of which people died or were traumatized or the damage to property is caused. Level of emergency situation in case of the road accident is determined according to Procedure for classification of emergency situations of technogenic and natural nature which affirms the Cabinet of Ministers of Ukraine;

7) evacuation - organized removal or export from zone of emergency situation or zone of possible defeat of the population if there is threat of his life or to health, and also material and cultural values if there is threat of their damage or destruction;

8) epidemic - origin in certain territory for certain period of cases of infectious or noninfectious disease, the specific behavior connected with health or other events connected with health which exceed average long-term values or authentically exceed normal expectation by criteria known or unknown earlier and influence or tend to simultaneous impact on disproportionately large number of people within the territory population. The quantity of the cases testimonial of epidemic availability depends on the activator, number and type of the population which underwent to influence, the previous experience or lack of contact with disease, time and the place of origin;

9) epizooty - wide circulation of infectious disease of animals for short period which considerably exceeds the regular illness rate this disease in the corresponding territory;

10) epiphytoty - wide circulation in the territory of one or several administrative and territorial units of infectious disease of plants which considerably exceeds the regular illness rate this disease in the corresponding territory;

11) prevention of emergence of emergency situations - complex of the legal, social and economic, political, organizational and technical, sanitary and hygienic and other actions directed to regulation of technogenic and natural safety, evaluating risk levels, advance response to threat of emergence of emergency situation on the basis of data of monitoring, examination, researches and forecasts of rather possible current of events for the purpose of non-admission of their development into emergency situation or mitigation of its possible effects;

12) means of fire protection - the technical means intended for prevention, identification, localization and liquidation of the fires, protection of people, material values and the environment against influence of dangerous factors of the fire;

13) means of civil protection - fire-proof, rescue and other special technology, the equipment, mechanisms, devices, tools, products of medical appointment, medicines, means of collective and individual protection which are intended and are used during execution of tasks of civil protection;

14) protective constructions of civil protection - the engineering constructions intended for protection of the population against influence of dangerous factors which result from emergency situations, military operations or acts of terrorism;

15) zone of possible defeat - the separate territory, the water area on which approach of emergency situation is resulted by threat of life or to human health and the damage to property is caused;

16) zone of emergency situation - the separate territory, the water area where there was emergency situation;

17) engineering protection of the territories - complex of the organizational and technical actions directed to prevention of emergence of emergency situations, ensuring protection of the territories, settlements and subjects of managing from their effects and danger which can arise during military (fighting) operations or as a result of such actions, and also creation of conditions for ensuring steady functioning of subjects of managing and the territories during the special period;

18) technical actions of civil protection - complex of the technical decisions directed to prevention of emergence of emergency situations, ensuring protection of the population and the territories from them and dangers which can arise during military (fighting) operations or as a result of such actions, and also creation of conditions for ensuring steady functioning of subjects of managing and the territories during the special period;

19) catastrophic crash - accident big in terms of the scope of or other event which leads to serious consequences;

20) classification sign of emergency situations - technical or other characteristic of dangerous event which predetermines emergence of situation which is determined as emergency situation;

21) classification of emergency situations - system according to which emergency situations are divided into classes and subclasses depending on nature of their origin;

22) mitigation of consequences of emergency situation - carrying out complex of actions which includes rescue and other urgent works which are carried out in case of emergency situation are directed to cancellation of dangerous factors, rescue of life and preserving human health, and also to localization of zone of emergency situation;

23) medico-psychological recovery - complex of the treatment-and-prophylactic, rehabilitation and improving actions directed to recovery of psychophysiological functions, optimum working capacity, social activity of rescuers of rescue services (forming), persons involved in accomplishment of the wrecking in case of emergency situation and also injured with such emergency situation, first of all minors;

24) emergency situation - situation in the separate territory or the subject of managing on it or water object which is characterized by violation of normal conditions of life activity of the population caused by catastrophic crash, accident, the fire, natural disaster, epidemic, epizooty, epiphytoty, use of weapons of destruction or other dangerous event which brought (can bring) to emergence of threat of life or health of the population, large number of dead and injured, drawing considerable loss of property, and also to impossibility of accommodation of the population in such territory or object, implementation on it economic activity;

25) dangerous event - event, including catastrophic crash, accident, the fire, natural disaster, epidemic, epizooty, epiphytoty which on the effects poses threat of life or to health of the population or leads to drawing loss of property;

26) dangerous factor - the component of the dangerous phenomenon (the fire, explosion, emission, threat of emission of dangerous chemical, radioactive and biologically dangerous substances) or process which is characterized by physical, chemical, biological or other effect (influence) exceeding of normative indicators and creates threat of life and/or to health of the person;

27) nonprofessional object rescue services - services which are created from among technical and other experienced workers of subjects of managing who gained necessary knowledge and skills in carrying out rescue and other urgent works and are capable to perform for health reasons works in extreme conditions;

28) unspecialized rescue service - the professional or nonprofessional rescue service which has the trained rescuers and appropriate means of civil protection and is intended for carrying out rescue and other urgent works which do not require the corresponding specialization;

29) No. 1686-IX Is excluded according to the Law of Ukraine of 15.07.2021

30) Operational rescue service of civil protection - special not military consolidation of rescue and other forming, governing bodies of such forming of system of the central executive body, realizing state policy in the field of civil protection;

31) the notification - finishing signals and messages of governing bodies of civil protection on threat and emergence of emergency situations, accidents, catastrophic crashes, epidemics, the fires and so forth central and to local executive bodies, the companies, organizations, the organizations and the population;

31-1) governing bodies of civil protection - executive bodies, Council of Ministers of the Autonomous Republic of Crimea, executive bodies city, district in the cities (in case of their creation), settlement and village councils, governing bodies of the companies, organizations and the organizations, and also their structural divisions (officials) intended for implementation of direct management of activities in the field of civil protection according to competence;

32) the fire - uncontrollable process of destruction or damage by fire of property during which there are factors dangerous to beings and the surrounding environment;

33) fire safety - lack of unacceptable risk of origin and development of the fires and the related possibility of harming living beings, material values and the environment;

34) fire protection - type of activity which consists in prevention of emergence of the fires and protection of life and health of the population, material values, the surrounding environment from influence of dangerous factors of the fire;

35) injured with emergency situation of technogenic or natural nature (further - victims) - persons to whose health harm as a result of emergency situation is done;

36) professional rescue service - rescue service which employees work according to the employment contract and rescuers, besides, undergo professional, special physical, medical and psychological training;

37) emergency response and liquidation of their effects - the coordinated actions of subjects of ensuring civil protection which are performed according to the plans of emergency response specified in the conditions of specific type and level of emergency situation and consist in the organization of works on mitigation of consequences of emergency situation, cancellation or influence of the dangerous factors caused by it, to rescue of the population and property, localization of zone of emergency situation, and also liquidation or minimization of its effects which pose threat of life or to health of the population, damnification of the territory, the surrounding environment or property;

38) forces of civil protection - the rescue units, specialized services and other forming of civil protection intended for carrying out rescue and other urgent works on liquidation of emergency situations;

39) the warning system - complex of organizational and technical actions, the equipment and technical means of the notification, equipment, means and communication channels intended for timely finishing signals and information on emergence of emergency situations central and to local executive bodies, the companies, organizations, the organizations and the population;

40) specialized rescue service - the professional rescue service which has the trained rescuers and appropriate means of civil protection and is intended for carrying out rescue and other urgent works with extra risk for life and health, in particular for suppression of gas fountains, carrying out diving and mine-rescue works;

41) specialized service of civil protection - the companies, organizations, the organizations combined for task performance in the field of civil protection of the corresponding functional orientation;

42) natural disaster - the natural phenomenon which uses the force from big destructive does considerable harm to the territory on which occurs, breaks normal life activity of the population, causes loss of property;

43) technogenic safety - lack of risk of emergence of accidents and/or catastrophic crashes on objects which can create real threat of their origin. Technogenic safety characterizes condition of protection of the population and the territories from emergency situations of technogenic nature. Ensuring technogenic safety is special (specific) function of protection of the population and the territories from emergency situations.

2. The term "object of the increased danger" is used in the value given in the Law of Ukraine "About objects of the increased danger".

Article 3. Legal basis of civil protection

1. The legal basis of civil protection is the Constitution of Ukraine, this Code, other laws of Ukraine the existing international agreements of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine, and also acts of the President of Ukraine and the Cabinet of Ministers of Ukraine.

Article 4. Civil protection

1. Civil protection - complex of actions which are implemented in the territory of Ukraine in peace time and during the special period and are directed to protection of the population, the territories, the surrounding environment, property, material and cultural values against emergency situations and other dangerous events, prevention of emergence of such situations and events, liquidation of their effects, assistance to victims, implementation of the state supervision (control) in the field of fire and technogenic safety.

Article 5. Classification of emergency situations

1. Emergency situations are classified by nature of origin, extent of distribution, the amount of human losses and loss of property.

2. Depending on nature of origin of events which can cause emergence of emergency situations in the territory of Ukraine such types of emergency situations are determined:

1) technogenic nature;

2) natural nature;

3) social;

4) military.

3. Depending on amounts of the effects caused by emergency situation, amounts of the technical and material resources necessary for their liquidation, such levels of emergency situations are determined:

1) state;

2) regional;

3) local;

4) object.

4. The procedure for classification of emergency situations by their levels is established by the Cabinet of Ministers of Ukraine.

5. Classification signs of emergency situations are determined by the central executive body, providing forming of state policy in the field of civil protection.

Article 6. Subjects of ensuring civil protection

1. Civil protection is provided taking into account the features determined by the Law of Ukraine "About homeland security of Ukraine" with subjects, representatives to protect the population, the territories, the surrounding environment and property, according to requirements of this Code - in peace time, and also during the special period - within implementation of actions of the state concerning defense of Ukraine.

Subjects of ensuring civil protection are the central executive bodies, other state bodies, Council of Ministers of the Autonomous Republic of Crimea, local public administrations, local government bodies, subjects of managing, public organizations.

2. Coordination of activities of executive bodies in the field of civil protection within the powers is performed:

1) National Security and Defense Council of Ukraine;

2) Cabinet of Ministers of Ukraine.

3. For coordination of activities central and local executive bodies, the companies, organizations and the organizations, connected with technogenic ecological safety, protection of the population and the territories, prevention and emergency response:

1) the Cabinet of Ministers of Ukraine forms State commission concerning technogenic ecological safety and emergency situations;

2) the Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations form regional commissions concerning technogenic ecological safety and emergency situations;

3) district public administrations, executive bodies city, district in the cities (in case of their creation), settlement and village councils form the local commissions on questions of technogenic ecological safety and emergency situations;

4) governing bodies of the companies, organizations and the organizations form the commissions on questions of emergency situations.

4. For coordination of works on liquidation of specific emergency situation and its effects at the state, regional, local and object levels the special commissions on liquidation of emergency situation are formed.

Article 7. Basic principles of implementation of civil protection

1. Civil protection is performed on such basic principles:

1) guaranteeing and ensuring constitutional rights of citizens with the state on protection of life, health and property, and also accomplishment in wartime of regulations of international humanitarian law;

2) integrated approach to the solution of tasks of civil protection;

3) priority of the tasks directed to rescue of life and preserving health of citizens;

4) greatest possible, economically reasonable reduction of risk of emergence of emergency situations;

5) centralization of management, one-man management, subordination, authorized discipline of Operational rescue service of civil protection, rescue services;

6) publicity, transparency, free receipt and distribution of public information on condition of civil protection, except the restrictions established by the law;

7) voluntariness - in case of involvement of citizens to implementation of the actions of civil protection connected with risk for their life and health;

8) responsibility of officials of public authorities and local government bodies for observance of requirements of the legislation concerning civil protection;

9) justified risk and responsibility of heads of forces of civil protection for safety during rescue and other urgent works.

Section II Single state system of civil protection

Chapter 2. Single state system of civil protection and its components

Article 8. Single state system of civil protection

1. Ensuring realization of state policy in the field of civil protection is performed by single state system of civil protection which consists of functional and territorial subsystems.

2. Regulations on single state system of civil protection, standard regulations on functional and territorial subsystems affirm the Cabinet of Ministers of Ukraine.

3. The main tasks of single state system of civil protection are:

1) ensuring readiness of the ministries and others central and the local executive bodies, local government bodies subordinated to them forces and means to the actions directed to prevention and emergency response;

2) ensuring implementation of measures for prevention of emergence of emergency situations;

3) training of the population concerning behavior and actions in case of emergency situation;

4) accomplishment of the state target programs directed to prevention of emergency situations, ensuring permanent functioning of the companies, organizations and organizations, reduction of possible material losses;

5) information processing about emergency situations, the edition of information materials concerning protection of the population and the territories against effects of emergency situations;

6) forecasting and assessment of social and economic effects of emergency situations, determination on the basis of the forecast of need for forces, means, material and financial resources;

7) creation, rational preserving and use of reserve of the material and financial resources necessary for prevention and emergency response;

8) the notification of the population about threat and emergence of emergency situations, timely and reliable informing on the actual situation and the taken measures;

9) protection of the population in case of emergency situations;

10) carrying out rescue and other urgent operations on mitigation of consequences of emergency situations, the organization of life support of affected population;

11) mitigation of possible effects of emergency situations in case of their origin;

12) implementation of measures for social protection of affected population;

13) realization of the rights determined by the law in the field of protection of the population against effects of emergency situations, including persons (or their families) who were directly involved in liquidation of these situations;

14) other tasks determined by the law.

4. Additional tasks of single state system of civil protection during the recovery period are:

carrying out target mobilization for mitigation of consequences of conducting military operations and emergency situations;

mitigation of consequences of military operations in settlements and in the territories which were affected by weapons of destruction;

taking measures for recovery of objects of critical infrastructure of the sphere of life support of the population;

determination of settlements and areas which need conducting humanitarian mine clearing, marking of dangerous sites, carrying out cleaning (mine clearing) the territories;

attraction to mitigation of consequences of conducting military operations and emergency situations of international aid.

Article 9. Functional subsystems of single state system of civil protection

1. Functional subsystems of single state system of civil protection (further - functional subsystems) are created by the central executive bodies in the respective sphere of public life.

2. Regulations on functional subsystems are developed based on standard regulations on such subsystem and affirm the central executive bodies which created them, in coordination with the central executive body, realizing state policy in the field of civil protection.

If activities of the central executive bodies go and coordinated by the Cabinet of Ministers of Ukraine through the corresponding minister, the specified provisions affirm such ministers in coordination with the central executive body which provides forming and implements state policy in the field of civil protection.

3. The list of the central executive bodies which create functional subsystems is determined by Regulations on single state system of civil protection.

4. The direct management of functional subsystem is assigned to the head of body, the subject of managing who created such subsystem.

5. Governing bodies and forces of civil protection subordinated to them, appropriate subjects of managing which perform tasks of civil protection are part of functional subsystems.

Article 10. Territorial subsystems of single state system of civil protection, their links and sublinks

1. Territorial subsystems of single state system of civil protection (further - territorial subsystems) are effective in the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol.

2. Regulations on territorial subsystems are developed based on standard regulations on such subsystem and affirm respectively Council of Ministers of the Autonomous Republic of Crimea or local public administrations in coordination with the central executive body, realizing state policy in the field of civil protection.

3. Links of territorial subsystems are created:

1) Council of Ministers of the Autonomous Republic of Crimea - in the regions of the Autonomous Republic of Crimea;

2) district, district public administrations in the cities of Kiev and Sevastopol - in areas, areas in the cities of Kiev and Sevastopol;

3) No. 2081-IX Is excluded according to the Law of Ukraine of 17.02.2022

4. Sublinks of links of territorial subsystems are created by executive bodies of village, settlement, city councils.

5. Regulations on link of territorial subsystem and its sublinks affirm body which created it.

6. The direct management of territorial subsystem, its link of sublink is assigned to the official heading body which created such subsystem, link, sublink.

7. The direct management of territorial subsystem of the Autonomous Republic of Crimea is assigned to Council of Ministers of the Autonomous Republic of Crimea.

8. The structure of territorial subsystems of their links and sublinks includes governing bodies and forces of civil protection subordinated to them, appropriate subjects of managing.

Chapter 3. Functioning of single state system of civil protection

Article 11. Modes of functioning of single state system of civil protection

1. The single state system depending on scales and features of emergency situation which is predicted or arose, functions in the modes:

1) daily functioning;

2) the increased readiness;

3) emergency situation;

4) emergency state.

2. Conditions and procedure for introduction of high alerts and emergency situation, the list of actions, tasks and order of interaction of subjects of ensuring civil protection in the specified modes are determined by the prevention and mitigation of consequences of emergency situations by Regulations on single state system of civil protection which affirm the Cabinet of Ministers of Ukraine.

3. During the special period including in wartime the single state system of civil protection functions according to this Code and taking into account features which are determined according to requirements of regulations of international humanitarian law of the laws of Ukraine "About legal regime of warlike situation", "About mobilization preparation and mobilization", and also other regulatory legal acts.

4. High alert and emergency mode of single state system of civil protection in full or partially for its separate components are established:

1) according to the decision of the Cabinet of Ministers of Ukraine - for single state system of civil protection in full or partially for its separate functional or territorial subsystems;

2) according to the decision of the central executive body which formed functional subsystem - for the corresponding functional subsystem;

3) according to the decision of Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations - for the corresponding territorial subsystem in full or partially for its separate components;

4) according to the decision of district public administrations - for the corresponding link of territorial subsystem in full or partially for its separate sublinks;

5) according to decisions of executive bodies of village, settlement, city councils - for the corresponding sublink of link of territorial subsystem.

Article 12. Mode of daily functioning

1. The mode of daily functioning of single state system of civil protection is set under conditions of normal production and industrial, radiation, chemical, seismic, hydrometeorological, technogenic and fire situation of hydrogeology and in the absence of epidemics, epizooty, epiphytoties.

Article 13. High alert

1. The bases for temporary establishment for single state system of civil protection in full or partially for its separate components of high alert are:

1) at the national level - threat of emergence of emergency situation of the national level;

2) at the regional level - threat of emergence of emergency situation of the regional level;

3) at the local level - threat of emergence of emergency situation of local level;

4) for functional subsystem - threat of emergence of emergency situation on objects of the corresponding functional subsystem.

Article 14. Emergency mode

1. The bases for temporary establishment for single state system of civil protection in full or partially for its separate components of emergency mode are:

1) at the national level - emergence of emergency situation of the national level;

2) at the regional level - emergence of emergency situation of the regional level;

3) at the local level - emergence of emergency situation of local level;

4) for functional subsystem - emergence of emergency situation on objects of the corresponding functional subsystem.

Article 15. Emergency rule

1. The emergency rule for single state system of civil protection in full or partially for its separate territorial subsystems is temporarily established within the territory in which the legal regime of emergency state according to the Law of Ukraine "About legal regime of emergency state" is introduced.

Section III of Power of subjects of ensuring civil protection

Chapter 4. Powers of executive bodies, local government bodies, tasks and obligations of subjects of managing, the right and obligation of citizens of Ukraine in the field of civil protection

Article 16. Powers of the Cabinet of Ministers of Ukraine in the field of civil protection

1. In the field of civil protection belongs to powers of the Cabinet of Ministers of Ukraine:

1) management of single state system of civil protection;

2) organization of implementation of measures for mitigation of consequences of emergency situations;

3) establishment of procedure for reference of the territory and settlements to the corresponding groups of civil protection, and subjects of managing - to the corresponding categories of civil protection;

4) reference of the territory and settlements to groups of civil protection, approval of their list;

5) creation of reserve of individual protection equipment and material reserves for prevention and mitigation of consequences of emergency situations, determination of their amount and procedure for use;

6) taking measures to ensuring readiness of single state system of civil protection for actions in the conditions of emergency situations and during the special period;

7) determination of procedure for transfer of single state system of civil protection from the functioning mode in peace time on functioning in the conditions of the special period;

8) attraction of forces of civil protection to carrying out rescue and other urgent works, mitigations of consequences of emergency situations, humanitarian transactions outside Ukraine;

9) ensuring implementation of measures for social protection of injured emergency situations;

10) development and implementation of the actions aimed at providing permanent functioning of subjects of managing during the special period;

10-1) determination of procedure for marking during the special period of buildings and constructions, vehicles which fall under action of regulations of international humanitarian law, the corresponding identification marks (emblems);

10-2) determination during the special period of procedure for issue to persons who fall under action of regulations of international humanitarian law, the corresponding certificates and distinctive marks (emblems);

11) ensuring implementation of requirements of technogenic and fire safety;

12) determination of mobilization task for requirements satisfaction of civil protection and procedure for accumulating, storage and use of mobilization reserves for requirements of civil protection during the special period;

13) determination of procedure for preparation and implementation of potentially dangerous actions in the conditions of presence of the civilian population with participation of staff of the Armed Forces of Ukraine, other military forming and law enforcement agencies with use of arms and military equipment;

14) determination of procedure for plan development of civil protection for the special period and other plans in the field of civil protection;

15) approval of the annual plan of the main actions of civil protection of Ukraine, including measures during the recovery period after the end of military operations;

15-2) scoping and terms of implementation of recovery work on mitigation of consequences of military operations during action of warlike situation;

16) determination of procedure for training of the population in actions in emergency situations;

17) implementation of other powers provided by this Code and other legal acts.

Article 17. Powers of the central executive body which provides forming of state policy in the field of civil protection

1. The central executive body providing forming of state policy in the field of civil protection:

1) submits for consideration of the Cabinet of Ministers of Ukraine drafts of plans in the field of civil protection of the national level for peace time and for the special period;

2) forming of state policy concerning creation provides, contents and reconstruction of fund of protective constructions of civil protection, accounting of such constructions;

3) is provided by forming of state policy concerning implementation of technical actions of civil protection, fire and technogenic safety, provides the corresponding normative legal regulation, performs functions on regulation in construction on measures of civil protection, fire and technogenic safety during designing and construction;

4) is provided by forming of state policy concerning radiation and chemical protection, establishes requirements for means of radiation and chemical protection of the population and rescue units;

5) determines indicators on which division into districts of the territory of Ukraine concerning risk of emergence of emergency situations is performed;

6) is approved by procedure for the organization of accomplishment of the pyrotechnic works connected with neutralization of the explosive objects which remained in the territory of Ukraine after wars, modern ammunition and blasting means (except the explosive devices used in the terrorist purposes), except the territories provided for placement and permanent activities of military units, organizations, military organizations of education, the companies and the organizations of the Armed Forces of Ukraine formed according to the laws of Ukraine of other military forming and also order of interaction during execution of such works;

7) is approved by the charter of actions of governing bodies and divisions of Operational rescue service of civil protection in emergency situations;

8) approves procedure for the organization of internal, garrison and guard services in bodies and divisions of civil protection;

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