of January 11, 2017 No. 5
About approval of the Procedure of permanent and obligatory rescue servicing of economic entities, industries and the separate territories
According to part three of article 133 of the Code of civil protection of Ukraine the Cabinet of Ministers of Ukraine decides:
Prime Minister of Ukraine
Approved by the resolution of the Cabinet of Ministers of Ukraine of January 11, 2017 No. 5
1. This Procedure determines the mechanism of implementation by rescue services of permanent and obligatory rescue servicing of economic entities, industries and the separate territories concerning which there is danger of emergence of emergency situations.
2. In this Procedure the term "operational unit of rescue service" means group of rescuers (department, rescue group, search and rescue group, etc.) who are capable to perform independently tasks (works) on search and rescuing of people, mitigations of consequences of accidents, emergency situations and events.
Other terms are used in the value determined in the Civil code of Ukraine, the Economic code of Ukraine, the Code of civil protection of Ukraine, the Law of Ukraine "About objects of the increased danger", the Mountain law of Ukraine and other regulatory legal acts.
Subjects of managing, industries and the separate territories concerning which there is possibility of emergency situations are subject to rescue servicing (further - servicing).
Servicing provides provision of services on carrying out the corresponding works on the prevention of emergence of emergency situations (prevention), localization and mitigation of consequences of accidents, other services according to the agreement.
3. Economic entities which list is approved by the resolution of the Cabinet of Ministers of Ukraine of October 26, 2016 No. 763 are subject to permanent and obligatory servicing on contractual basis (The Official Bulletin of Ukraine, 2016, No. 87, Art. 2846).
4. The rescue services formed on professional basis and certified according to the resolution of the Cabinet of Ministers of Ukraine of November 13, 2013 No. 828 "About approval of the Procedure for certification of rescue services and rescuers" have the right to implementation of servicing (The Official Bulletin of Ukraine, 2013, No. 90, the Art. 3315).
5. In case of absence on object of the company of own object rescue service certified in accordance with the established procedure for carrying out rescue and other urgent works on mitigation of consequences of emergency situations which emergence is possible on the specified object servicing of such object it is performed by other rescue services, and on the object having strategic importance for economy and/or safety of the state, the state rescue services certified according to the legislation.
Servicing of subjects of managing, in property, ownership or use of which there are objects which activities are connected with conducting mining operations or operation of excavations, is performed by the public militarized rescue services.
6. Servicing is performed based on the relevant agreement signed between the subject of managing and rescue service according to the written appeal of the authorized person of the subject of managing to the relevant rescue service with simultaneous submission of the data determined by results of identification of object of the increased danger, the declaration of safety and the plan of localization and mitigation of consequences of the accidents on object of the increased danger which are subject to servicing.
7. The rescue service which performs servicing submits to the authorized person of the subject of managing written messages on threats of emergence of emergency situations on object of the subject of managing which is serviced by it, and recommendations about reduction of risk of emergence of emergency situations and/or carrying out measures for complete elimination of risks of their origin.
8. The quantity and numerical structure of operational units of rescue service are determined by the head of rescue service in coordination with the subject of managing. At the same time specifics of object or the separate territory, and also specialization, dislocation and standard rates of departure of divisions of such service for carrying out servicing are considered.
9. Maintenance cost is determined according to calculation which is integral part of the service agreement.
Forming of maintenance cost of object of the economic entity by the state rescue services is performed according to economically reasonable planned costs of the relevant division (operational unit) of rescue service connected with its servicing determined based on national provisions (standards), the state and industry standard rates of expenses of resources, technical and economic calculations and estimates taking into account the prices of material resources and services according to requirements of the legislation.
Maintenance cost for rescue services is determined taking into account the expenses connected with the organization of implementation of servicing.
Payment for servicing is performed for actually performed works based on the relevant act.
10. Carrying out by rescue service rescue and other urgent works on mitigation of consequences of emergency situations, suppressions of the fires is performed free of charge.
Expenses on carrying out by rescue service the separate rescue and other urgent works sent to search, rescuing and protection of the population, prevention of destructions and material damage, localization of zone of impact of dangerous factors, liquidation of factors which make impossible carrying out such works or life-threatening rescuers can be fully or partially compensated according to the law.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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