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ООббооззрреенниияя

ппооллииттииккии ии ззааккоонноовв

вв ооббллаассттии ккллииммааттаа ии

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Донецк - 2012 ППррооеекктт ффііннааннссууєєттььссяя ЄЄввррооппееййссььккиимм ССооююззоомм

ППррооеекктт ррееааллііззууєєттььссяя ДДооннееццььккиимм ннааццііооннааллььнниимм ууннііввееррссииттееттоомм,, УУккррааїїннаа

УДК 504.062.2, 504.062.4, 504.7 ББК 20.1, 20.3 С 232 Обозрения политики и законов в области климата и окружающей среды – Reviews of Policies and Laws in the field of Climate and Environment / Под общ. ред. С. В. Беспаловой и Н. С. Шеставина // LCOI-Reviews, No. 08, 30.08.2012. – Донецк: ДонНУ, 2012. – 222 с. Сборник содержит обозрения действующей украинской политики и существующих законов Украины в области климата и окружающей среды. Обозрения подготовлены для проекта «Низко-углеродные возможности для индустриальных регионов Украины», который финансируется Европейским Союзом. Приводятся также краткие аннотации действующих законов Украины имеющих отношение к проблемам изменения климата и защиты окружающей среды. Сборник предназначен для научных и инженерно-технических работников, преподавателей высших учебных заведений, аспирантов и студентов естественнонаучных и экономических специальностей. Редакционная коллегия: д.ф.-м.н., проф. Беспалова С.В. (отв. редактор), д.т.н., проф. Семко А.Н. (зам. отв. редактора), к.т.н. Шеставин Н.С. (отв. секретарь), д.т.н., проф. Недопекин Ф.В., к.т.н., с.н.с. Бескровная М.В., к.б.н., доц. Сафонов А.И., к.т.н. Казак О.В. Компьютерная верстка: вед. инж. Рева Е.В. Адрес редакции: 83050, г. Донецк, ул. Щорса, 46/616, Донецкий национальный университет, Биологический факультат, Центр передачи низко-углеродных открытых инноваций, Web: www.lcoir-ua.eu , E-mail: lcoir@ukr.net

Мнения, отраженные в этой публикации, не обязательно совпадают с взглядами Европейской Комиссии и Правительства Украины

© Донецкий национальный университет, 2012 © Коллектив авторов, 2012

СОДЕРЖАНИЕ Chebotova O.M., Savkevych O.V., Shestavin M.S. REVIEW of POLICIES in the field of CLIMATE and ENVIRONMENT 4

1. Evaluation of Climate Policy in Ukraine 4 2. Ukraine’s Environmental Policy 8 3. Energy Policy of Ukraine 12 4. Critical comparison of “Green Growth” and “Carbon Footprint” theories 14

Chebotova O.M., Shestavin M.S. REVIEW of LAWS in the field of CLIMATE and ENVIRONMENT 21

1. Ukrainian legislation in the field of climate change 21 2. The current Ukrainian legislation, which has an indirect relationship to the field of climate change 25

ANNEX A: LAWS of UKRAINE 2012-2007 27 ANNEX B: LAWS of UKRAINE 2007-2000 88 ANNEX C: LAWS of UKRAINE 1999-1991 166 ANNEX D: GENERAL INFORMATION ABOUT A PROJECT “LOW-CARBON OPPORTUNITIES FOR INDUSTRIAL REGIONS OF UKRAINE (LCOIR-UA)” 221

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REVIEW of POLICIES of the field of CLIMATE and ENVIRONMENT

Chebotova O.M., Savkevych O.V., Shestavin M.S. Donetsk National University

Donetsk, Ukraine

Ukraine is one of the countries that have signed and ratified the United Nations Framework Convention on Climate Change and the Kyoto Protocol, and has committed not only to protect the climate system for the benefit of present and future generations of mankind, but also to perform its individual responsibilities within the Convention and the Protocol. In particular, Ukraine has committed to implement policies and measures on climate change combating, taking into account the actual social and economic conditions in the country, covering all emitting and absorbing sources of greenhouse gases (GHG)1.

1. Evaluation of Climate Policy in Ukraine

Policy measures to combat climate change, even having an economically beneficial effect, create complex political and economical issues. Elaboration of internal policies is stipulated by the type of political system of the country – democratic or authoritarian – as well as by relative influence of groups lobbying either low-carbon or carbon-intensive ways of industry development, the role of independent media and civil society organizations, political and economic preferences of the public.

1.1. Climate laws, institutions and indexing

A new global index of climate laws, institutions, and measures (CLIM Index)2 is designed to compare internationally the quality parameters of national climate policies, realize an empirical assessment of political factors determining public policies, and identify possible differences in relationship between these factors and the results of policies to combat climate change among the countries with economies in transition (marked with a dark background at Figure 1). According to the analysis results, the level of country’s democratization itself is not a major factor in climate policy realization. Instead, the significant and positive factor in implementation of policies to combat climate change is the public awareness concerning the climate change issues, while carbon-intensive industries having considerably influential positions act as a major deterrent, regardless of the country’s level of democratization and its state apparatus capacity.

CLIM Index components are structured according to a standardized layout of national communications3,4, which has been designed to cover the most important aspects of the policies and measures to mitigate the climate change consequences. Thus, the index consists of 12 variables grouped based on the following four key aspects of public policy:

1 National Cadastre for Anthropogenic Emissions by Sources and Removals by Sinks of Greenhouse Gases in Ukraine for 1990-2010 years. - Kiev: State Environmental Investment Agency of Ukraine, 2012. - 729 pp. (in Russian) 2 Special Report on Climate Change: the Low Carbon Transition. – European Bank for Reconstruction and Development, 2011. – 80 pp. 3 Second National Communication of Ukraine on Climate Change: Prepared in accordance with Ukraine's commitments to the UN Framework Convention on Climate Change. - Kiev: Ministry of Environmental Protection of Ukraine, etc., 2006. – 83 pp. (in Russian) 4 Third, Fourth and Fifth National Communication of Ukraine on Climate Change: Review the implementation of Articles 4 and 12 of the UN Framework Convention on Climate Change and Article 7 of the Kyoto Protocol. - Kiev: Ministry of Environmental Protection of Ukraine, etc., 2009. - 367 pp. (in Russian)

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Figure 1: Results of CLIM Index

- International cooperation. How quickly the government of a country has ratified the Kyoto Protocol and whether it formed the institutional background to participate in flexible mechanisms and implement the projects in Joint Implementation (JI) or Clean Development Mechanism (CDM).

- National legislation regulating the climate issues. It includes the general legislation acts

and statistics in the sphere of combating climate change, institutions involved in combating climate change at different levels (ministries, independent committees, etc.).

- Branch fiscal or regulatory measures, estimated figures. This includes estimated figures

and regulations functioning in each of the sectors listed in the reports of the Intergovernmental Panel on Climate Change (IPCC).

- Multi-sectoral fiscal or regulatory measures. This includes issues such as taxation of

carbon emissions and the use of Emissions Trading Schemes (ETS).

Thus, CLIM Index allows a comparative analysis of the scope and quality of laws, policies, measures and institutions in the area of climate change mitigation in 95 countries. The index includes all EBRD countries and EU member countries, all the major developing countries, many of the least developed countries and small island states, which account for 91% of global emissions and 73% of world population.

As seen from Figure 1, Ukraine is holds the 39th position, having certain advantages in implementation of climate change policy compared to other countries of the former Soviet Union and Eastern Europe. The remarkable result of this rating is that some of the developed countries (USA – 45th , Canada – 49th , Australia – 55th ) occupy lower positions compared to Ukraine.

All EU Member States (except Estonia, holding the 40th position) occupy the leading positions in this list. This is due to the fact that many European countries have adopted national programs to reduce emissions of greenhouse gases, which include5:

5 European Environment Agency - http://www.eea.europa.eu/themes/climate/policy-context

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- Increased use of renewable energy sources (wind, solar, biomass), as well as combined

production of heat in power plants; - Improving energy efficiency in buildings, industry and household appliances;

- Reduction of CO2 emissions in newly produced cars;

- Measures to reduce emissions in the manufacturing industry;

- Measures to reduce emissions from landfills. The climate and energy package of EU documents was adopted in 2009 to implement the

goal of “20-20-20”, endorsed by EU leaders in 2007 – by 2020 greenhouse gas emissions should be reduced by 20% compared to 1990 while the share of renewable energy sources and energy efficiency should be increased by 20%.

The basis of this package includes four parts of a complementary legislation:

1. Review and strengthening of the EU emissions trading system (ETS): a single Europe-wide limit on emissions in 2013, with a linear annual reduction until 2020 and after it; the gradual replacement of the free distribution of quotas at auctions, as well as expansion of the system to new sectors.

2. “Strengthening Network Solutions” for emissions from sectors not included in the EU

ETS, such as transport, housing, agriculture and waste. Each Member State will be required to achieve obligatory targets for national emission restrictions by 2020. In general, according to these national objectives emissions will be reduced by 10% in the EU non-ETS sector by 2020 compared to 2005 level.

3. Matching the national targets for renewable energy which will allow to reduce the EU's

dependence on energy imports and reduce greenhouse gas emissions. 4. The legal framework for promoting the development and safe use of CCS technologies.

1.2. Key actors in Ukraine with veto power

During the last decade Ukraine has experienced two major changes in the constitutional

system of division of political power functions, which resulted in radical change of positions held by actors with veto power in the political system. Before the “orange revolution” in 2004 Ukraine was a republic with strong presidential power, where the president acted as the main decision maker and the most powerful actor with veto power.

Since 2006, when the changes in the Constitution come into force, Ukraine has become a

presidential-parliamentary republic, in which the legislative authorities acquired a number of executive functions, while the Government and Parliament became influential independent players with veto power and greater influence.

However, the boundary between the political rights of the legislative and executive authorities was very indefinite in the new constitution, leading to emergence of many veto players in all branches of government, including the judiciary branch, which was used by competing political elites as a mechanism to veto newly adopted decisions.

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After Viktor Yanukovych was elected as President in February 2010 and the pro-presidential

government was formed, these overlapping constitutional powers have become of less political importance, as both the executive and legislative branches of government have the same political agenda.

In September 2010, the Constitutional Court acknowledged the changes to the Constitution

made in 2004 as unconstitutional, that resulted in return to the regime of strong presidential power existing before the “orange” revolution.

All of these interdependencies between key actors in the sphere of combating climate change in Ukraine, are shown in Figure 2, where two levels are represented: international and domestic. Also colored arrows indicated the ways of influencing the climate policy of the ecological community and the mass media.

Carbon-intensive business and new low-carbon industries currently only interact with the

political structures of state power, without taking into account the opportunities to promote their priorities in civil society and the mass media. At the same time a significant financial impact of carbon-intensive business on mass-media is observed.

Figure 2: The relationship between the main actors of climate policy in Ukraine

1.3. Mass media and civil society organization

Ukrainian mass media are characterized by a high level of pluralism, especially since the “orange” revolution, mainly act freely, without interference from the state. Despite the fact that the oligarchic relations sometimes result in extreme forms of politicization of some media, the latest do not necessarily serve the state or political leaders of the country.

Similarly, after the “orange” revolution civil society organizations, including environmental NGOs6, quickly became an instrument of action for the Ukrainian society. Thus, they serve as real channels for disseminating the information about the climate change risks and the need for measures aimed at mitigation of their consequences to be taken by the Government of Ukraine as a tool to assist in the fight against climate change.

6 The Working Group of Environmental NGOs on Climate Change – http://climategroup.org.ua

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1.4. Informing the public on climate change issues

In Ukraine, there is an unusually high level of awareness of dangers posed by climate

change, 78% of the population say that they are familiar to some extent with climate change issues, while almost two-thirds of the respondents are concerned that climate change could adversely affect their lives.

Sample surveys conducted in 80 countries found out that curious combination of high levels of public awareness and relatively low population assessments according to CLIM Index testify to the strongest condemnation of this area of public policy: only 3% of Ukrainians are satisfied with their government’s attitude towards the climate change issues.

1.5. Lobbyists of carbon-intensive industries

Lobbyists of carbon-intensive industries in Ukraine are very powerful. Financial-industrial groups working in steel, coal, petrochemical and refining industries have a great influence on the change of government, primarily through the financial support of political parties and their political campaigns and by appointing their subordinates to public posts, as well as through the media owned by them.

Although these actors do not have the same veto powers as their counterparts in Russia, who periodically use them, they nevertheless have an influence – sometimes restricting – on the choice of the next government ant its policies in the area of combating climate change.

2. Ukraine’s Environmental Policy

Sustainable development in Ukraine can only be achieved through: - Creating the necessary conditions for restructuring and reduction of human impact on

the environment to a science-based level of, - Maintaining the vital functions of the biosphere, - Restoring natural ecosystems to a level ensures their permanence, - Sustainable use of natural resources through creation of a system of guarantees for

sustainable utilization and conservation of natural resources for future generations based on observance of national interests,

- Participation in shaping the global ecological safety system involving active co-operation with all countries and international organizations in order to preserve the biosphere – the human environment.

In the absence of an effective management system in the sphere of environmental protection,

and in view of very slow structural reforms and modernization of technological processes, economic growth leads to high levels of pollution and support of old inefficient approaches to the use of energy and natural resources, requires a substantial improvement of the efficiency of public environmental policy7.

Environmental policy is the basis of sustainable development, which requires a single, coherent and balanced environmental policy at national level, focusing on preservation and restoration of natural resources as the main priority of the state in the near and distant future.

7 National Environmental Policy of Ukraine: Assessment and Development Strategy. - Ministry of Environmental Protection of Ukraine, the United Nations Development Programme, the Global Environment Facility, 2007. - 186 pp. (in Ukrainian)

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Environmental policy should be based on a holistic assessment of economic resources

available for life maintaining and society development, as well as ecological resources for functioning and reproduction of the natural habitat not only for human beings but also for all living creatures of the biosphere.

2.1. Environmental Safety Strategy of Ukraine in the context of international experience

The current political process is characterized by the degree of international community awareness of the new challenges and threats to global civilization development. Currently, there is a clear tendency of expansion of the security concept with account not only the political, military, economic, but also cultural, civilization and environmental aspects.

In the face of strong integration processes and growing interdependence, political and economic decisions of individual countries have a significant impact on the global community. Environmental issues become geopolitical ones, affecting the processes of political decision-making at global level. In such conditions, politics and environment are becoming the causal chain, interdependent factors of a global perspective.

The first steps in creation of protection mechanisms from environmental threats have already been done at the international level. Several activities were realized under the UN aegis, including:

- At the United Nations Conference on Environment and Development in Rio de Janeiro in 1992 the declaration “Agenda for XXI Century” was adopted;

- At the Conference of Parties to the UN Framework Convention in Kyoto in 1997 the

Kyoto Protocol was adopted, setting out the obligations of developed industrial countries to limit emissions of GHG in order to avoid a dangerous violation of the climate system;

- As the result of the summit in Johannesburg in 2002, the “Declaration on Sustainable

Development” was adopted. It identifies the key objectives for strengthening the foundation of sustainable development, economic, social and environmental components. One of the ways to overcome the global environmental security issues is to change patterns of consumption and production, ensuring the protection and rational use of the natural resource base.

Moving away from the traditional “resource and consumer-oriented” strategy requires a

change in behavior of society, the development of new concepts of governmental management, entrepreneurial activity, change in methodology for assessing the role and importance of ecosystems in human and societal life.

However, in the system of public administration there is a cost-based approach to the use of

natural resources, the environment and its ecosystems. The integrated value of nature as a medium of human life, the life of society is not yet

recognized by society. This is evidenced by the lack of a national strategy for sustainable development, integrated assessments of country’s natural potential of the country, the program of specific actions to strengthen the natural foundations of human life and the life of society in the environment.

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The process of Ukraine's transition from the practice of environmental activities to

environmental policy is underway8. The most notable recent steps in this direction was the adoption of the Law of Ukraine “On Basic Principles (Strategy) of the State Environmental Policy of Ukraine for the period till 2020”9 (in December 2010) and a National Action Plan for Environmental Protection of Ukraine for the period from 2011 to 201510 with funding of 4,2 billion UAH (on May 20, 2011).

According to this strategy the following tasks will be carried out (for atmospheric air) for achieving the Goal 2 - Improving the environmental situation and increasing environmental safety:

- Reduction in emissions of common pollutants: o issued by stationary sources – by 10 percent in 2015 and by 25 percent in 2020 in

relation to the base level; o issued by portable sources – according to Euro-4 standard in 2015 and Euro-5 in

2020.

- Setting the targets for the content of hazardous substances in the air, including heavy metals, non-methane volatile organic compounds, weighed dust particles (less than 10 microns in diameter) and persistent organic pollutants in order to take them into account when establishing technical standards for emissions from stationary pollution sources;

- Optimizing the structure of the energy sector of national economy by increasing the use of energy sources with low carbon dioxide emissions by 10 percent in 2015 and 20 percent in 2020, as well as ensuring the reduction of greenhouse gas emissions in accordance with the declared by Ukraine international obligations under the Kyoto Protocol to the United Nations Framework Convention on Climate Change;

- Defining by 2015 the basic principles of the state policy on adaptation to climate change, development and step-by-step implementation of the national action plan on climate change mitigation and prevention of human impact on climate change for the period up to 2030, including in the framework of the Kyoto Protocol mechanism of the United Nations Framework Convention on Climate Change, joint initiative projects and projects of targeted environmental (green) investments.

Issues of CCT and CCS technologies implementation are not mentioned in the strategy,

although they may be related to the “energy sources with low carbon emissions” and “prevention of human influence on climate change”.

The objectives of Ukraine’s environmental policy are harmonized with the basic documents of the EU and the new global “green” line declared by the UN. They should facilitate the recovery of the world economy, save and create jobs, protect disadvantaged groups, ensure sustained economic growth and the achievement of the Millennium Development Goals, end the extreme forms of poverty.

In the medium term, the implementation of the UN course should lead to reduction of dependence from carbon emissions and prevent the destruction of ecosystems - the main risks on the way to sustainable development. 8 From the Practice of Environmental Protection to Environmental Policy in Ukraine: Ways and Problems. - Kyiv: National Institute for Strategic Studies, 2011. - 31 pp. (in Ukrainian) 9 Law of Ukraine “On the Fundamentals (Strategy) of the State Environmental Policy of Ukraine for the Period till 2020”. - http://zakon2.rada.gov.ua/laws/show/2818-17 (in Ukrainian) 10 National Action Plan for Environmental Protection of Ukraine for the Period from 2011 to 2015. - http://www.kmu.gov.ua (in Ukrainian)

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2.2. Prospects of environmental policy - a strategy of the UN “green growth”

The new strategy, developed by the United Nations, promotes economically attractive

environmental policy of “green” growth, grounded in the following documents: - “TOWARDS GREEN GROWTH” – OECD, 201111; - “Towards “Green” Economy” – Report for UNEP, 201112; - “Green Industry”. – Path to resource conservation and reduction of CO2 emissions into

the atmosphere. Prospects and problems of sustainable industrial growth – UNIDO, UN, 201113;

- “Millennium Development Goals”. – Ukraine, 201014; - “Global a New Green Course. Report UNEP” - United Nations Environment

Programme. “Green Economy” initiative, 200915.

Strategic principles of the UN economically attractive environmental policy envisages investment of 2% of the world GDP to the “greening” of the economy, or “ecological transformation of the economy” in order to change the nature and direction of public and private capital flows to reduction of carbon emissions and efficient use of resources.

The introduction of “green economy” as a mechanism for achieving environmental policy of sustainable development has several key directions:

1) The direction “without depleting resources”: - Recoverable energy resources; - Re-use of materials; - Organic farming, which spends a minimum of energy, does not use artificial means of

protection and feeding of plants, and genetically modified organisms.

2) Optimization direction: - Energy efficiency in production and housing; - Reducing the use of cars; - Reduction of calorie content in food stuffs; - Reduction in water consumption; - Regeneration of forests and reserved areas.

3) Social direction: - Family planning and birth rate at the reproduction level; - Principle of equality in distribution of limited resources; - Solving the issues of land allocation and land use planning; - Introduction of new agricultural technologies; - System of financial regulation that guarantees the basic needs of most people.

4) Management direction: - Changing the definition of a state’s welfare and success – GDP indicator should be

supplemented with indicators of natural services and biodiversity conservation; 11 TOWARDS GREEN GROWTH - OECD 2011 - http://www.oecd.org/dataoecd/34/12/48029513.pdf 12 Towards “Green” Economy. Report for UNEP - http://www.unep.org/greeneconomy/Portals/88/documents/ger/GER_synthesis_ru.pdf 13 Green Industry. Path to resource conservation and reduction of CO2 emissions into the atmosphere. Prospects and problems of sustainable industrial growth (2011) UNIDO, United Nations, 2011. – http://www.unido.org 14 Millennium Development Goals. – Ukraine, 2010. (in Ukrainian) - http://www.mfa.gov.ua/data/upload/publication/uno/ua/47997/mdgs_ukraine_2010_report_ukr.pdf 15 Global a New Green Course. Report UNEP. March 2009. – http://www.unep.org/greeneconomy

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- Introduction of a carbon tax on imported goods; - Global security system with intervention in the affairs “countries that did not succeed”; - Investment in institutionalism, optimization of the system of governance and decision-

making.

3. Energy Policy of Ukraine

In energy consumption Ukraine is highly dependent on energy import16. It receives about 45% of the required energy from abroad that is why energy makes about 17% of the total Ukrainian import. A look at the consumption of primary energy shows that the share of regenerative energy sources is very small (about three percent), even getting smaller. Currently most of the primary energy consumption is covered by gas (36%) and coal (26%), followed by oil (18%) and nuclear power (17%), ranking third and fourth.

Coal plays an important role in the field of electricity generation. According to the Ministry of Energy and Coal Industry of Ukraine, its share in the country's electricity production in 2011 amounted to 43.7% (41.5% in 2010). According to government plans, this figure should remain stable or increase slightly until 2030.

The development of nuclear energy in 2011 amounted to 46.5% (47.4% in 2010). By 2030, this share is expected to grow to 52%.

Only 5.6% of electricity was produced in 2011 by hydropower stations, while the share of hydropower decreased by 0.7% in comparison with the previous year.

Serious dependence of the Ukrainian economy and households on natural gas and the resulting considerable dependence of Ukraine on Russian gas leads to a significant reduction of the country’s energy security. The share of natural gas in total energy consumption of Ukraine is one-third, which is significantly more than in the EU (25%). In 2011, Ukraine imported a total of 45 billion cubic meters of natural gas, 90% of which was delivered by the Russian company “Gazprom”.

3.1. “Energy Strategy of Ukraine till 2030”

Given the ever-rising price of natural gas, and trying to become more independent from Russian gas, the Ukrainian government searches for the alternative energy resources. The “Energy Strategy of Ukraine till 2030”17 declared in 2006, can be considered as the first attempt by the government to understand the problems in the energy sector and to identify possible solutions.

The strategy contains different directions, including:

1. Reducing Ukraine's dependence on energy import: - Increase in own gas production from the current 20 billion cubic meters to 28-29 billion; - Increase in coal production and conversion of power plants from gas to coal; - Reduction of the annual natural gas consumption from the current 55-60 billion cubic

meters to 45-48 billion cubic meters in 2020-2030;

16 Rosenberger K. Policy of Ukraine in the field of energy. - Kyiv: Konrad Adenauer Foundation in Ukraine, 2012. - 30 pp. (in Ukrainian) 17 Resolution of the Cabinet of Ministers of Ukraine dated March 15, 2006 № 145-p “On Approval of the Energy Strategy of Ukraine till 2030” / Supreme Council of Ukraine (in Ukrainian) - http://zakon4.rada.gov.ua/laws/show/145-2006-%D1%80

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- Construction of new nuclear power plants and extension of the life of currently operating

nuclear power plants; - Increase in uranium mining.

2. Regional diversification of energy imports by increasing the participation of Ukraine in

the projects for extraction of raw materials abroad (Algeria, Egypt, Iran, Kazakhstan, the Middle East) and increasing of gas supplies in the amount of up to 12 billion cubic meters by 2030.

3. Increase in use of renewable energy sources (increase of their share in total energy consumption from current three to six per cent).

Thus, the energy strategy envisages, on the one hand, a change of energy mix by reducing gas consumption and growth of nuclear and coal components, and, on the other, the diversification of sources of supply of natural gas. The urgent need to conserve energy or increase in the use of alternative sources are of a secondary importance in the document.

The Updated Strategy18 envisages climate change combating through the introduction of:

In the electricity and thermal energy: - Reduction of carbon dioxide emissions per unit of produced energy by increasing the

efficiency of power plants;

In the production and consumption of petroleum products: - Reduction of pollution in the production of oil through modernization of equipment and

controlling the processing phase (steam flow, the pressure level in gas turbines, etc.), increasing the efficiency of the current process (reduction of heat loss, replacement of heating elements, the use of cogeneration mechanisms etc.), and application of carbon capture and storage technologies.

3.2. Review of the energy policy of Ukraine in 2012

Ukraine's energy policy is at a crossroads, with both challenges in the energy sector, and a

significant untapped potential. The country has a unique opportunity to make an energy revolution to modernize its energy sector, reform its local energy markets, create jobs and spur the economic growth. All this, in turn, will contribute to energy security, economic diversification and sustainable development. This will require a radical and rapid transformation of energy policy and consumption.

Ukraine in the near future will be able to get rid of its dependence on natural gas import by significant increase in domestic gas extraction, both natural and non-traditional, developing the potential of biomass and increasing energy efficiency. Also there is a great potential for investment in modernization of coal, electricity and heat generating industries of Ukraine, as well as in the sector of heat and gas transportation.

Ukraine has also a great potential for energy efficiency and energy conservation, especially in the industrial and residential sectors. However, this potential remains largely untapped and underestimated in the modern energy policy. By prioritizing the energy efficiency measures, Ukraine could receive significant savings of energy resources, especially natural gas. 18 Updates Energy Strategy of Ukraine to 2030: Draft document for public comment. – Kyiv: Ministry of Energy and Coal Industry of Ukraine. (in Ukrainian) - http://mpe.kmu.gov.ua/fuel/doccatalog/document?id=222032

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This will require a regulatory framework, which will open the way for private and public

funding, along with the simultaneous and gradual elimination of subsidies for natural gas for households and centralized heating systems. Such subsidies are unsustainable and hinder investments. Moreover, in the long term, Ukraine could benefit from redirecting funds that are currently spent on these subsidies to the financial mechanisms, promoting the use of energy efficiency potential of the country.

This transition should be based on a comprehensive strategy, including exploitation of domestic energy resources, infrastructure modernization, expanding approaches to improving energy efficiency, promoting efficient market reforms and good governance. The latter implies the fair administrative procedures, transparent use of budget funds, effective competition, which is guaranteed by the independent regulatory and anti-monopoly authorities, as well as effective measures against corruption and conflict of interest. Radical improvement of the business environment is needed, which would provide a significant level of investment required.

There are signs that the Ukrainian energy policy is evolving towards promotion and development of domestic resources and strengthening the foundations of the energy market in accordance with the requirements of the European Union. Adoption and full implementation of the provisions of the Treaty on establishing the Energy Community may provide Ukraine with competitive, transparent and predictable market conditions, which will help attract investment and improve efficiency in the energy sector. Although many steps have already been carried out, there is still room for improvement and reform.

International Energy Agency19 makes such recommendations relating to the introduction of CCT and CCS technologies in Ukraine, in the direction of: CLIMATE CHANGE:

- Setting clear goals and allocating budgetary resources to support the modernization of the electricity sector in order to reduce emissions of both greenhouse gas emissions and local pollutants, and increase the overall efficiency of the economy of Ukraine.

- Building ultra supercritical power plants, coal-fired, ready to capture CO2 in the future

when there will be the need to adopt in Ukraine more stringent measures to reduce greenhouse gas emissions.

4. Critical comparison of “Green Growth” and “Carbon Footprint” theories

Comparing the results of implementation in different countries of “Green Growth” and

“Carbon Footprint” theories shows the validity of the conclusions put forward in the almost forgotten report by the Club of Rome “Limits to Growth”. Modern development of the economy, energy sector and environment is based on the conclusions stated in the report by Nicholas Stern “The Economics of Climate Change” and the research conducted by McKinsey and Company, who propose a switch towards the “green” economy through implementation of low-carbon technologies in all spheres of human activity. These technologies can provide sustainable economic growth, but in case of their large-scale implementation in the countries of the world the problem is that they do not actually take account of “carbon and ecological footprint” at all the production stages – from manufacturing to exploitation. Some case studies of implementation of renewable energy technologies and the technologies for CCS are used to demonstrate a contradiction between economic growth and environmental (climatic) consequences of their implementation. 19 UKRAINE 2012: Guideline and Recommendations - Overall Energy Policy. - International Energy Agency, 2012. - 42 pp.

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It is proposed to switch to open innovation principles in order to involve the whole mankind

into solving the issues of climate stabilization. The necessity of returning to the paradigm of “limits to growth in all spheres of human activity” as an alternative way of human development is substantiated.

4.1. Defining “Green Growth” and “Carbon Footprint” concepts

In most countries of the world the issues of climate change adaptation and mitigation have become recently the top priority of the economic development. In order to realize the transition of national economies to this model, the strategies of the so-called “green” economy based on the idea of “Green Growth”20 are developed.

According to them, the paradigm of development is the maximum profit and free competition, while the direction of development is upgrading or creating of new enterprises through introduction of low-carbon technologies that allows minimizing the impact on the environment and climate.

In parallel, the idea of “Carbon Footprint”21 for enterprises, cities, communities, families and individuals is developed, allowing to estimate the contribution of any activity (both individual and collective) to global warming by calculating the greenhouse gas emissions that are released to the atmosphere in the result of this activity. While such calculations are approximate, they show an overall picture of the impact of a particular person, event or production on global climate.

So far, these two ideas have been developing in parallel without overlapping on specific issues of economic development of the countries: industrialists are reporting on reduction of greenhouse gas emissions at their plants, while environmental activists are trying to prove the increase of emissions having only indirect evidence of their value. The role of the government in this process should be to obtain real data from enterprises, process them and make them public.

Similar studies of global development models were conducted in the 70's of the past century and their conclusions were enunciated in almost forgotten reports by the Club of Rome “Limits to Growth”22 and “Beyond the Limits of Growth”23, where the following basic parameters were considered: economic growth and population growth in conditions of limited natural resources.

Conclusions about the need to change the paradigm of development in order to prevent the predicted “collapse” in fact were ignored by politicians who only introduced the new term “sustainable development” while continuing making every effort to ensure an economic growth (currently – a “green growth”) of their countries. This policy has led to the emergence of the global climate change problem, which is currently being solved using the old economic methods highlighted in the report by Nicholas Stern “The Economics of Climate Change”24 and research by McKinsey and Company25, offering a transition to “green” economy through the introduction of low-carbon technologies in all spheres of human activity.

20 Inclusive Green Growth: The Pathway to Sustainable Development. - The World Bank, Washington, 2012. - 174 pp. 21 Bagchi D., Biswas S., Narahari Y., Suresh P., Lakshmi L.U., Viswanadham N., Subrahmanya S.V. Carbon Footprint Optimization: Game Theoretic Problems and Solutions. - ACM SIGecom Exchanges, Vol. 11, No. 1, 2012. - P. 34-38. 22 Meadows D.H., Meadows D.L., Randers J., Behrens III W.W. The Limits to Growth. - Universe Books, 1972. - 205 pp. 23 Pestel E. Beyond the Limits to growth: a report to the Club of Rome. - Universe Books, 1989. - 191 pp. 24 Stern N. / The Economics of Climate Change: The Stern Review. - Cambridge, UK: Cambridge University Press, 2007. - 662 pp. 25 Impact of the financial crisis on carbon economics: Version 2.1 of the Global Greenhouse Gas Abatement Cost Curve. - USA: McKinsey and Company, 2010. - 14 pp.

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4.2. The study of contradictions

Low-carbon technologies are practically all technologies, the application of which will result

in reduction of greenhouse gas emissions as compared to technologies previously used in the industry. But these new technologies often lead to an increase in production costs, which influences a consumer (directly – through increased prices, or indirectly – though obtaining of subsidies from the state).

Implementation of low-carbon technologies on a voluntary basis could hardly be realized (as most companies follow the dominant paradigm of maximizing their profits), therefore the state typically uses two methods to intensify the “green” growth:

- a fiscal one, introducing a tax on excessive greenhouse gas emissions or excessive consumption of energy, resources, etc.;

- an incentive one, introducing subsidies for implementation and benefits for the use of

such technologies.

It is almost impossible to predict social and economic consequences for a particular country due to the uncertainty of private business reaction on these intensification methods. Some studies of this reaction have been performed in Europe in recent years. For example, the change in private employment in relation to a 1%-increase in tax on energy consumption was studied26.

It turned out (Figure 3) that the average employment change was -0.1% (overall decrease in employment), while the maximum reduction of -1.5% is expected in air transport, followed by a lesser extent of reduced employment in production of office equipment, building constructions, electrical and radio equipment, cars, etc. However, employment increased to +0.75% in production of textiles, apparel, wood products, metal, plastic, cement, etc.

 

Figure 3: Average change in employment by sectors in relation to a 1%-increase in energy taxes

26 Commins N., Lyons S., Schiffbauer M., Tol R.S.J. Climate policy and corporate behaviour. - The Energy Journal, Vol. 32, No. 4, 2011. - P. 51-68.

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Figure 4: Sectoral employment and intensity of СО2 emissions in the sectors

A comparison of the dependence between the value of greenhouse gas emissions (Figure 4) in various sectors of activity and the added value from the number of people employed in this sector, performed in 27 OECD countries27, indicates a trend according to which the industries being the major source of greenhouse gas emissions – energy, metal and chemical plants – are moved out the countries.

These enterprises are transferred to third countries, where there is no strict legislation on the volume of greenhouse gas emissions and a cheap labor force exists. A transport sector, which is one of the main pollutants, is forced to upgrade in the direction of “green” vehicles, because there is no way to change its location. As a result, unemployment is increasing in these countries, while the third countries become “the main culprits” of air pollution, greenhouse gas emissions and climate change.

Global emissions of carbon dioxide increased by 3% in 2011, reaching an all-time high of 34 billion tonnes in 2011. With a decrease in 2008 and a 5% surge in 2010, the past decade saw an average annual increase of 2.7%. The top 5 emitters are China (29%), the United States (16%), the European Union (EU27) (11%), India (6%) and the Russian Federation (5%), followed by Japan (4%)28. In China, average per capita CO2 emissions increased by 9% to 7.2 tones CO2. Taking into account an uncertainty margin of 10%, this is similar to per capita emissions in the European Union. Such public policy can provide a temporary stable economic growth, but in case of large-scale implementation of these technologies, the problem is that they do not actually take account of “carbon and ecological footprint” at all the production stages – from manufacturing (the majority of components are manufactured in third countries) to exploitation. 27 Towards Green Growth. - OECD Publishing, 2011. - 146 pp. 28 Trends in global CO2 emission: 2012 Report. – Netherlands Environmental Assessment Agency, 2012. – 40 pp.

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4.3. Case Studies: Renewable Energy Sources

A number of case studies dedicated to introduction of Renewable Energy Sources29,30,31 is

used to show a contradiction between economic growth and environmental (climate) impact of their implementation. Widespread use of these technologies is expected to reduce CO2 emissions in 2050 by 21%, which, along with introduction of other low-carbon technologies will reduce by 2050 the expected volume (without the use of low-carbon technologies) of CO2 emissions of 62 Gt/year by 14 Gt/year (Figure 5), which corresponds to half of the CO2 emissions in 200532.

 

Figure 5: СО2 emission depending on implementation of low-carbon technologies

What it is not taken into account is the fact that development of wind energy needs considerable expenditures of cement (for supports) and metal (power and electrical constructions), as well as transportation over long distances. All of these procedures of creating wind turbines require a considerable amount of energy and resources that is taken into account when determining the value of the facilities, but not included in the reports concerning the replacement of traditional power generation capacities. It is necessary to introduce the concept of “resource payback” by analogy with the concept of financial return on investment projects, which will characterize the period of wind turbine work, needed to compensate for the greenhouse gases that were released to the atmosphere during its manufacture, transportation, installation and commissioning. Similar concepts can be applied to other sources of renewable energy: solar energy of all kinds, geothermal and hydro power, etc. It is also possible to use an already introduced concept33 of an “environmental footprint”, consisting of three components:

- Ecological footprint, measured by the area of contaminated land taken out of agricultural, municipal and domestic use;

- Carbon footprint – the volume of greenhouse gas emissions, and other pollutants; - Water footprint – volume of contaminated water unfit for human use and production.

29 IPCC Special Report on Renewable Energy Sources and Climate Change Mitigation. Prepared by Working Group III of the Intergovernmental Panel on Climate Change [O. Edenhofer, R. Pichs-Madruga, Y. Sokona, K. Seyboth, P. Matschoss, S. Kadner, T. Zwickel, P. Eickemeier, G. Hansen, S. Schlömer, C. von Stechow (Eds)]. - Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA, 2012. - 1075 pp. 30 Evaluating Policies in Support of the Deployment of Renewable Power. - Abu Dhabi, United Arab Emirates: IRENA Secretariat, 2012. - 24 pp. 31 Renewable Energy Jobs and Access. - Abu Dhabi, United Arab Emirates: IRENA Secretariat, 2012. - 80 pp. 32 Energy Technology Perspectives 2008: Scenarios and Strategies to 2050. - International Energy Agency, 2008. - 646 pp. 33 Anderson D.J. A Communications and Outreach Perspective / Critical Elements for New Energy Technologies: An MIT Energy Initiative Workshop Report, April 29, 2010. - Massachusetts Institute of technology, USA, 2010. - P 138-142.

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The ecological footprint can also be divided into the so-called material footprints: - Mineral footprint, meaning the removal of metals, non-fuel minerals, building materials,

etc from the land; - Chemical footprint is the production of biopolymers, petrochemical products and other

chemical products; - Energy footprint – the use of renewable energy sources (wind, sunlight, underground

heat, etc.), fossil fuels, minerals, fuels and other energy sources.

And if all of these footprints are considered together, their convergence will result in socioeconomic footprint, which is directly related to the man: his employment, health and population. And this is actually a repetition of well-known models of global development, realized in other terms, and the solution of these models under different scenarios provides the prospect of global climate change34.

4.4. Case Studies: Carbon Capture and Storage

A similar situation exists in the sphere of widespread adoption of CCS technologies35,36,37, which should lead to a 19% reduction of CO2 emissions in 2050 from the expected (without the use of low-carbon technologies) CO2 emissions volume of 62 Gt/year.

Introduction of CCS technologies will rise the price of electricity by an average of 30% (energy footprint), as well as will leave uncertain at the moment “ecological footprint” – as a result of land use for transporting and geological storage of CO2, and “chemical footprint” associated with the use of various chemical methods for CO2 capture. These implications of CCS technologies deployment require careful research when choosing a source where CO2 will be captured and specific sites for CO2 geological storage.

4.5. The role of intellectual property 

The important role in solving the problems caused by climate change belongs to the international system of intellectual property protection, which often prevents the transfer of low-carbon technologies to developing countries38,39,40. Developing countries are currently becoming the main producers of “dirty” products, as far as the developed countries raised highly their standards of quality of life; as a result important, but “dirty” productions are transferred to third countries where there are no strict rules for environmental protection. Such operations bring more profit to owners of these “dirty” industries and they are not interested in their voluntary modernization, which requires significant financial costs.

34 Climate Change 2007: Synthesis Report // Contribution of Working Groups I, II and III to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Core Writing Team, Pachauri, R.K. and Reisinger, A. (Eds.). - IPCC, Geneva, Switzerland, 2007. - 104 pp. 35 IPCC Special Report on Carbon Dioxide Capture and Storage [B. Metz, O. Davidson, H. de Coninck, M. Loos and L. Meyer (Eds.)]. - Cambridge University Press, UK, 2005. - 431 pp. 36 Technology Roadmap – Carbon Capture and Storage. - International Energy Agency, 2010. - 52 pp. 37 The Global Status of Carbon Capture and Storage: 2012. - Canberra, Australia: Global CCS Institute, 2012. - 218 pp. 38 Cannady C. Access to Climate Change Technology by Developing Countries: A Practical Strategy. - International Centre for Trade and Sustainable Development, Geneva, Switzerland, Issue Paper No. 25, 2009. - 44 pp. 39 Rimmer M. Intellectual Property and Climate Change: Inventing Clean Technologies. - Edward Elgar Publishing, 2011. - 495 pp. 40 Krishna R.S. Role of Open Innovation Models and IPR in Technology Transfer in the Context of Climate Change Mitigation / Diffusion of Renewable Energy Technologies: Case Studies of Enabling Frameworks in Developing Countries - Technology Transfer Perspective Series [J. Haselip, I. Nygaard, U. Hansen, E. Ackom (Eds.)]. - UNEP Riso Centre, Denmark, 2011. - P. 147-158.

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Also the modernization of “dirty” technologies used by local entrepreneurs in developing

countries is hampered by the international system of intellectual property protection, when the transition to any “clean” technology requires the acquisition of intellectual property rights (even non-exclusive). Using the principles of “open innovations” in deployment of low-carbon technologies in developing countries can contribute to solution of global climate problems. If all the known (patented) low-carbon technologies are provided the status of open innovations, this will be the main tool for solving the problems of climate stabilization.

4.6. Recommendations for development prospects

Today’s global challenges pose new problems before the mankind, which in its development have approached or already crossed the “point of no return”. One of the important problems is the prospect of global climate change, which can lead to acute political and socio-economic conflicts both within any state and between the countries.

All attempts undertaken currently within the old social values have not resulted in any decrease in volumes of greenhouse gases – they continue to grow on a global scale, although some states have managed to reduce CO2 emissions over the last 10 years.

A variety of low-carbon technologies have currently been developed and partially implemented, and in case of their large-scale deployment they could solve the problem of halving CO2 emissions in 2050 compared to 2005. But this is prevented by the international copyright protection system, which should be restructured according to the principles of “open innovations” in order to promote the diffusion of low-carbon technologies to developing countries.

Adoption of the post-Kyoto agreement which is currently being discussed would hardly lead to significant reductions in emissions of greenhouse gases on a global scale as the agreement is based on the principles of obtaining profits in any situation; therefore, it is necessary to find new (old) principles of influencing the consumer society, which is based on consumption growth (even if the growth is “green”).

The initiatives of the public to limit consumption of all resources and provide the level of a

personal life at “average”, and then at “minimum” level should be welcomed and supported. Such limitations will have to meet a lot of resistance from the “middle class” and the so-called “high society”, whose members are striving for unlimited consumption.

Time has come to return to the paradigm of the “limits to growth in all spheres of human activity” as an alternative path of human development with provision of economic conditions for climate stabilization. The main direction of economic development of countries, regions, enterprises and households should be the problem of reducing “carbon footprint” in all economic, social and personal activities.

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REVIEW of LAWS in the field of CLIMATE and ENVIRONMENT

Chebotova O.M., Shestavin M.S. Donetsk National University

Donetsk, Ukraine

Global climate change is one of the most serious environmental problems of the present and is increasingly becoming a cause of negative effects to the environment, economy and society. Climate change is not only a change in the environment, but also the issue of human rights of millions of people and communities around the world. Recognizing the global importance of the issue of anthropogenic climate change, 194 countries have ratified the United Nations Framework Convention on Climate Change and 187 countries also signed the Kyoto Protocol in addition to it.

Comparative analysis of national legislation in the area of climate change, made by GLOBE International in collaboration with Gratham Research Institute on Climate Change and the Environment and the London School of Economics and Political Science for 33 countries, both developed and developing countries, indicates the presence of Flagship legislation in all these countries, based on which separate laws for different branches and directions are being elaborated. For example, in the U.S. Flagship legislation is the Clean Air Act, in the UK – the Climate Change Act, in Poland – Strategies for Greenhouse Gas Emission Reductions in Poland until 2020, in Russia – Climate Doctrine of the Russian Federation, etc.

In Ukraine, there is no Flagship legislation, which would become the basis for the further development of legislation in the field of climate change. Recently, there were several attempts to prepare and adopt the relevant laws and government regulations.

Examples are the draft of the Law of Ukraine “On the basis of the state policy in the field of climate change mitigation and adaptation to its change” or the project of the National plan of adaptation to climate change for the period of 2011-2013. However, all of these projects are at the stage of public comment and have not been considered by the Verkhovna Rada and the Cabinet of Ministers.

1. Ukrainian legislation in the field of climate change

In 1996 Ukraine has ratified the United Nations Framework Convention on Climate Change41 (hereinafter - the Framework Convention), and subsequently, in 2004 - the Kyoto Protocol to the Framework Convention42 (hereinafter - the Kyoto Protocol), thus undertaking commitments to comply with the provisions of the international treaties. The main objective of the Framework Convention is to develop a strategy for protection and preservation of the climate system, to achieve stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate 41 United Nations Framework Convention on Climate Change (Convention ratified by Law of Ukraine from 29.10.1996 No. 435/96-VR) (in Ukrainian). - http://zakon4.rada.gov.ua/laws/show/995_044 UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE. - UNITED NATIONS, 1992. – 24 pp. - http://unfccc.int/resource/docs/convkp/conveng.pdf 42 Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto Protocol ratified by Law of Ukraine from 02.04.2004 No. 1430-IV) (in Ukrainian). - http://zakon4.rada.gov.ua/laws/show/995_801 KYOTO PROTOCOL TO THE UNITED NATIONS FRAMEWORK CONVENTION ON CLIMATE CHANGE. - UNITED NATIONS, 1998. – 20 pp. - http://unfccc.int/resource/docs/convkp/kpeng.pdf

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Legislation in the field of climate change is both national and international. Given the

priority of international laws over national ones, the essential role of regulations in the field of climate change belongs to the international treaties ratified by Ukraine.

As stated in the Article 9 of the Constitution of Ukraine43: “International treaties, agreed to be signed by the Verkhovna Rada of Ukraine, are the part of national legislation of Ukraine”.

In addition, Article 19 of the Law of Ukraine “On International Treaties of Ukraine”44 states: “If an international treaty of Ukraine, which entered into force in accordance with established procedure, establish rules other than those provided for in the relevant act of Ukrainian legislation, the rules of the international treaty prevail”.

Unfortunately, the Convention provisions are not properly fulfilled in Ukraine, mainly due

to the lack of appropriate regulation and completeness in implementation of its requirements in the national legislation. So far, Ukraine has an only national legal document - the National Action Plan45 to implement the provisions of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, approved by the Cabinet of Ministers of Ukraine in 2005, which provides for the following measures:

1. Ensure the improvement of the national system of assessment of anthropogenic emissions and absorption of greenhouse gases by:

- Conducting of annual inventory of anthropogenic emissions and absorption of greenhouse gas emissions under permits for greenhouse gases, reporting on the results of state statistical observations, the results of air monitoring, and others;

- Providing (2009-2012) the functioning of electronic database on the results of the inventory of anthropogenic emissions and removals of greenhouse gas emissions under the guidelines adopted by the Conference of the Parties to the UN Framework Convention on Climate Change;

- Elaborating (December 2009) the procedure of organization and monitoring of anthropogenic emissions of greenhouse gases;

Second Convention of the United Nations Framework Convention on Climate Change,

approved by the Cabinet of Ministers of Ukraine in 2005, which provides for the following measures:

- Conducting (2009-2012) of research aimed at improving the quality of the implementation of the national inventory of anthropogenic emissions and greenhouse gas absorption;

- Improving the system (December 2009) of methodological and information support used to determine the volume of greenhouse gas emissions in the sectors of the economy, according to international requirements and displaying the information about this volume based on the results of state statistical observations in reporting and statistical records;

- Elaborating (2009-2010) the methodology for determining the amount of greenhouse gases.

43 The Constitution of Ukraine, Law of Ukraine from 28.06.1996 No. 254k/96-VR (in Ukrainian) - http://zakon4.rada.gov.ua/laws/show/%D0%BA%D0%BE%D0%BD%D1%81%D1%82%D0%B8%D1%82%D1%83%D1%86%D1%96%D1%8F 44 Law of Ukraine “On International Treaties of Ukraine” No. 1906-IV from 29.06.2004 (in Ukrainian) - http://zakon4.rada.gov.ua/laws/show/1906-15 45 National Action Plan for implementation of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, adopted by the Cabinet of Ministers of Ukraine from August 18, 2005 No. 346 (in Ukrainian). - http://zakon4.rada.gov.ua/laws/show/272-2009-p

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2. Provide (annually until April 15) the Secretariat of the Framework Convention on Climate

Change with the proper reports on the issues of the national inventory of anthropogenic emissions and greenhouse gas absorption.

3. Create (2009-2012 years) favorable conditions for the application of the joint implementation mechanism in Ukraine, spreading among the industrial enterprises of relevant information and support in conducting workshops on the application of the mechanism in the regions.

4. Establish a national system for accounting of anthropogenic emissions and greenhouse gas absorption by:

- Providing (2009-2012) of functioning of the National Electronic Registry of anthropogenic emissions and greenhouse gas absorption;

- Disclosure (quarterly) of the information from the National electronic register of anthropogenic emissions and greenhouse gas absorption according to the requirements of the UN Framework Convention on Climate Change;

- Preparation and approval (June 2009) of the National Plan for allocation of

anthropogenic emissions by sources of greenhouse gases.

5. Elaborate: - Draft Law of Ukraine (June 2009) on regulation of anthropogenic emissions and

greenhouse gas absorption; - Drafts (September 2009) of regulations for amending the relevant laws that regulate the

issuance of permits for emission of pollutants into the air with account of anthropogenic emissions of greenhouse gases in them;

- Drafts (September 2009) of regulations amending the relevant laws that regulate the public accounting of objects performing emissions into the air with account of anthropogenic emissions of greenhouse gases.

6. Define (annually before April 1, starting from 2009) forecast indicators of possible

volume of sales by Ukraine of assigned units of greenhouse gas emissions in 2010-2012.

7. Provide (2009-2012) the operation and updating of the database on joint implementation projects.

8. To carry out (by the Conference of the Parties) the preparation and publication of national reports on climate change meeting deadlines according to decisions of the Conference of the Parties to the UN Framework Convention on Climate Change.

9. Elaborate (December 2010) the National action plan on climate change adaptation with identifying the sources of their funding, as well as recommendations for the development of a action plans for the local authorities.

10. Conduct a training workshop on the preparation of regional action plans for: - Mitigation of climate change for regional executive authorities (April 2009); - Adaptation to climate change for regional executive authorities (June 2010).

11. Elaborate: - National action plan to mitigate the effects of climate change (June 2009); - Regional action plans to mitigate the effects of climate change (September 2009);

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- Regional action plans for adaptation to climate change (April 2011); - Sectoral action plans for adaptation to climate change (December 2010).

12. Provide (2009-2012), Ukraine's participation in the conferences of the Parties to the UN

Framework Convention on Climate Change meeting the Parties to the Kyoto Protocol and their working groups on the basis of common approaches taking into account national interests.

13. Determine (December 2009) the level of technical capacity to reduce greenhouse gas emissions in Ukraine until 2020 in order to form its position after 2012.

14. Develop (December 2009) the strategic forecast of climate change, the consequences of this change for different sectors of the economy, as well as for life-support systems of people and ecosystems.

15. Create (September 2009) the database on environmentally friendly technologies and methods used to reduce anthropogenic emissions of pollutants and greenhouse gases and increasing their absorption, ensure constant updating of the database and its functioning.

16. Develop (September 2009) a plan for advanced training of specialists of executive authorities on implementation of the UN Framework Convention on Climate Change and the Kyoto Protocol.

17. Provide (2009-2012) training of scientific, technical and management personnel responsible for the implementation of the provisions of the UN Framework Convention on Climate Change and the Kyoto Protocol.

18. In order to inform the public on climate change and its consequences: - Update (permanently) the information about climate change on the websites of the

Ministry of Environment and the National Ecological Investment Agency, in particular on the state of implementation of the requirements of the UN Framework Convention on Climate Change and the Kyoto Protocol;

- Create (2009-2012 years) radio and TV shows at national and regional levels on a relevant subject;

- Ensure (2009-2012 years) publishing newsletters, flyers and posters; - Provide (monthly) publication of information on the approval of JI projects; - Intensify (2009-2012) the cooperation with international and Ukrainian environmental

non-governmental organizations on the agenda of the Conference of the Parties to the UN Framework Convention on Climate Change and the meeting of the Parties to the Kyoto Protocol;

- Provide (according to the plan of consultations with the public) the organization of public hearings on the preparation of legislative and other normative-legal acts on climate change.

Unfortunately, most of the Plan activities are not carried out on time and at full scale. Since

the ratification of the Framework Convention and the Kyoto Protocol, no legal instruments in the field of climate change were adopted at the level of a law. For several years, the government has been making the first steps on the legal settlement of the issue of climate change in Ukraine, as well as man-made greenhouse gas emissions, by developing a draft law of Ukraine “On the regulation and management of emissions and removals by sinks of greenhouse gases”, “On the environmental market of Ukraine”, “On regulation in the field of energy conservation”, “On greenhouse gases”.

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All of these projects have a common goal - to determine the legal and institutional

framework for preventing and mitigating the effects of climate change, the commitments of Ukraine under the Framework Convention and the Kyoto Protocol, and sometimes have the same content. The main focus of these projects is not the reduction of greenhouse gas emissions but the international trading of quotes and joint implementation projects. There is no independent state initiative to reduce the negative impact on the climate. However, these bills are still pending, and the first two of them –have to be “taken into account in next drafts”.

Only the draft Law of Ukraine “On regulation in the field of energy saving” has passed its first reading in the Verkhovna Rada of Ukraine, despite widespread criticism of the public and the conclusion of the Main Scientific Expert Department, which made some comments on its content, drew attention to a number of gaps and deficiencies that require significant refinement. This is due to the fact that the bill defines the legal, economic and organizational principles of the state policy in the regulation of anthropogenic emissions and greenhouse gas absorption in order to increase energy efficiency by implementing energy-saving technologies and aims to meet the obligations of Ukraine in this sphere.

However, the direction of energy is just one of the main results of the implementation of the provisions and mechanisms of the Kyoto Protocol. Thus, the title of the bill does not match its essence, content, objectives and tasks, reduces the possibility of the introduction of the flexible mechanisms under the Kyoto Protocol.

Regarding the draft Law of Ukraine “On regulation and management of emissions and absorption by absorbers of greenhouse gases”, it is the National action plan for implementation the Kyoto Protocol which envisages the approval of the law. However, despite its substantial similarity to the draft law “On regulation in the field of energy conservation”, the draft is to be taken into account in the draft law “On regulation in the sphere of energy saving”.

As a result of scientific examination of the draft Law of Ukraine “On environmental market of Ukraine”, an expert opinion was provided on the expediency of its rejection based on the results of the first reading. Important tasks were set out in the draft Law of Ukraine “On greenhouse gases” in the field of prevention and mitigation of climate change, the commitments of Ukraine under the Framework Convention and the Kyoto Protocol. However, it was withdrawn from consideration on 07.07.2010.

2. The current Ukrainian legislation, which has an indirect relationship to the field of climate change

Despite the lack of specific laws on climate change, the current legislation of Ukraine has laid the basis for protection, conservation and restoration of the atmospheric air, as one of the major essential elements of the environment, in some of laws even before the ratification of the Framework Convention and the Kyoto Protocol by Ukraine. In particular, the general requirements in the field of atmospheric air protection are formulated in the Law of Ukraine “On Air Protection”46, which sets out the legal and institutional framework and environmental requirements in the field of air, among them, the following standards: environmental safety of air, the maximum allowable pollutant substances from stationary sources; exposure limit of physical and biological factors of stationary sources of pollutants in the exhaust gases and the impact of physical factors of mobile sources, the allowable emissions of pollutants, etc. 46 Law of Ukraine “On Air Protection” from 16.10.1992 No. 2707-XII (in Ukrainian) - http://zakon4.rada.gov.ua/laws/show/2707-12

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Greenhouse gas emissions are becoming a part of the air, since according to the Law of

Ukraine “On protection of atmospheric air”, the air is a vital component of the environment, a natural mixture of gases outside the residential, industrial and other facilities. The air is needed for breathing of living creatures and is a mean of ensuring a person's life, the right to which is guaranteed by the Article 27 of the Constitution of Ukraine47.

Also, certain aspects of 79 laws of Ukraine in the form of brief summaries in English with Internet links to the full texts of the laws in Ukrainian language are presented in 3 Annexes, which are described below.

47 The Constitution of Ukraine, Law of Ukraine from 28.06.1996 No. 254k/96-VR (in Ukrainian) - http://zakon4.rada.gov.ua/laws/show/%D0%BA%D0%BE%D0%BD%D1%81%D1%82%D0%B8%D1%82%D1%83%D1%86%D1%96%D1%8F

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ANNEX A: LAWS of UKRAINE 2012-2007

CONTENTS: Page: On the National Target Program of Protecting the Public and Territories from Man-Made and Natural [...] 28 On Amendment to Certain Legislative Acts of Ukraine on the List of Sites of Subsurface Resources 30 On Amendments to the Law of Ukraine "On the National Program "Drinking Water of Ukraine" for 2006 - [...] 31 On Amendments to the Law of Ukraine "On Scientific and Technical Research Activity" 33 On the Priority Directions of Innovation Activity in Ukraine 34 On the Peculiarities of Lease or Concession of State-Owned Objects of the Fuel and Energy Complex 36 On Support of Fiscal Measurement of Natural Gas 40 Air Code of Ukraine 42 On Ratification of the Nationwide Mineral Resources Base Development Program of Ukraine for the Period [...] 50 On the Main Principles (Strategy) of the National Environmental Policy of Ukraine for the Period until [...] 52 On the Power Engineering Lands and the Legal Status of Special Zones of the Power Engineering [...] 54 On the Principles of the Natural Gas Market Operation 56 On Ratification of the Amendment to Annex B of the Kyoto Protocol to the United Nations Framework [...] 57 On Scientific Parks 58 On Coalbed Gas (Methane) 60 On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Incentives for Using Alternative [...] 62 On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Regulation of Electric Energy [...] 64 On the National Program ‘The National Plan of Action to Implement the United Nations Convention on the [...] 66 On the Ratification of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty 70 On the National Program for Putting out of Operation the Chornobyl Atomic Energy Station and Transforming [...] 72 On Amendments to Some Laws of Ukraine with Respect to Setting up Quality Management Systems, Environmenta [...] 75 On the National Targeted Environmental Program for Radioactive Waste Management 76 On Amendments to Some Laws of Ukraine Related to Making Public the Information Concerning Radioactive [...] 78 On the Ratification of the Stockholm Convention on Persistent Organic Pollutants 79 On Amendments to Some Pieces of Legislation of Ukraine Related to the Provision of Incentives for [...] 84 On the Ratification of the Black Sea Biodiversity and Landscape Conservation Protocol to the Convention [...] 86 Note: when you press (while pressing Ctrl) on the underlined name of the law in a browser window to display the full version of this law in the Ukrainian language.

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On the National Target Program of Protecting the Public and Territories from Man-Made and Natural [...] Verkhovna Rada of Ukraine; Law, Program, Passport [...] from 07.06.2012 № 4909-VI http://zakon4.rada.gov.ua/laws/anot/en/4909-17

Law of Ukraine

“On the National Target Program of Protecting the Public and Territories from Man-Made and Natural Emergencies for 2013 – 2017”

Date of entry into force:

January 1, 2013 The Law adopts the National Target Program of Protecting the Population and Territories from Man-Made and Natural Disasters for 2013 – 2017 (hereinafter referred to as “Program”). The purpose of the Program is gradually lowering the risk of man-made and natural emergencies (hereinafter referred to as “emergencies”), and increasing the degree of safety of the public and territories from the consequences of such situations. The optimal option for solving the problem of protecting the public and territories from man-made and natural emergencies is implementing the state policy is the sphere of protecting the public and territories from emergencies, by means of systematic implementation of top-priority measures aimed at protecting the public and territories from emergencies, using the resources of the state and other resources not prohibited by law. The Program provides for implementing top-priority measures aimed at protecting the public and territories from emergencies in the following directions:

- engineering protection of territories from emergencies; - preventing the occurrence and liquidating the consequences of emergencies at sites and

territories characterized by unsatisfactory technological and ecological state; - clearing territories of explosive materials; - reclamation of territories polluted as a result of military action; - hydrometerological support; - material and technical re-equipment of the civil protection forces and management bodies; - increasing the efficiency of rapid and comprehensive reaction to emergencies.

It is envisaged that the Program’s task will be implemented by carrying out a range of works on:

- landslide protection of territories; - bank protection of the Azov and the Black seas and other water bodies; - sinkhole protection of territories; - liquidation of the consequences of hazardous exogenous processes resulting from the impact

of mining works on the territory of the Solotvyno Salt Mine State Enterprise (township of Solotvyno, Tyachiv district, Zakarpattya region);

- improving the system of hydraulic structures dam control; - removing explosive residue of the TNT manufacturing process on the territory of the

Gorlivka Chemical Plant State Enterprise (city of Gorlivka, Donetsk region); - treating hazardous beryl-containing waste on the territory of the Zakhid State Research and

Production Enterprise (city of Kyiv); - sanitation of territories and objects of Radical Open Joint Stock Company (city of Kyiv);

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- liquidation of environmental and social consequences of long-term oil and mineral wax

mining on the territory of the city of Boryslav, Lviv region; - protecting territories and population centers of the Sokal district and the Chervonograd city

council, Lviv region; - liquidation of the negative environmental consequences of the work of the Potassium Plant,

subsidiary enterprise of Oriana Open Joint Stock Company (city of Kalush, Ivano-Frankivsk region);

- making safe the Dnieper navigational hydraulic structures (locks); - creating an automated early warning system for detecting emergencies and informing the

public in case of emergencies, at 1,276 chemically hazardous sites; - making environmentally safe the territory contaminated by ammunition and other explosive

objects; - providing pyrotechnical divisions with warehouse rent services for explosive substances; - neutralizing and destroying explosive objects; - liquidating former launching tubes and making environmentally safe the contaminated

territory of the military infrastructure sites; - making environmentally safe the contaminated territory of rocket fuel storage bases; - making environmentally safe the contaminated territory of bases, arsenals and ammunition,

fuel and lubricant storage warehouses; - making environmentally safe the contaminated territory of military airfields; - improving the state hydrometeorological survey system and the basic environmental

contamination survey system; - developing scientific research; - infrastructural support in the sphere of hydrometeorological activity; - technical re-equipment of the civil protection rapid response and rescue service and state

emergency rescue services of the Ministry of Emergencies of Ukraine; - technical re-equipment of the Mobile Rescue Center of the Ministry of Emergencies of

Ukraine state enterprise; - technical re-equipment of aviation divisions of the Ministry of Emergencies of Ukraine; - modernizing the system for centralized public information; - improving the information and telecommunication system of the Ministry of Emergencies of

Ukraine; - ensuring the functioning and development of the Governmental Information and Analysis

System for Emergencies; - creating an operational reserve of the Ministry of Emergencies of Ukraine to ensure prompt

reaction to emergencies and immediate assistance to victims. It is envisaged that implementing the Program will allow:

- ensuring an appropriate level of public safety, protection of territories, and manufacturing, social and cultural sites from emergencies;

- decreasing the risk of emergencies and minimizing their consequences; - improving the mechanism of emergency monitoring and forecasting; - increasing the effectiveness of the use of funds allocated for measures aimed at protecting

the public and territories from emergencies; - carrying out material and technical re-equipment of divisions of the civil protection Rapid

Response and Rescue Service, and state specialized emergency rescue services of the Ministry of Emergencies of Ukraine, and increasing their work efficiency.

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On Amendment to Certain Legislative Acts of Ukraine on the List of Sites of Subsurface Resources Verkhovna Rada of Ukraine; Law from 21.10.2011 № 3959-VI http://zakon4.rada.gov.ua/laws/anot/en/3959-17

Law of Ukraine

"On Amendment to Certain Legislative Acts of Ukraine on the List of Sites of Subsurface Resources"

Date of entry into force:

November 17, 2011 The Law withdraws clause 11 of Article 8, clause 2 of Article 9, and clause 2 of Article 9-1 of the Code of Ukraine on Bowels:

- the competence of the Cabinet of Ministers of Ukraine in the sphere of geological exploration, use and protection of the bowels includes adopting the list of sites of subsurface resources (mineral resource deposits) the use of which can be granted on terms determined by production sharing agreements;

- the competence of the Verkhovna Rada of the Autonomous Republic of Crimea, according to the procedure established by the Code of Ukraine on Bowels and other legislative acts, includes coordinating the list of sites of subsurface resources (mineral resource deposits) the use of which can be granted on terms determined by production sharing agreements;

- the competence of regional councils and the Kyiv and Sevastopol city council, according to the procedure established by the Code of Ukraine on Bowels and other legislative acts, includes coordinating the list of sites of subsurface resources (mineral resource deposits) the use of which can be granted on terms determined by production sharing agreements.

The Law withdraws the provisions of part 2, Article 6 of the Law of Ukraine "On Production Sharing Agreements", according to which the List of Sites of Subsurface Resources (Mineral Resource Deposits) the use of which can be granted on terms determined by production sharing agreements is adopted by the Cabinet of Ministers of Ukraine, based on joint suggestion of the Interdepartmental Commission and appropriate central executive power bodies, with preliminary agreement of this list with the Verkhovna Rada of the Autonomous Republic of Crimea or the body of local self-government, and published in the official media of Ukraine and foreign mass media. The new version of part 3, Article 6 of the Law of Ukraine "On Production Sharing Agreements" envisages that is it forbidden to change the geographical coordinates of sites of subsurface resources (mineral resource deposit) that are subject of a concluded production sharing agreement, subject of an announced competition to conclude a production sharing agreement, or subject of negotiation by the Interdepartmental Commission to conclude a production sharing agreement.

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On Amendments to the Law of Ukraine "On the National Program "Drinking Water of Ukraine" for 2006 - [...] Verkhovna Rada of Ukraine; Law, Program, Passport [...] from 20.10.2011 № 3933-VI http://zakon4.rada.gov.ua/laws/anot/en/3933-17

Law of Ukraine

"On Amendments to the Law of Ukraine "On the National Program "Drinking Water of Ukraine" for 2006 - 2020"

Date of entry into force:

November 13, 2011 The Law envisages amending the Law of Ukraine "On the National Program "Drinking Water of Ukraine" for 2006 – 2020" and presenting it in a new version. The Law adopts the National Target Program "Drinking Water of Ukraine" for the years 2011 – 2020 (hereinafter referred to as "Program"). The purpose of the Program is ensuring the rights of the citizens, as guaranteed by the Constitution of Ukraine, to a sufficient standard of living and environmental safety, through providing drinking water in sufficient amounts and according to the established norms. It envisages that problems in the sphere of drinking water supply and water disposal shall be resolved through:

- bringing sanitary protection zones and water conservation zones of drinking water sources into conformance with the normative requirements, evaluating environmental and hygienic conditions of drinking water sources for conformance to the established requirements;

- inventory of sewage treatment facilities; - constructing and reconstructing water-retaining and sewage treatment facilities in order to

decrease the amount of untreated sewage dumped into water bodies, and to utilize the sediments;

- constructing and implementing drinking water additional purification stations (facilities) and drinking water dispensing points, with the use of innovative materials, technologies, equipment, instruments, and research and engineering developments;

- developing schemes to optimize the work of centralized water supply systems; - equipping water and sewage quality control laboratories with modern control and analysis

equipment; - harmonizing the normative and legal base in the sphere of drinking water supply and water

disposal with the European Union standards, with consideration to the national specifics, including in respect of increasing the liability for violating environmental pollution norms, primarily regarding dumping industrial waste into water bodies;

- carry out comprehensive research and engineering development, with the use of innovative technologies, equipment, materials and instruments, aimed at energy and resource conservation, increased drinking water quality, and improved sewage treatment, as well as implementing these developments.

Implementing the Program will allow:

- ensuring the implementation of the state policy in the sphere of drinking water and drinking water supply;

- increasing the quality of drinking water and sewage treatment;

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- ensuring utilization of sediments created during sewage and drinking water treatment; - improving the sanitary, epidemiological and environmental situation of Ukraine; - ensuring protection of drinking water sources; - implementing innovative technologies with the use of modern equipment, instruments and

materials, at drinking water supply and water disposal enterprises; - decreasing losses of drinking water; - ensuring uninterrupted drinking water supply to the population with access to centralized

water supply networks.

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On Amendments to the Law of Ukraine "On Scientific and Technical Research Activity" Verkhovna Rada of Ukraine; Law from 08.09.2011 № 3714-VI http://zakon4.rada.gov.ua/laws/anot/en/3714-17

Law of Ukraine

"On Amendments to the Law of Ukraine "On Scientific and Technical Research Activity"

Date of entry into force: October 5, 2011

The Law of Ukraine "On Scientific and Technical Research Activity" of December 13, 1991 determines the legal, organizational and financial principles for the functioning and development of the scientific and technical sphere, creates conditions for scientific and technical research activity and for the satisfaction of the needs of the society and the state for technological development. Article 34 of the Law of Ukraine "On Scientific and Technical Research Activity" determines the procedure for budget financing of scientific and technical research activity. The Law supplements Article 1 of the Law of Ukraine "On Scientific and Technical Research Activity" with definitions of terms "technical research (experimental) development", "scientific (technical research) products" and "grant", and clarifies the definition of the term "applied scientific research". The Law supplements Article 34 of the Law of Ukraine "On Scientific and Technical Research Activity" with a new part, according to which, financial support of scientific and technical research activity is done at the expense of the State Budget of Ukraine, own or borrowed funds of enterprises, institutions or organizations, funds of domestic and foreign customers, grants, and other sources not prohibited by law. The new version of part 5, Article 34 of the Law of Ukraine "On Scientific and Technical Research Activity" envisaged that budget financing of scientific and technical research activity is carried out by financing the main activity of state scientific institutions, financing scientific research in higher educational institutions of accreditation levels III and IV, financing specific scientific and technical research programs, and awarding grants. Amendments to part 8, Article 34 of the Law of Ukraine "On Scientific and Technical Research Activity" envisage that program-oriented financing is normally carried out on competition basis, for the purposes of:

- supporting fundamental scientific research under grant of the State Fund for Fundamental Research and other state funds created to support scientific and technical research activity;

- formulating scientific principles of state policy in respective spheres, carrying out scientific expert analysis of drafts of normative legal acts and state programs;

- developing the material and technical base for scientific and technical research activity. The Law also supplements Article 34 of the Law of Ukraine "On Scientific and Technical Research Activity" with a new part, according to which, the procedure for creating and fulfilling an order for fundamental scientific research and applied scientific research, and for carrying out scientific and technical (experimental) research at the expense of the State Budget of Ukraine is established by the Cabinet of Ministers of Ukraine.

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On the Priority Directions of Innovation Activity in Ukraine Verkhovna Rada of Ukraine; Law from 08.09.2011 № 3715-VI http://zakon4.rada.gov.ua/laws/anot/en/3715-17

Law of Ukraine

"On the Priority Directions of Innovation Activity in Ukraine"

Date of entry into force: October 2, 2011

According to Article 2 of the Law, priority directions of innovation activity in Ukraine (hereinafter referred to as "priority directions") are scientifically and economically feasible, and established according to the Law, directions for innovation activity aimed at ensuring the economic security of the state, creating high-tech, competitive and environmentally safe products, rendering high-quality services and increasing the export potential of the state, efficiently using both domestic and international scientific and technical achievements. The priority directions of innovation activity are divided into:

- strategic priority directions (approved by the Verkhovna Rada of Ukraine for a period of up to 10 years);

- medium-term priority directions (determined for a period of up to 5 years, and aimed at implementing the strategic priority directions).

Proposals for strategic priority directions and their forecast and analytical feasibility analysis are prepared by the central body of executive power in the sphere of scientific, technical and innovation activity, and submitted to the Cabinet of Ministers of Ukraine. The proposals for strategic priority directions and their feasibility analyses submitted by the central body of executive power in the sphere of scientific, technical and innovation activity are approved by the Cabinet of Ministers of Ukraine in the form of law drafts, before March 1 of the second-to-last year of the period for which the previous strategic priority directions had been determined (Article 3 of the Law). According to Article 4 of the Law, the strategic priority directions for the years 2011-2021 are:

- mastering new energy transporting technologies, implementing energy-efficient and resource-saving technologies, mastering alternative energy sources;

- mastering new technologies for high-tech development in the transport system, rocket and space field, aircraft and ship construction, armaments and military equipment;

- mastering new technologies for production, processing and joining of materials, creating the nanomaterial and nanotechnology industry;

- technological renovation and development of the agroindustrial complex; - implementing new technologies and equipment for quality medical care, treatment and

pharmaceutical field; - wide application of cleaner production and environmental protection technologies; - developing modern information and communication technologies, and robotics.

The medium-term priority directions are formed on the basis of the strategic priority directions determined by the Law, in order to implement them step by step, on the national, industry and regional levels. The medium-term priority directions can be set on the national, industry and regional levels.

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The medium-term priority directions on the national and industry levels are approved by the Cabinet of Ministers of Ukraine, at the recommendation of the central body of executive power in the sphere of scientific, technical and innovation activity, during three months after the strategic priority directions of innovation activity have been determined by the law. The medium-term priority directions on the regional level are approved by the Verkhovna Rada of the Autonomous Republic of Crimea and local councils by recommendation of the Council of Ministers of the Autonomous Republic of Crimea and local state administrations, based on the strategic priority directions and medium-term priority directions on the national level, taking into consideration the forecast for economic and social development of the appropriate region (Article 5 of the Law). According to Article 6 of the Law, to implement medium-range priority directions, the state ensures measures to:

- develop the innovation infrastructure (innovation centers, technological parks, scientific parks, technopolises, innovation business incubators, technology transfer centers, innovation clusters, venture funds, etc.);

- top-priority review of applications for inventions that correspond to the medium-term priority directions on the national level;

- provide direct budget financing and co-financing; - compensate interest rates on loans received by business entities in banks; - partially compensate production costs; - provide loans from the state budget funds and from the funds of the credits (loans) and

grants of international financial organizations taken out by the state or under state guarantees;

- provide subsidies to local budgets from the state budget; - grant tax, customs and currency preferences.

The Law also introduces appropriate amendments to the Law of Ukraine "On Innovation Activity".

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On the Peculiarities of Lease or Concession of State-Owned Objects of the Fuel and Energy Complex Verkhovna Rada of Ukraine; Law from 08.07.2011 № 3687-VI http://zakon4.rada.gov.ua/laws/anot/en/3687-17

Law of Ukraine

"On the Peculiarities of Lease or Concession of State-Owned Objects of the Fuel and Energy Complex"

Date of entry into force:

October 5, 2011 According to Article 1 of the Law, objects of the fuel and energy complex are integral property complexes or systems of integral property complexes of enterprises, their structural divisions (branches, workshops, sections) that provide for (are intended for) and are sufficient to carry out business activity in the sphere of black coal and lignite (brown coal) extraction and processing. According to the Law, the following objects of the fuel and energy complex are subject to lease or concession:

- objects at which modern production technologies can be implemented and those that require modernization (technical renovation) of the technological process;

- open pits and mines for extraction and processing of coal, which are non-prospective and subject to closing;

- objects of construction in process and temporarily abandoned objects, which are state-owned and may be completed in order to be used to work in the sphere of black coal and lignite (brown coal) extraction and processing.

Article 3 of the Law envisages that the decision as to whether granting lease or concession for objects of the fuel and energy complex is feasible is made by the authorized management body –a central body of executive power in the issues of ensuring implementation of the state policy in the fuel and energy complex (hereinafter referred to as "authorized management body"). A legal entity can be the lessee or concessionary of an object of the fuel and energy complex (Article 4 of the Law). According to Article 5 of the Law, the decision as to whether granting lease or concession for an object of the fuel and energy complex is feasible is made by the authorized management body, by initiative of:

- legal entities that may be lessees or concessionaries according to the Law; - the authorized management body.

An application containing the initiative to grant lease or concession for an object of the fuel and energy complex is submitted for review by the interested persons to the authorized management body. Based on the results of the application (address) review, the authorized management body makes the decision to grant lease or concession for the object of the fuel and energy complex, or to refuse granting lease or concession for it. If the authorized management body makes the decision to grant lease or concession for a state-owned object of the fuel and energy complex, the appropriate object is subjected to organizational and technical preparation to be leased or conceded. After this preparation has been complete, a contest for the right to receive the lease or concession of the object is announced.

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The contest for the right to receive the lease of the object is announced by the State Property Fund of Ukraine, by recommendation of the authorized management body, within 10 days after receiving such recommendation. The procedure for organizational and technical preparation of objects of the fuel and energy complex for lease or concession is determined by Article 6 of the Law. Article 7 establishes the procedure for the contest for the right to receive the lease of objects of the fuel and energy complex. The contest winner is the contender who had offered the best lease terms according to the contest documents. The State Property Fund concludes a lease agreement with the contest winner, after approving all terms of the lease and adopting the final version. The concession contest is held according to the procedure described in Article 8 of the Law. The contest winner is the contender who had offered the best concession terms. The authorized management body concludes a concession agreement with the concession contest winner, after approving all terms of the concession. The terms of the agreement concluded with the contest winner must not be different from the terms of the contest bid that were the basis for declaring the winner. According to Article 9 of the Law, the following are the essential terms of lease or concession agreements for objects of the fuel and energy complex, except for those determined by the Laws of Ukraine "On Concessions" and "On State and Communal Property Lease": A) in business activity:

- procedure and terms of restoring the leased or conceded object and the terms for its return; - procedure and terms for writing off of property that is part of the leased or conceded object; - obligations of the agreement parties on ensuring preservation of the leased or conceded

object; - obligations to maintain the leased or conceded object according to the requirements of state

standards, norms and regulations effective in the appropriate sphere of activity; - obligations of the lessee or concessionary to use the leased or conceded object for the

designated purpose, according to the industrial profile of the enterprise that had previously operated the object, to extract and process black coal and lignite (brown coal), in guaranteed amounts and at the appropriate quality level;

- procedure for controlling the state of the leased object, carried out by the authorized management body jointly with the State Property Fund of Ukraine

- procedure for controlling the state of the conceded object, carried out by the authorized management body;

- liability of the parties, including the liability of the lessee or concessionary for the operating safety of the object;

- ensuring production in the specified amounts and with the specified quality parameters; - ensuring the use of rational, environmentally safe and non-harmful technologies; - ensuring the implementations of measures aimed at comprehensive utilization of the bowels; - prohibition of resuing and above-norm losses of fuel and energy resources; - ensuring storage and record-keeping of materials and production refuse that is required but

currently unused; - ensuring that land plots vacated by the lessee or the concessionary are brought to a usable

state according to the Land Code of Ukraine; - implementing measures to prevent possible harmful (hazardous) impact of the consequences

of any accidents taking place at the leased or conceded object, as well of any natural disasters;

- carrying out the given mobilization tasks;

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- ensuring adherence to the environmental requirements and other statutory requirements on

environmental protection, and resolving environmental and hydrogeological problems arising during operation of the leased or conceded objects;

- ensuring constant monitoring of the state of the environment; B) in economic activity:

- ensuring decrease of accounts receivable and payable; - ensuring timely payment of taxes, fees and insurance payments; - ensuring monthly payment of wages to the enterprise employees, according to the terms

provided for by the collective agreement; - increasing the wages with regard to the inflation processes and according to the terms

determined by the industry agreement; - ensuring payment of wages in arrears that are present as of the time of lease of the object; - insuring the leased or conceded object and the investment obligations, at the expense of the

lessee or concessionary; - investment volumes of the lessee or concessionary of the leased or conceded object; - scope of work that must be financed (performed) by the concessionary and/or list of

property that must be created by the concessionary; C) in social activity:

- ensuring appropriate levels of work safety and occupational health and safety; - ensuring medical, sanitary and domestic services for the enterprise employees; - ensuring preservation of the number of workplaces provided for by the collective agreement; - ensuring fulfillment of the requirements of the industry agreement and collective agreement

of the enterprise. Lease agreements for objects of the fuel and energy complex are subject to notarial certification (Article 10 of the Law). According to Article 11 of the Law, concluded lease or concession agreements for objects of the fuel and energy complex are subject to registration. Lease agreements are registered by the State Property Fund of Ukraine. Concession agreements are registered by the authorized management body. The registration is of notification nature and carried out free of charge. The specifics of lease for state-owned objects of the fuel and energy complex are envisaged by Article 12 of the Law. The state retains the property right for the leased objects of the fuel and energy complex, including those that were reconstructed or re-equipped by the lessees at the expense of depreciation deductions. The amount of depreciation deductions by which the lease payment was decreased is used to finance work aimed at improving the lease object, carried out by the lessee according to the procedure and terms determined by the lease agreement, as agreed on with the lessor. The lessee of the object of the fuel and energy complex has the right to reconstruct, re-equip and improve the leased property at their own expense. Any improvement of the leased object of the fuel and energy complex that cannot be separated from the leased object without damaging the latter may only be introduced by the lessee by consent of the lessor and the authorized management body (Article 13 of the Law). Article 14 of the Law states that the effective term of the lease agreement for an object of the fuel and energy complex is determined by the parties during the agreement conclusion and stated in the agreement. This term may be no less than two years and no more than twenty-five.

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The object of the fuel and energy complex must be transferred to the lessee no later than six months after the lease agreement has been concluded. A protocol of acceptance and delivery is drawn up by the representatives of the lessor and the lessee to certify the transfer of the object. The lease agreement for the object of the fuel and energy complex is terminated prematurely in the following cases:

- destruction of the leased object – from the moment of the fact of such destruction being established;

- liquidation of the legal entity of the lessee; - cessation of business activity by the lessee; - systematic non-fulfillment or gross violation of the lease agreement terms by the lessee, the

lessee's failure to procure permit documents necessary for business activity within 12 months of the agreement conclusion, and in other cases provided for by the law – by the court decision;

- mutual consent of the parties. The procedure for returning objects of the fuel and energy complex in case of termination of the lease agreement is envisaged by Article 15 of the Law. Article 16 of the Law determines specifics for objects of the fuel and energy complex. According to Article 17 of the Law, the effective term of the concession agreement for an object of the fuel and energy complex is determined by the parties and may be no less than ten years and no more than fifty. The object of the fuel and energy complex must be transferred to the concessionary no later than six months after the agreement has been concluded. A protocol of acceptance and delivery is drawn up by the representatives of the concessionary and the concessioner to certify the transfer of the object. The concession agreement for the object of the fuel and energy complex is terminated prematurely in the following cases:

- destruction of the conceded object – from the moment of the fact of such destruction being established;

- liquidation of the legal entity of the concessionary; - cessation of business activity by the concessionary; - systematic non-fulfillment or gross violation of the concession agreement terms by the

concessionary, the concessionary's failure to procure permit documents necessary for business activity within 12 months of the agreement conclusion, and in other cases provided for by the law – by the court decision;

- mutual consent of the parties. The procedure for returning objects of the fuel and energy complex in case of termination of the concession agreement is envisaged by Article 18 of the Law. The Law also introduces appropriate amendments to the Code of Ukraine on Bowels, the Land Code of Ukraine, the Laws of Ukraine "On State and Communal Property Lease" and "On Concessions".

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On Support of Fiscal Measurement of Natural Gas Verkhovna Rada of Ukraine; Law from 16.06.2011 № 3533-VI http://zakon4.rada.gov.ua/laws/anot/en/3533-17

Law of Ukraine

"On Support of Fiscal Measurement of Natural Gas"

Date of entry into force: July 9, 2011

The present Law determines the legal, economic and organizational principles of providing all consumer categories with natural gas measurement units in order to implement complete fiscal measurement of natural gas and control the use of imported natural gas resources as well as domestically extracted natural gas. Article 1 of the Law provides definitions of the terms used in the Law. For example, fiscal measurement of natural gas (hereinafter referred to as "natural gas measurement") stands for measuring the volume of consumed and/or sold natural gas with the use of a measurement unit, based on which mutual settlements are done between natural gas consumers and business entities that supply natural gas. According to Article 2 of the Law, supply of natural gas is carried out on the condition of its fiscal measurement, as follows:

- for general public residing in apartments and private houses, in which natural gas is used: 1) for multiple purposes, including heating – starting January 1, 2012; 2) for water heating and cooking – starting January 1, 2016; 3) for cooking only – starting January 1, 2018;

- for other consumers – starting July 1, 2011. Commissioning of newly-constructed and/or reconstructed apartment blocks, as well as production and non-production structures (industrial, public sector, social and cultural structures, etc.) with gas supply systems is carried out only if they are equipped with natural gas measurement units. Article 3 of the Law envisages that financing of the works required to equip the general public with gas counters is carried out using:

- the funds of business entities distributing natural gas in the respective area; - the funds of the appropriate budget; - other sources not forbidden by the legislation.

Financing of the works required to equip natural persons – entrepreneurs and legal entities with gas measurement units is carried out using:

- the funds of natural persons – entrepreneurs that are using gas supply services according to the appropriate agreement, to carry out entrepreneurial activity;

- the funds of legal entities that are using gas supply services according to the appropriate agreement.

The works required to install natural gas measurement units are performed by business entities that:

- distribute natural gas in the respective area; - have received appropriate permits to install gas measurement units.

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According to Article 5 of the Law, in case the general public refuses installation of gas counters by business entities distributing natural gas in the respective area, distribution of natural gas to the general public residing in apartments and private houses is stopped as follows:

- where natural gas is used for multiple purposes, including heating – starting January 1, 2012;

- where natural gas is used for water heating and cooking – starting January 1, 2016 - where natural gas is used for cooking only – starting January 1, 2018.

The obligations and responsibility of business entities distributing natural gas in the respective area are envisaged in Article 6 of the Law. The Law also introduces appropriate amendments to the Law of Ukraine "On the Principles of the Natural Gas Market Operation".

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Air Code of Ukraine Verkhovna Rada of Ukraine; Code of Ukraine, Law, Code from 19.05.2011 № 3393-VI http://zakon4.rada.gov.ua/laws/anot/en/3393-17

The Air Code of Ukraine

Date of entry into force: September 16, 2011

The Air Code of Ukraine (hereinafter referred to as “the Code”) establishes the legal grounds for activities in the aviation industry. State regulation of activities in the aviation industry and the use of Ukraine's airspace is aimed at ensuring safe aviation, providing for the interests of the state, national security, and the needs of the society and the economy for air transportation and aviation works. Ukraine has full and exclusive sovereignty over Ukraine's airspace, which is a part of the Ukrainian territory (Article 2 of the Code). According to Article 4 of the Code, state regulation in the aviation industry and the use of Ukraine's airspace entails creating the state policy and development strategy, determining the tasks, functions and operational conditions in the aviation industry and the use of Ukraine's airspace; implementing aviation safety measures; adopting compulsory aviation rules of Ukraine, exercising state control of adherence to them and instituting liability for their violation. The President of Ukraine and the Cabinet of Ministers of Ukraine ensure implementation of the state policy on Ukrainian aviation development according to the Constitution of Ukraine and the Laws of Ukraine. Aviation is divided into:

- civil aviation (satisfies the needs of the state and the public for air transport and aviation works, as well as private flights; divided into commercial aviation and general purpose aviation);

- state aviation (uses aircrafts in order to ensure national security, defense of the state and protection of the population – the tasks which are assigned to the Armed Forces of Ukraine, other military formations created according to the laws of Ukraine, law enforcement bodies, the specially authorized central body of executive power in the issues of civil protection, Ukraine state border control bodies, and the customs bodies).

The authorized body in the field of civil aviation is the central body of executive power in the issues of civil aviation, which is created and has its status determined by the President of Ukraine (hereinafter referred to as "the authorized body in the issues of civil aviation"). The authorized body of executive power in the issues of civil aviation is the Ministry of Defense of Ukraine. The authorized body in the issues of civil aviation and the Ministry of Defense of Ukraine, within the scope of their authority, are charged with the issues of regulating the use of Ukraine's airspace. Investigation of aviation-related events, incidents involving Ukrainian and foreign civil aircrafts, and cases of violation of the procedure for the use of Ukraine's airspace are assigned to the specialized expert institution for investigation of aviation-related events. Aviation safety consists of flight safety, aviation security, environmental safety, economic safety and informational safety (Article 10 of the Code).

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Article 13 of the Code envisages that enterprises and organizations carrying out the following activities in the field of civil aviation must procure a certificate of conformance to the requirements of the aviation rules of Ukraine:

- development of civil aviation machinery and changes to it aimed at approving standard designs, and serial manufacturing of standard design aviation machinery;

- technical maintenance of civil aviation machinery; - management of maintaining airworthiness; - aircraft exploitation; - education of aviation personnel, personnel whose work is related to ensuring aviation

security, and ground handling personnel; - ground handling; - air navigation services; - protection of civil aviation against unlawful interference; - other activities provided for by the legislation, including aviation rules of Ukraine.

The authorized body in the issues of civil aviation acknowledges certificates or similar documents issued by an aviation power body of another state or a competent organization, if this is provided for by an international agreement of Ukraine and appropriate international legal acts, or if the requirements to the issue of such document are at least as high as the ones applied in Ukraine (Article 14 of the Code). The authority of state inspectors and persons authorized to perform certification inspections to verify the conformation to the requirements of the aviation rules of Ukraine are defined by Article 16 of the Code. The expert institution for investigation of aviation-related events, together with the authorized body in the issues of civil aviation, create a mandatory incident reporting system to facilitate collection of data on actual or potential imperfections in ensuring flight safety (Article 21 of the Code). According to Article 23 of the Code, managing the use of Ukraine's airspace entails:

- determining the structure and classification of Ukraine's airspace; - planning and coordinating activities related to the use of Ukraine's airspace according to the

state priorities; - ensuring authorization-based procedure for the use of Ukraine's airspace and/or providing

information on the use of Ukraine's airspace; - managing air traffic, which includes: air traffic management; managing the use of Ukraine's

airspace; air traffic flows management; - ensuring control over the adherence of the procedure and rules for the use of Ukraine's

airspace in certain areas; - providing air navigation information; - emergency alerting; - meteorological support; - ensuring communication, navigation and surveillance.

State priorities in the use of Ukraine's airspace are envisaged by Article 24 of the Code. According to Article 26 of the Code, Ukraine's airspace that is available for general air traffic flights is divided into:

- controlled air traffic management airspace of Ukraine, within which all kinds of air traffic servicing (dispatcher support, operational flight information service, emergency support) can be provided according to the established procedure;

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- airspace of Ukraine outside of the controlled air traffic management airspace, within which

operational flight information service and emergency support are provided according to the established procedure.

The use of Ukraine's airspace is carried out based on permits issued by the bodies of the united civil and military air traffic management system, according to the procedure established by the Provision on the Use of Ukraine' Airspace (Article 29 of the Code). According to Article 31 of the Code, control over adherence to the procedure for the use of Ukraine's airspace during planning, coordinating and use of Ukraine's airspace, as well as air traffic servicing and management in flight information regions, control areas and air traffic servicing routes is carried out by the bodies of the united civil and military air traffic management system. Control over adherence to the procedure for the use of Ukraine's airspace during surveillance of the state border of Ukraine, state aircraft flight management, aircraft flight control, movement control of other objects that cross the state border of Ukraine or perform flights within restricted use areas, or in special areas of Ukraine's airspace, is carried out by divisions of the Air Force of the Armed Forces of Ukraine, the law enforcement bodies and other military formations created according to the laws of Ukraine. Aircrafts cross the state border of Ukraine according to the procedure established by the Provision on the Use of Ukraine's Airspace, on specifically designated air traffic service routes, information on which is published in air navigation information documents. The list of air traffic service routes for crossing the state border of Ukraine is approved by the authorized body in the issues of civil aviation, by agreement with the General Headquarters of the Armed Forces of Ukraine and the Administration of the State Frontier Service of Ukraine (Article 32 of the Code). Article 33 of the Code envisages that air traffic servicing in flight information regions, control areas and on air traffic servicing routes, including airspace over open sea in which the responsibility to service air traffic lies with Ukraine according to international agreements of Ukraine (except areas and airfields where air traffic servicing is carried out by appropriate divisions of the state bodies and bodies of local self-government), is organized and carried out according to the procedure established by the Provision on the Use of Ukraine's Airspace. Air traffic servicing outside of traffic servicing routes in Ukraine's airspace and airspace over open sea in which the responsibility to service air traffic lies with Ukraine according to international agreements of Ukraine (except areas and airfields where air traffic servicing is carried out by air traffic servicing bodies of the Armed Forces of Ukraine and other military formations), is organized and carried out by appropriate divisions/bodies of the united civil and military air traffic management system. Aircrafts are divided into civil aircrafts and state aircrafts (Article 38 of the Code). According to Article 39 of the Code, an aircraft is excluded from the State Register of Civil Aircrafts of Ukraine in the following cases:

- exploitation of the aircraft type is stopped; - the aircraft owner or a person authorized by them submits an application to exclude the

aircraft from the State Register of Civil Aircrafts of Ukraine; - the certificate of airworthiness or the flight approval has not been renewed during 24

months; - the aircraft rent or leasing agreement has expired.

Aircraft airworthiness is determined through certification of the air machinery product standard design, which is the primary definition of airworthiness (Article 42 of the Code).

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Aircraft flight management is provided for by Chapter VI of the Code. According to Article 49 of the Code, a person who is part of aviation personnel must satisfy professional and physical qualification requirements, and possess a properly issued certificate conforming to the aviation rules of Ukraine. The certificate is issued separately for each aviation personnel specialization. The certificate can contain notes on the right to perform certain functions of other specializations. A member of aviation personnel must have the certificate with them during their professional activity, and perform such activity according to the terms and limitations stated in the certificate. The certificate must be available for the following aviation personnel specializations:

- aircraft pilot; - air traffic controller; - aircraft maintenance personnel; - test crew members; - passenger cabin crew member; - flight support dispatcher.

To receive the certificate, the candidate must demonstrate that their knowledge and professional skills conform to the requirements of issuing the appropriate certificate. The attestation procedure is determined by aviation rules of Ukraine. The candidate to certificate and rating must possess appropriate professional education received in a certified educational institution and under an approved program, as well as necessary experience and physical qualification, confirmed according to the established procedure. The procedure for aviation activity certification and clearance of aviation personnel is established by aviation rules of Ukraine (Article 51 of the Code). The legal status of an aircraft crew is established by Chapter VIII of the Code. The post of an aircraft commander can be held by a pilot possessing appropriate qualification and experience. The aircraft commander is appointed by the operator and selected from among the crew members to perform management functions on board the aircraft (Article 59 of the Code). According to Article 60 of the Code, the aircraft commander:

- is responsible for the safety of all crew members, passengers and cargo on board from the moment he comes on board and until he leaves the aircraft after the flight completion;

- is responsible for the exploitation and safety of the aircraft from the moment of its readiness to be led out to the takeoff runway and until the landing is complete and the engine (engines) used as the main power unit has been stopped;

- has the right to give orders he considers to be necessary and ensuring the safety of the aircraft, as well as the passengers and the cargo transported by the aircraft;

- has the right to deny transportation: to any person or any part of the cargo that, in his opinion, can constitute a potential threat to the aircraft or passenger safety; to a person that is intoxicated by alcohol or medical substances to an extent that may threaten the safety of aircraft or passenger safety; to undesirable passengers, deported persons or incarcerated persons, if transporting them constitutes a threat to aircraft or passenger safety;

- must provide for alerting the passengers of the locations of emergency exits, the location and usage instructions of the appropriate emergency and rescue equipment;

- has the right to make the final decision on accepting or not accepting an aircraft with operational defects permitted by operational documents;

- must provide for flight preparation.

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Article 63 of the Code envisages that an airfield includes the following elements:

- surfaces (artificial, ground or water) designated for landing, takeoff, taxi and parking of aircrafts, as well as movement of ground transport through the airfield territory;

- ground airfield element; - air traffic service objects; - communication, navigation and surveillance facilities; - visual means of flight servicing; - objects and facilities for emergency rescue and fire safety support, ensuring aviation

security, meteorological support and power supply of the airfield; - utility structures and networks that provide for the functioning of airfield objects.

Civil airfields are subject to state registration. The State Register of Civil Aviation Airfields of Ukraine is kept by the authorized body in the issues of civil aviation (Article 64 of the Code). According to Article 65 of the Code, civil airfields of Ukraine and joint utilization airfields are subject to certification. Airfield certification entails inspection of all airfield elements and objects to determine their conformance to the requirements established by the aviation rules of Ukraine. For the airfield environs, Article 69 of the Code establishes a special procedure for carrying out activities that may impact aviation safety and create obstacles for ground communication, navigation and surveillance means. Such activities include:

- construction, blasting works; - activities that contribute to accumulation of birds; - installation of radio emitting devices; - works associated with the use of laser devices that may radiate into airspace; - works associated with launching of rockets, meteorological radio probes and pilot balloons; - activities associated with operating flying vehicles, or emissions of smoke and gases that

may impair vision in the airfield area; - construction of high voltage lines, planting and growing trees or vegetation.

The airport operator provides for receiving and dispatching aircrafts, organizing land servicing of aircrafts, passengers, crews, luggage, cargo and mail, must possess the airfield, structures, equipment, machinery and personnel required for the above, and may include air traffic management system objects, meteorological support objects, helipads, access tracks with rights of way, social facilities and other structures and objects located on its territory. If the airport services international flights, then customs, border, sanitary and quarantine, and other types of control envisaged by the legislation of Ukraine must be carried out in it. The airport must have a system of passenger feedback towards the airport administration to allow timely response to passenger complaints (Article 70 of the Code). According to Article 72 of the Code, the airport operator is responsible for organizing measures related to flight safety, aviation security, land service management, organization and execution of search, emergency rescue and firefighting works in case of emergency or extraordinary situations related to aircrafts on the airport territory and in the airfield area, as well as for efficient service provision to airport users. The airport operator can be the airfield operator simultaneously. The airport operator can provide services in the airport independently, as well as transfer the right for land servicing in the airport to legal entities or natural persons that satisfy the requirements of the aviation rules of Ukraine, on contractual terms. The airport operator must supply aircraft operators with meteorological information, through their own efforts or on contractual terms, according to the aviation rules of Ukraine. The airport operator ensures creating appropriate conditions for servicing disabled passengers.

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Airport (airfield) lands are of public importance and are classified as transport lands by purpose (Article 74 of the Code). The specifics of managing airport (airfield) property are provided for in Article 75 of the Code. Airport construction and reconstruction constitute a public need (Article 76 of the Code). According to Article 81 of the Code, if airports and airfields provide services related to aircraft landing and takeoff, passenger servicing in the air terminal, ensuring aviation security, search and rescue in the airport responsibility area, providing above-norm parking, cargo servicing, providing for receipt, storage, quality control and issue of aircraft fuel for loading into fuelling vehicles, or filling aircraft fuel tanks, and other services related to the airport functioning, then payment for such services is charged in airports and at civil airfields. The amount of the service fees for ensuring aircraft landing and takeoff, servicing passengers in the air terminal, ensuring aviation security, providing above-norm parking (airport fees) and for other services provided to the service users by the airport (airfield) is set according to the legislation of Ukraine. Chapter XI of the Code is dedicated to civil aviation protection against acts of unlawful interference. According to Article 86 of the Code, an act of unlawful interference into civil aviation activity is:

- unlawful takeover of an airborne aircraft; - unlawful takeover of an aircraft on land; - hostage taking on board of an aircraft, on an airfield or in an airport; - forced entry on board of an aircraft, into a limited access area of an airport (airfield) or to

locations of ground communication, navigation and surveillance means; - placement of weapons, dangerous devices or materials that may create potential threat to the

safety of civil aviation, on board of an aircraft, in an airport or in a limited access area; - providing false information that threatens the safety of passengers or crew of an aircraft that

is airborne or on land, or of personnel in an airport or on an airfield. Preventive safety measures are envisaged by Article 87 of the Code. According to Article 90 of the Code, in case any persons violate the established rules of conduct on board of an aircraft, create a threat to the safe performance of the flight, or refuse to comply with the requirements of crew members, they may be subject to suppression measures. Suppression measures can be applied to persons that have committed the following offences on board of an airborne aircraft:

- violence, psychological pressure or direct intimidation, threats or intentional harm that constitutes a hazard to passenger life or property;

- violence, threats or interference with actions of crew members during the performance of their duties; actions that may lead to rendering crew members incapable of performing their duties;

- intentional damage of the aircraft or its equipment; - providing false information that may threaten the safety of the aircraft; - refusal to comply with legitimate orders or instruction of crew members given in the

interests of safety or maintaining order on board the aircraft.

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Suppression measures are used if other methods of restoring order on board an aircraft proved ineffective. They entail temporarily limiting the actions and freedom of movement of the offender, and making impossible displays of physical violence or psychological pressure on their behalf against other persons present on board of the aircraft during the flight. Procedures related to implementing suppression measures are determined by the Cabinet of Ministers of Ukraine. Specialized equipment, the list and application rules for which are approved by the Cabinet of Ministers of Ukraine, can be used against offenders on board an airborne aircraft during implementation of suppression measures (Article 91 of the Code). Article 92 of the Code envisages that the air carrier performing passenger and/or cargo transport for a payment and/or on hire must possess a license for passenger and/or cargo transportation by air. This license is issued by an authorized body in the issues of civil aviation according to the legislation of Ukraine. Transporting passengers and/or cargo for a payment and/or on hire without a license is forbidden. Possession of license does not grant the air carrier the right of access to specific air tracks or markets. In order to grant the right of access to specific air tracks or markets, the air carried must receive an appropriate document granting the right to use a certain air track from the authorized body in the issues of civil aviation. The licensing procedure is determined by the legislation of Ukraine. According to Article 94 of the Code, the right to use an air track is granted by the authorized body in the issues of civil aviation based on a written application of an air carrier in respect of specific air tracks, to perform:

- scheduled air services within Ukraine; - scheduled international air services to/from Ukraine; - chartered international air services to/from Ukraine or within Ukraine, constituting a

systematic series, at least one flight per week or three flights per month; - air services in other countries.

The conditions for air services carried out by a foreign air carried are envisaged in Article 95 of the Code. The right to use an air track can be granted to a foreign air carrier if:

- this is in agreement with the legislation of Ukraine; - Ukrainian air carriers enjoy the same rights in the state where the foreign air carrier is

registered, or are granted such rights on reciprocity conditions; - Ukrainian airports provide for the possibility to service such flights and air services; - for non-scheduled air services – if such services cannot be performed by Ukrainian air

carriers, or such services cannot be performed as part of scheduled flights between the same airports or cities, if the city is serviced by two or more airports.

According to Article 98 of the Code, air services are carried out under an agreement between the air carrier and the passenger or the cargo shipper. Each air service agreement and its conditions are certified by a transport document issued by the air carrier or organizations authorized by it (agents). Documents for air transport are:

- ticket (paper or electronic) – for passenger transportation; - luggage slip (paper or electronic) – for transportation of items as passenger luggage; - waybill (air way bill) in a printed or electronic format – for cargo transportation.

Article 100 of the Code establishes the obligations and responsibility of the air carrier. The passenger's rights to compensation in case of denied transportation, flight cancellation or significant flight delay are provided for by Chapter XIII of the Code.

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Civil aviation is subject to obligatory aviation insurance in Ukraine. Obligatory aviation insurance is carried out by resident insurers that possess a license for providing obligatory civil aviation insurance, produced according to the established procedure (Article 117 of the Code). Chapter ХVІІ of the Code establishes the order for investigating aviation-related events. The liability for violating the legislation in the sphere of civil aviation is established by Chapter ХVІІІ of the Code. The Code also introduces appropriate amendments to the Code on Administrative Offences of Ukraine, the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine, the Laws of Ukraine "On Licensing of Certain Types of Economic Activity", "On the Permit System in the Field of Economic Activity", "On the Main Principles of State Supervision (Oversight) in the Area of Commercial Activity", "On State Market Supervision and Control of Non-Food Products".

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On Ratification of the Nationwide Mineral Resources Base Development Program of Ukraine for the Period [...] Verkhovna Rada of Ukraine; Law, Program, Passport [...] from 21.04.2011 № 3268-VI http://zakon4.rada.gov.ua/laws/anot/en/3268-17

Law of Ukraine

"On Ratification of the Nationwide Mineral Resources Base Development Program of Ukraine for the Period until the Year 2030"

Date of entry into force:

May 25, 2011 The Law adopts the Nationwide Mineral Resources Base Development Program of Ukraine for the Period until the Year 2030 (hereinafter referred to as "Program"). Chapter I of the Program establishes that the mineral resources base of Ukraine is considerably substantial on the world scale. Almost 20 thousand deposits and presence of 117 types of mineral resources are present in the bowels of our country. The mineral reserves industry provides for a significant part of the gross national product. Today, Ukraine extracts considerable amounts of black coal (1.7 percent of the total world extraction volume), commercial iron ores (4.5 percent) and manganese ores (9 percent), uranium, titanium, zirconium and graphite (4 percent), kaolin (18 percent), bromine, ochre, non-metallic metallurgic raw materials (native sulfur, rock salt and potassium salt), capstone (granites, gabbros and labradorites), glassmaking sand, etc. The purpose of the Program is satisfying the mineral resource needs of the national economy through domestic extraction, reducing Ukraine's dependence on mineral resource import and increasing the export potential of the country through domestic extraction of mineral resources that are in high demand on the world market (Chapter II of the Program). According to Chapter III of the Program, the main task of the Program is sustainable prioritized satisfaction of the growing mineral resource needs of the national economy. Chapter IV of the Program envisages that implementing the Program requires improving normative-legal acts, in particularly, preparing a new edition of the Code of Ukraine on Bowels, improving the method for calculating the beginning sale price of special permits for the use of the bowels, the criteria for determining winners of competitions (auctions) for the right to use the bowels and for the right to conclude production sharing agreements, the responsibility of the bowel users to fulfill investment agreements, project documentation for deposit development, liquidation of the consequences of the bowels use, carrying out secondary operations related to purchase and sale of rights to use the bowels, according to the practices of the developed world countries. The following will be provided for to ensure implementation of the Program:

- scientific support of geological exploration works from predictive estimate of oil- and gas-bearing areas to search and exploration of hydrocarbon resource deposits;

- scientific and methodological research aimed at improving the efficiency of geological exploration works related to metallic and non-metallic mineral resources, coal and coalbed methane;

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- developing new and improving the existing sets of methods on regional exploration of the

bowels; - preparing scientific researches and methodical recommendations on comprehensive

exploration of the bowels; - developing innovative methods for technological ore enrichment, improving technical

equipment for core holes and deep extension wells. International cooperation in the issues of geological exploration and the use of the bowels will contribute to harmonization of the national legislation with the European Union legislation. The expected results of the Program implementation are:

- opening and exploring new deposits of fuel and energy resources; - creating a domestic production of the necessary kinds of mineral resources which are being

imported from other countries and which are necessary for the work of the active metallurgical and some other enterprises (chrome and nickel-chrome ores, fluorite, phosphate raw materials, forsterite refractories);

- developing the domestic mineral resource base of the most important strategic mineral resources (gold and other precious metals, scandium, lithium, rare earths, etc.);

- preparing new deposits for profitable future exploitation using the domestic capacities of Ukraine and foreign investments;

- conducting various types of geological exploration works (including exploration and exploitation) in third world countries, using the capacities of specialized state enterprises;

- comprehensive geological, hydrogeological, geotechnical and ecogeological estimates, mapping and charting of the territory of Ukraine.

According to Chapter V of the Program, it is envisaged that the total amount of financing of the Program will be 189,053.99 million.

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On the Main Principles (Strategy) of the National Environmental Policy of Ukraine for the Period until [...] Verkhovna Rada of Ukraine; Law, Strategy from 21.12.2010 № 2818-VI http://zakon4.rada.gov.ua/laws/anot/en/2818-17

Law of Ukraine

"On the Main Principles (Strategy) of the National Environmental Policy of Ukraine for the Period until the Year 2020"

Date of entry into force:

January 14, 2011 The Law adopts the Main Principles (Strategy) of the National Environmental Policy of Ukraine for the Period until the Year 2020 (hereinafter referred to as "Strategy"). The general provisions of the Strategy determine that the primary reasons for environmental problems in Ukraine are:

- the inherited economic structure with a prevailing share of resource- and energy-intensive industries, the negative influence of which was aggravated by the transition to the market environment;

- the worn-out state of the fixed assets in the industrial and transport infrastructure; - the existing system of state governance in the sphere of environmental protection, regulation

of the use of natural resources, lack of clear division between environmental and economic functions;

- insufficient maturity of civic institutions; - insufficient societal understanding of the priorities of environmental protection and

advantages of sustainable development; - violation of environmental legislation.

The goal of the national environmental policy is stabilizing and improving Ukraine's environmental state by integrating the environmental policy into the socio-economic development of Ukraine. The national environmental policy is aimed at reaching strategic goals, such as:

- increasing the level of societal environmental awareness; - improving the environmental condition and increasing the level of environmental safety; - attaining the environmental state that would be safe for human health; - integrating the environmental policy and improving the integrated environmental

management system; - stopping the loss of biodiversity and landscape diversity, and forming an environmental

network; - ensuring environmentally balanced nature management.

The main instruments of implementing the national environmental policy are:

- cross-sector partnership and involvement of interested parties; - evaluation of the environmental impact of strategies, programs and plans; - improving the licensing system in the sphere of environmental protection; - ecological expert analysis and evaluation of the environmental impact of the objects of

environmental expert analysis; - environmental audit, environmental management systems, ecolabeling; - environmental insurance;

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- technical regulation, standardization and reporting in the sphere of environmental protection,

nature management and ensuring environmental safety; - legislation in the sphere of environmental protection; - education and research support for creating and implementing the national environmental

policy; - economic and financial mechanisms; - monitoring of the environmental state, and control in the sphere of environmental protection

and ensuring environmental safety; - international cooperation in the sphere of environmental protection and ensuring

environmental protection. Implementation of the Strategy will allow to:

- create an effective public information system in the issues of environmental protection and increase the level of environmental awareness among the citizens of Ukraine;

- improve the state of the environment to a level that is safe for the life of the public, taking into consideration the European environmental quality standards;

- continuously decrease and gradually eliminate the causal link between economic growth and deterioration of the environment, etc.

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On the Power Engineering Lands and the Legal Status of Special Zones of the Power Engineering [...] Verkhovna Rada of Ukraine; Law from 09.07.2010 № 2480-VI http://zakon4.rada.gov.ua/laws/anot/en/2480-17

Law of Ukraine

"On the Power Engineering Lands and the Legal Status of Special Zones of the Power Engineering Objects"

Date of entry into force:

August 17, 2010 The Law determines the legal and organizational principles of granting and using land plots to locate power engineering objects, of determining and maintaining the legal status of the special zones of power engineering to ensure uninterrupted functioning of such objects, reasonable use of land, as well as the safety and protection of the population and economic objects against the impact of possible emergencies. Article 6 of the Law establishes that power engineering lands include lands that were, according to the procedure established by the law, transferred into ownership or usage for the purposes of locating, constructing and operating objects used to produce and transport power and heat energy; alternative power engineering objects; technological infrastructure objects related to power engineering objects, including administrative and production buildings of enterprises conducting appropriate activities. Article 12 of the Law envisages that the following restricted zones are established to protect power engineering objects of particular importance:

- prohibition zone of a nuclear facility and a site designated for nuclear waste handling; - protected zone of a nuclear facility and a site designated for nuclear waste handling; - prohibition zone of hydroelectric technical facilities; - controlled zone of hydroelectric technical facilities.

According to Article 14 of the Law, state-owned and communal-owned land plots are transferred into ownership and usage (including rent) for the needs of the energy sector by decision of the bodies of executive power or bodies of local self-government. Power transmission objects can be located on land plots of all land categories without changing their target purpose. Article 16 of the Law establishes that enterprises that construct or operate power engineering objects or power transmission objects have the right to use land plots under land servitude agreements with the land plot owner or user. The land servitude right is created after its state registration. According to Article 18 of the Law, special power engineering object zones are established to ensure reliable operation and security of power generating objects:

- nuclear power plant sanitary and protective zones; - nuclear power plant surveillance zones; - power engineering object exclusion zones; - power engineering object sanitary and protective zones; - main heating system exclusion zones.

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Article 24 of the Law establishes the dimensions of exclusion zones, and sanitary and protective zones for power engineering objects. Scheduled repair and reconstruction works on power transmission lines passing through agricultural zones are carried out after harvesting, by coordination with the land plot owner or user (Article 31 of the Law).

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On the Principles of the Natural Gas Market Operation Verkhovna Rada of Ukraine; Law from 08.07.2010 № 2467-VI http://zakon4.rada.gov.ua/laws/anot/en/2467-17

Law of Ukraine

"On the Principles of the Natural Gas Market Operation"

Date of entry into force: July 24, 2010

The Law determines the legal, economic and organizational principles of the natural gas market operation. According to Article 3 of the Law, state management in the sphere of the natural gas market regulation is carried out by the Cabinet of Ministers of Ukraine and the central body of executive power in the issues of ensuring the implementation of the state policy in the oil and gas sector, within the scope of authority determined by the legislation. Article 6 of the Law envisages that activities related to natural gas transportation and distribution by pipelines, natural gas supply at regulated and non-regulated tariffs, and natural gas storage is carried out under the conditions of procuring an appropriate license. Participants of the natural gas market have equal access rights to the Single Gas Transport System of Ukraine (Article 7 of the Law). According to Article 9 of the Law, the natural gas market functions on a competitive basis, with the exception of the activities of the subjects of natural monopolies. Article 11 of the Law establishes that sale of natural gas to consumers is carried out on the condition of a present natural gas measurement unit. A natural gas measurement unit is a system of measuring and auxiliary devices intended for operational measuring, registering and storing of the measurement results, and calculating the corrected volumes of natural gas. Natural gas supply is carried out according to an agreement, under which the supplier is obligated to supply to the consumer natural gas of the qualitative characteristics defined by the standards, in the amount and according to the procedure stipulated by the agreement, while the consumer is obligated to pay the cost of the received natural gas in the amount, timeframe and according to the procedure stipulated in the agreement (Article 12 of the Law). Article 1 of the Law envisages that storage (pumping, collection) of natural gas is carried out according to an agreement, under which the gas storing enterprise is obligated to use its storages to store natural gas transferred to it by the gas owner or another entity that has the right to transfer gas for storage, and return it to the entity that has the right to receive the gas, safely and in the timeframe stipulated in the agreement. According to Article 18 of the Law, payment for the supplied natural gas is carried out by consumers according to the terms of the agreements concluded with guaranteed natural gas suppliers. Chapter IV of the Law provides for liability for violating the legislation in the issues of the natural gas market operation.

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On Ratification of the Amendment to Annex B of the Kyoto Protocol to the United Nations Framework [...] Verkhovna Rada of Ukraine; Law from 22.10.2009 № 1673-VI http://zakon4.rada.gov.ua/laws/anot/en/1673-17

Law of Ukraine

"On Ratification of the Amendment to Annex B of the Kyoto Protocol to the United Nations Framework Convention on Climate Change"

Date of entry into force:

November 22, 2009 The Law ratifies the Amendment to Annex B of the Kyoto Protocol to the United Nations Framework Convention on Climate Change ("Amendment"). The Amendment was adopted at the tenth plenary meeting of the Conference of the Parties of the United Nations Framework Convention on Climate Change on November 17, 2006. According to the Amendment, the Republic of Belarus joins the Kyoto Protocol to the United Nations Framework Convention on Climate Change and assumes a quantified emission limitation commitment.

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On Scientific Parks Verkhovna Rada of Ukraine; Law from 25.06.2009 № 1563-VI http://zakon4.rada.gov.ua/laws/anot/en/1563-17

Law of Ukraine

"On Scientific Parks"

Date of entry into force: January 1, 2010

The present Law regulates legal, economic and organizational relations connected with establishment and operation of scientific parks, and aims to intensify the elaboration, realization and production of innovative products on the domestic and foreign markets. According to Article 1 of the present Law, a scientific park is a legal entity created by initiative of a higher educational establishment and/or scientific institution through pooling of the contributions of the founders to organize, coordinate and control the development and execution of the scientific park's projects. A higher educational establishment of the IV accreditation level and/or scientific institution and other legal entities that have concluded an founding agreement can be founders of a scientific park. A scientific park is created to develop the scientific, technical and innovative activity in a higher educational establishment and/or scientific institution, ensure efficient and rational use of the existing scientific potential and the material and technical base for the commercialization of research results and their implementation on the domestic and foreign markets (Article 3 of the present Law). Article 4 of the present Law envisages the functions of a scientific park. A scientific park is created and operates on the basis of the association agreement and statute. According to Article 6 of the present Law, the following activities are not allowed within the scope of operation of a scientific park:

- trade and intermediary activity; - perform personal services; - production and processing of excisable goods and other goods that do not correspond to the

purpose of the scientific park. Article 7 of the present Law establishes the procedure for creation of a scientific park. The decision to create a scientific park is made by the park's founders with the consent of a specially authorized body of executive power in the issues of research and innovation. If the founders of the scientific park are state-owned or communally-owned subjects of economic activity operating on the basis of right of commercial management or right of day-to-day management, the decision to found a scientific park with participation of such founders is made with the consent of the corresponding bodies that manage the state or communal property assigned to such subjects of economic activity. The founders of a scientific park retain the status of a legal entity and remain subject to laws regulating the activities of legal entities.

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According to Article 10 of the present Law, a scientific park has:

- the supreme management body of the scientific park (general meeting of the founders of the scientific park), and

- the executive management body of the scientific park (formed by the general meeting of the founder according to the procedure defined by the statute of the scientific park).

Chapter ІІІ of the present Law defines the peculiarities of development and implementation of scientific park projects. Article 17 of the present Law states that the property rights for technologies and objects of intellectual property right created in the course of implementation of the scientific park projects are property of the scientific park and/or its partners. However, the central body of executive power, whose scope of authority includes the higher education establishment or the scientific institution, can limit the property rights for use and management of technologies and objects of intellectual property right created with the use of state funds, if the technology and/or object of intellectual property right:

- is included in the field of national security and defense of the state; - is defined as one that must be used in the public interests; - was brought to the stage of industrial production and sale of finished product using

exclusively state funds. Applications of scientific parks to receive government orders to supply products, perform works and render services for top-priority needs of the state are reviewed on a priority basis (Article 18 of the present Law). The present Law states that scientific, laboratory and research equipment, as well as supplies and materials not produced in Ukraine are exempt from import duty if they are used for implementation of a scientific park project (that requires state support), in the list and amounts defined for the scientific park project. The import duty exemption is effective during the scope of the scientific park project implementation, but does not exceed two years from the day of approval of the list and amounts of the necessary equipment, and one year – for components and materials. The economic principles of operation of a scientific park are envisaged in Chapter V of the present Law. According to Article 23 of the present Law, termination of a scientific park is carried out exclusively by decision of its founders or by decision of a court. Reorganization of a scientific park is forbidden. The final provisions of the present Law require introduction of corresponding amendments to Laws of Ukraine "On Unified Customs Tariff" and "On Lease of State and Communal Property".

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On Coalbed Gas (Methane) Verkhovna Rada of Ukraine; Law from 21.05.2009 № 1392-VI http://zakon4.rada.gov.ua/laws/anot/en/1392-17

Law of Ukraine

"On Coalbed Gas (Methane)"

Date of entry into force: June 19, 2009

The Law establishes legal, economic and organizational grounds for activity in the field of geological research of coalbed gas (methane), including research and industrial development, extraction and removal during degassing, and further use of it as a material and/or energy resource. Article 1 of the Law defines the main terms used therein. Coalbed gas (methane) is a mixture of gases that accompanies coal beds and adjoining rock. The Law applies to relations that arise in association to improvement of labor conditions and labor safety for miners; geological exploration of mineral resource reserves; further extraction of coalbed gas (methane) from coal deposits not developed industrially, regardless of their future use; extraction of coalbed gas (methane) during degassing of active mines, mines being prepared for exploitation and abandoned coal deposits; use of coalbed gas (methane) as a material and/or energy resource (Article 2 of the Law). Article 6 of the Law establishes that the state policy in the field of geological exploration, extraction and use of coalbed gas (methane) is based on the grounds of:

- state regulation of geological exploration, extraction and use of coalbed gas (methane); - increasing of safety and efficiency of coal mining sites and sites of geological exploration,

extraction and use of coalbed gas (methane); - facilitating diversification of energy carrier sources; - providing for protection of rights and interests of all subjects of relations that arise in

association to geological exploration of mineral resources in order to discover coalbed gas (methane) reserves, industrial development of coalbed gas (methane) reserves and processing of methane products, as well as rights and interests of consumers of coalbed gas (methane);

- facilitating development of competitive relations in the field of geological exploration, extraction and use of coalbed gas (methane);

- environmental protection; - ensuring rational use of mineral resources; - developing international cooperation and implementing innovative technologies in the

respective field. According to Article 8 of the Law, the right to extract coalbed gas (methane) during degassing of active mines is granted to a holder of a special permit for industrial development of a coal deposit within a respective mining lease, or to another entity by consent of the permit holder, according to a procedure established by the Law. Article 10 of the Law establishes that state supervision and control over adherence to legislation in the field of geological exploration, extraction and use of coalbed gas (methane) is carried out by authorized central bodies of executive power in the issues of geological, mining and environmental supervision (control) and control over efficient use of energy resources.

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According to Article 13 of the Law, extraction of coalbed gas (methane) within mining leases of active mining enterprises, as well as geological exploration, including research and industrial development, and industrial development of coal deposit for the purpose of gas (methane) extraction is carried out by a certain special permit issued by the central body of executive power in the issues of geological exploration and ensuring efficient use of mineral resources:

- to a holder of a special permit for industrial development of a coal deposit (user of bowels) within a specific mining lease;

- another applying business entity within the mining leases of active mines, only by written consent of the user of bowels.

Access to gas transporting networks for the purpose of transporting, supply and storage of coalbed gas (methane), as well as mixes with natural gas, is carried out according to the procedure for access to the Unified Gas Transport System of Ukraine as established by the legislation. The quality of coalbed gas (methane) must correspond to the requirements of the subject of economic activity of the respective gas transport system, with consideration of state standards (Article 15 of the Law). According to Article 16 of the Law, in order to ensure environmental safety during extraction and use of coalbed gas (methane), business entities shall provide for:

- mandatory insurance of the bowel user's property risks during research and industrial or industrial development and use of coalbed gas (methane) in case of environmental harm caused by accidents, fires or technical failures, according to the procedure established by the insurance legislation;

- adherence to regulations, norms and standards in the field of mining and environmental protection.

It is prohibited to burn coalbed gas (methane) extracted during degassing, directly from the well in open-cut mining, without the use of special equipment with appropriate operational documentation. Chapter V of the Law regulates liability for violation of the legislation in the field of coalbed gas (methane) extraction and use. The Law also introduces amendments to the Law of Ukraine "On Enterprise Profit Tax". According to these amendments, the profit received by enterprises as a result of economic activity that was aimed at the extraction and use of coalbed gas (methane) and carried out according to the Law, is temporarily tax exempt, until January 1, 2020. The funds released due to the tax allowance shall be used by the taxpayer to increase production volumes, modernize the material and technical base, and implement innovative technologies in the field of coalbed gas (methane) extraction and use. The final provisions of the Law establish that the provision of Article 12 of the Law, according to which exploitation of coal deposits with a high coalbed gas (methane) concentration is forbidden without the necessary ventilation and degassing that regulate the coalbed gas (methane) concentration to the specified levels, comes into effect starting January 1, 2011.

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On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Incentives for Using Alternative [...] Verkhovna Rada of Ukraine; Law from 01.04.2009 № 1220-VI http://zakon4.rada.gov.ua/laws/anot/en/1220-17

The Law of Ukraine

“On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Incentives for Using Alternative Sources of Energy”

Date of entry into force:

April 22, 2009

The present Law shall supplement the Law of Ukraine No. 575/97-VR “On Energy Industry” dated October 16, 1997, and shall establish a new principle of government policy in energy industry. In particular, government policy shall contribute to the development of alternative energy industry as ecologically clean and non-fuel sector of energy industry by way of setting forth a “green” rate and payments to electricity generating stations that generate electrical energy with the use of alternative sources of energy (except for blast-furnace gas and coke oven gas and with the use of water power – energy generated only by small hydroelectric power stations) for the entire electrical energy generated thereby in full in monetary form, without the application of any types of offsets for repaying arrears in settlements for electricity. Amendments to Article 8 of the Law of Ukraine “On Energy Industry” shall establish that the central body of executive power authorized by the Cabinet of Ministers of Ukraine shall, not later than March 31 of each year, submit to the Verkhovna Rada of Ukraine a report on the state of alternative energy industry and the effectiveness of measures for providing incentives for its development specified by the present Law. At the time of approving investment programs of owners of power grids, the National Energy Industry Regulatory Commission of Ukraine shall take full account of expenditures on the connection to power grids of facilities of energy industry that generate electrical energy with the use of alternative sources of energy. The National Energy Industry Regulatory Commission of Ukraine shall annually publish information related to expenditures on the connection to power grids of facilities of energy industry that generate electrical energy with the use of alternative sources of energy. Also, the present Law shall supplement the Law of Ukraine “On Energy Industry” with a new Article 17-1. According to this new Article, the “green” rate shall be approved by the National Energy Industry Regulatory Commission of Ukraine for electrical energy generated by business entities at facilities of energy industry that use alternative sources of energy (except for blast-furnace gas and coke oven gas and with the use of water power – energy generated only by small hydroelectric power stations). The size of the “green” rate shall be established for each business entity that shall generate electrical energy with the use of alternative sources of energy for each type of alternative energy for each facility of energy industry. For business entities that generate electrical energy with the use of alternative sources of energy, the “green” rate shall be established up to January 1, 2030.

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The fixed minimum size of the “green” rate for business entities shall be established by way of re-calculating into euros the size of the “green” rate calculated on the basis of the rules of the present Law as of January 1, 2009, according to the official currency exchange rate of the National Bank of Ukraine on the above-mentioned date. The size of the “green” rate cannot be lower than the fixed minimum size of the “green” rate that, on each date of establishing retail rates for consumers, shall be converted into the national currency according to the official currency exchange rate of the National Bank of Ukraine on such a date. The state shall guarantee that, for business entities that generate electrical energy from alternative sources of energy at facilities of energy industry that have been put into operation, it shall be necessary to apply the procedure for providing incentives to generation of electrical energy from alternative sources of energy set forth according to provisions of the present Low as of the date of putting facilities of energy industry that generate electrical energy from alternative sources of energy into operation.

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On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Regulation of Electric Energy [...] Verkhovna Rada of Ukraine; Law from 19.03.2009 № 1164-VI http://zakon4.rada.gov.ua/laws/anot/en/1164-17

The Law of Ukraine

“On Amendments to the Law of Ukraine ‘On Energy Industry’ Regarding the Regulation of Electric Energy Exports”

Date of entry into force:

April 25, 2009

The present Law shall supplement the Law of Ukraine No. 575/97-VR “On Energy Industry” dated October 16, 1997, with a new Article 30. According to this new Article, for the purposes of exporting electrical energy, electrical energy suppliers shall purchase the necessary volume of electric energy on the wholesale electrical energy market of Ukraine at the wholesale market price. According to the present Law, access to transmission capacities of international power grids of Ukraine for the purpose of exporting electrical energy shall be granted on terms and conditions of a tender. A tender for access to transmission capacities of international power grids of Ukraine for the period that shall not be longer than one year shall be held by an agent of energy industry that shall transmit electrical energy through international power grids of Ukraine. Participants in such a tender shall be agents of energy industry that shall have a license for carrying out activities related to the supply of electrical energy, shall be members of the wholesale electrical energy market of Ukraine and shall not have outstanding arrears for electrical energy purchased on the wholesale electrical energy market of Ukraine. The above-mentioned tender shall be held at least once per month, provided there are free transmission capacities of international power grids of Ukraine. The winner of such a tender shall be an agent of energy industry that has offered the highest price. In the instance when the winner of a tender has been using, on the average per month, less than 70 percent of transmission capacities of international power grids of Ukraine obtained as a result of a tender during two subsequent calendar months, such transmission capacities of international power grids of Ukraine shall be subject to a tender once again. The present Law shall envisage that the procedure for holding a tender shall be approved by the National Energy Industry Regulatory Commission of Ukraine and shall identify:

- financial guarantees of payments for access to transmission capacities of international power grids of Ukraine;

- the size of transmission capacities of international power grids of Ukraine by separate lots; - the initial price for access to international power grids of Ukraine; - terms and conditions for denying access to international power grids of Ukraine; - terms and conditions for pre-term termination of access to international power grids of

Ukraine in the instance of the electrical energy supplier’s failure to fulfill terms and conditions of the relevant contract for access to transmission capacities of international power grids of Ukraine or requirements of the legislation;

- other terms and conditions. Financial resources received as a result of holding tenders for access to transmission capacities of international power grids of Ukraine shall be distributed according to the procedure approved by the National Energy Industry Regulatory Commission of Ukraine.

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The areas for using the above-mentioned financial resources shall be:

- repaying restructured arrears of the wholesale electrical energy supplier to energy generating companies and the agent of energy industry that shall transmit electrical energy through international power grids of Ukraine in proportion to the level of such arrears;

- financing investment program of the agent of energy industry that shall transmit electrical energy through international power grids of Ukraine.

The present Law shall establish that transmission of electrical energy designated for exports shall be carried out on the basis of a contract with the agent of energy industry that shall transmit electrical energy through international power grids of Ukraine. The above-mentioned agent of energy industry and the winner of a tender shall conclude a contract for access to transmission capacities of international power grids of Ukraine, including technical requirements to the support for exports of electrical energy. The approximate form of such a contract for access to transmission capacities of international power grids of Ukraine shall be approved by the National Energy Industry Regulatory Commission of Ukraine.

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On the National Program ‘The National Plan of Action to Implement the United Nations Convention on the [...] Verkhovna Rada of Ukraine; Law, Program from 05.03.2009 № 1065-VI http://zakon4.rada.gov.ua/laws/anot/en/1065-17

The Law of Ukraine

“On the National Program ‘The National Plan of Action to Implement the United Nations Convention on the Rights of the Child’ for the Period up to 2016”

Date of entry into force:

March 31, 2009 The present Law shall approve the National Program “The National Plan of Action to Implement the United Nations Convention on the Rights of the Child” for the Period up to 2016 (hereinafter referred to as the Program). According to Chapter I of the present Program, Ukraine as a member of the international community shall participate in activities to create a child-friendly environment where adequate development and protection for the rights of children shall be ensured with the adherence to the principles of democracy, equality, peace, and social justice, with due consideration for moral principles and traditional values of the Ukrainian society aimed at strengthening the family and moral health of children in Ukraine. According to sub-item 1.1. of item 1 of Chapter II of the present Program, the main objectives of the present Program shall be:

- providing equal access for all women, regardless of their place of residence and social status, to high quality healthcare services that shall be rendered to pregnant women and creating the environment for safe childbirth;

- reducing the level of stillbirth by 20 percent by 2010; - increasing the share of natural childbirth to 70 percent by 2010 as compared with 2007; - providing for the birth of at least of 90 percent of babies in healthcare facilities that comply

with the status of a “Baby-Friendly Hospital” by 2010; - creating a safe and favorable environment for the development of the child and the

preservation of the child’s health and life; - contributing to the achievement of the level of sole breast feeding of at least 60 percent of

babies aged up to six months by 2015; - lowering the level of mortality of children aged up to five years by two-thirds by 2016 as

compared with 1990; - providing professional consultations in maternity hospitals for parents whose babies were

born with congenital malformations; - enhancing the quality and expanding the scope of healthcare services provided to minor

children; for this purpose, it shall be necessary to lower the level of mortality of minor children by 10 percent by 2010;

- implementing measures aimed at preventing disability of children and improving the state of the provision of medical aid to disabled children; for this purpose, it shall be necessary to lower the level of mortality from congenital malformations of babies aged under 12 months by 10 percent and children aged under 18 years – by 10 percent by 2010;

- re-organizing the system of healthcare for children and mothers by way of prioritizing the development of a network of facilities for free primary health care;

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- improving the system for specialized medical aid according to international standards; for this purpose, it shall be necessary: a) to provide for medical examination of all children by 2010; b) to complete re-equipment of children’s healthcare facilities and obstetrical healthcare facilities with medical equipment by way of increasing output and utilization of medical equipment that shall be manufactured by domestic producers at least twofold by 2016; c) to provide for the implementation of measures aimed at treating child pathologies that are currently not treated in Ukraine and to identify an effective and efficient mechanism for the relevant treatment of children in healthcare facilities of other countries.

Sub-item 1.3. of item 1 of Chapter II of the present Program shall identify the goal of rest and recreation: realization of the right of each child for rest and recreation by way of instituting a set of special measures of social, educational, medical, hygienic, and sports nature aimed at improving and strengthening the state of health of children and at organizing their interesting leisure. The main objective shall be to preserve, develop and effectively and efficiently use the network of the relevant children’s recreational facilities. For this purpose, it shall be necessary:

- to provide for recreation in children’s recreational facilities at least of 50 percent and respectively at least of 70 percent of children of school age by 2010 and by 2016 respectively;

- to provide for recreation of all orphans and children deprived of parental care by 2010; - to provide for recreation of at least of 70 percent of children from impoverished families,

incomplete families and families having many children by 2010; - to provide for the equipment of all children’s recreational facilities, based on the principle of

architectural accessibility, with arrangements to provide access for children and adults with limited physical abilities by 2016.

According to item 2 of Chapter II of the present Program, the goal of organizing education shall be to create equal conditions for access of every child to high quality education (preschool, secondary, out-of-school, vocational, and higher education) for the purpose of ensuring the development of the personality, the society and the state. According to item 3 of Chapter II of the present Program, the goal of cultural and intellectual development shall be the development of creative potential of children and the organization of their aesthetic and patriotic upbringing. According to sub-item 4.1. of item 4 of Chapter II of the present Program, the goal of social security and support for families with children shall be to create conditions for the establishment of family values, material security of families with children, the provision for their intellectual health, the training of responsible parenting, and the prevention of social orphanage. According to sub-item 4.2. of item 4 of Chapter II of the present Program, the goal of preventing social orphanage, overcoming neglecting and homelessness among children shall be to organize effective work to prevent social orphanage, to rehabilitate homeless and neglected children, to develop family-based forms for upbringing children deprived of parental care, homeless and neglected children and children inclined to vagrancy. The goal of protecting disabled children shall be to provide social security for disabled children, to provide high quality psychological, social and pedagogical, social and medical, legal, informational, and other services to disabled children and families that take care of them; to create conditions for realizing their personal potential (sub-item 4.4. of item 4 of Chapter II of the present Program).

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Sub-item 4.6. of item 4 of Chapter II of the present Program shall identify that the goal of combating the use of child labor shall be to prevent the worst forms of child labor and to eliminate them by way of introducing effective and efficient economic, legal and social mechanisms aimed at preventing violations of the legislation related to the use of child labor. Item 5 of Chapter II of the present Program shall provide for enhancing the role of the territorial community in the solution of issues of protecting the rights of and developing children. The goal of such enhancement shall be to enliven the participation of the territorial community in protecting the rights of and developing children by way of involving representatives of the community in activities in the interests of children. Financing for the present Program shall be provided at the expense of funds of the State Budget of Ukraine, the budget of the Autonomous Republic of Crimea, local budgets, as well as at the expense of other sources that shall not contradict the legislation of Ukraine (Chapter III of the present Program). According to Chapter IV of the present Program, coordination of activities of bodies of executive power and bodies of local government, monitoring and evaluation of how the Program is implemented with respect to the support for the rights and freedoms of children shall be entrusted to the Inter-Departmental Commission for Issues of Childhood Protection. Information on the measures implemented and the results achieved shall be included in periodical reports of Ukraine to the United Nations Committee on the Rights of the Child. The Cabinet of Ministers of Ukraine shall develop and approve measures to implement the present Program and the approximate volume of their financial support for the next year. The expected results of the implementation of the present Program shall be:

- instituting a system at the state level for protecting children and preserving their health; - creating conditions for full-fledged life in the society for disabled children and children

requiring correction of physical and (or) mental development to make it possible for them to receive education and to find employment in the future;

- enlivening the process of forming a healthy way of life among children and providing for their broad involvement in physical training and sports;

- creating a system for the provision of children with psychological, social and pedagogical, social and medical, legal, informational, and other services, regardless of their place of residence;

- providing for the preservation and strengthening of the material and technical base of healthcare, educational and cultural facilities;

- reforming the system of facilities for orphans and children deprived of parental care; - developing and instituting a mechanism for financing the needs of orphans and children

deprived of parental care on the basis of the principle “money follows the child”; - disseminating the practice of placing orphans and children deprived of parental care into

families; - creating the conditions for enlivening national adoption; - providing protection for children who are refugees; - reinforcing the combat against children trafficking, providing children with the protection

against sexual exploitation and other forms of cruel treatment; - enlivening activities of bodies of executive power, bodies of local government and the

public regarding the support for families with children; - popularizing the national culture and cultural heritage, national and patriotic upbringing of

children and carrying out activities to reveal and to support gifted children; - providing for broad participation of children in the life of the society;

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- enlivening activities of territorial communities in the area of the protection for the rights of

children; - providing for the distribution of social advertisement and broad coverage in the mass media

of issues of social and legal protection for children and the adherence to the provisions of the United Nations Convention on the Rights of the Child.

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On the Ratification of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty Verkhovna Rada of Ukraine; Law from 18.02.2009 № 998-VI http://zakon4.rada.gov.ua/laws/anot/en/998-17

The Law of Ukraine

“On the Ratification of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty”

Date of entry into force:

March 23, 2009

The present Law shall ratify the Amendment to the Trade-Related Provisions of the Energy Charter Treaty (hereinafter referred to as the Amendment) that was adopted in Brussels on April 24, 1998. The present Amendment shall establish that Trade-Related Provisions of Article 29 of the Energy Charter Treaty shall apply to trade in Energy Materials and Products and Energy-Related Equipment while any Contracting Party is not a member of the World Trade Organization. In respect of trade between Contracting Parties at least one of which is not a member of the World Trade Organization, no such Contracting Party shall increase any customs duty or charge of any kind imposed on or in connection with importation or exportation of Energy Materials and Products listed in Annex EM II or Energy-Related Equipment listed in Annex EQ II above the lowest of the levels applied as of the date of the decision by the Charter Conference to list the particular item in the relevant Annex. Article 2 of the Amendment shall establish that, in Article 1 of the Energy Charter Treaty, the “WTO” shall mean the World Trade Organization established by the Agreement Establishing the World Trade Organization. The “WTO Agreement” shall mean the Agreement Establishing the World Trade Organization, its Annexes and the decisions, declarations and understandings related thereto, as subsequently rectified, amended and modified from time to time. The “GATT 1994” shall mean the General Agreement on Tariffs and Trade as specified in Annex 1A to the Agreement Establishing the World Trade Organization, as subsequently rectified, amended or modified from time to time. According to Article 3 of the Amendment, where a Contracting Party invokes Article 29(9)(b), this Annex shall apply, subject to the institution of the following modifications:

- the complaining party shall present a detailed justification in support of any request for consultations or for the establishment of an arbitral panel to settle a dispute regarding any measure which such a Contracting Party considers to nullify or impair any benefit accruing thereto directly or indirectly under Article 29;

- where a measure has been found to nullify or impair benefits under Article 29 without violation thereof, there shall be no obligation to withdraw the measure; however, in such an instance, the arbitral panel shall recommend that the Contracting Party concerned make a mutually satisfactory adjustment;

- the arbitral panel provided for in paragraph (6)(b), upon the request of either party, may determine the level of benefits that have been nullified or impaired, and may also suggest ways and means of reaching a mutually satisfactory adjustment of measures applied; such suggestions shall not be binding upon the parties to the dispute.

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According to Article 4 of the Amendment, where the WTO Agreement refers to “duties inscribed in the Schedule” or to “bound duties”, they shall be substituted with the level of customs duties and charges of any kind permitted under Article 29(4) to (8). Where the WTO Agreement specifies the date of entry into force of the WTO Agreement (or an analogous phrase) as the reference date for a certain action, it shall be substituted with the date of entry into force of the Amendment to the Trade-Related Provisions of the present Treaty adopted by the Charter Conference on April 24, 1998. Any signatory or Contracting Party may terminate its provisional application of the present Amendment by way of a written notification to the Depository of its intention not to ratify, accept or approve the present Amendment. Termination of provisional application for any signatory or Contracting Party shall take effect upon the expiration of sixty days from the date on which such signatory’s or Contracting Party’s written notification is received by the Depository. Any signatory which terminates its provisional application of the Energy Charter Treaty in accordance with Article 45(3)(a) shall be considered as also having terminated its provisional application of the present Amendment with the same date of effect.

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On the National Program for Putting out of Operation the Chornobyl Atomic Energy Station and Transforming [...] Verkhovna Rada of Ukraine; Law, Program, Events from 15.01.2009 № 886-VI http://zakon4.rada.gov.ua/laws/anot/en/886-17

The Law of Ukraine

“On the National Program for Putting out of Operation the Chornobyl Atomic Energy Station and Transforming

the Object “Ukryttia” (Shelter) into an Environmentally Safe System”

Date of entry into force: January 1, 2010

The present Law shall approve the National Program for Putting out of Operation the Chornobyl Atomic Energy Station and Transforming the Object “Ukryttia” (Shelter) into an Environmentally Safe System (hereinafter referred to as the Program). It shall be envisaged to render Articles 5 and 6 of the Law of Ukraine “On the General Principles for Further Operating and Putting out of Operation the Chornobyl Atomic Energy Station and Transforming the Destroyed Fourth Reactor of the Chornobyl Atomic Energy Station into an Environmentally Safe System” in a new wording. According to this new wording, works to transform the Object “Ukryttia” (Shelter) into an environmentally safe system shall be fulfilled in compliance with the approved Program. One of the goals of transforming the Object “Ukryttia” (Shelter) into an environmentally safe system shall be to remove materials containing nuclear fuel and radio-active waste from this object. At the same time, it shall be necessary to ensure, before the removal of materials containing nuclear fuel and radio-active waste from the Object “Ukryttia” (Shelter), their transformation in a controllable condition. The present Program shall identify the main areas of works to put out of operation the Chornobyl Atomic Energy Station and to transform the Object “Ukryttia” (Shelter) into an environmentally safe system, the approximate volumes of their financing, organizational tasks, and terms of reference. Nuclear facilities and installations located on the industrial area of the Chornobyl Atomic Energy Station that are designed for managing radio-active waste and that shall be subject to putting out of operation shall include:

- the first, the second and the third reactors (main buildings); - the first storage facility for exhaust nuclear fuel based on the technology of “wet” storage; - temporary storage facilities of liquid and solid radio-active waste.

Subject to putting out of operation shall also be other facilities designed for general purposes of the Chornobyl Atomic Energy Station: auxiliary facilities, electrotechnical installations, waterworks, and the cooling pond. In addition, it shall be indicated that, it shall take approximately 100 years to complete activities to put out of operation the Chornobyl Atomic Energy Station and to transform the Object “Ukryttia” (Shelter) into an environmentally safe system. This is why the present Program shall contain top-priority measures that shall be necessary to implement during 2009-2012 at the stage of terminating operation of the Chornobyl Atomic Energy Station and transforming the Object “Ukryttia” (Shelter) into an environmentally safe system.

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The goal of the present Program shall be to provide for the implementation of government policies related to:

- preparing for putting out of operation and putting out of operation the Chornobyl Atomic Energy Station and transforming the Object “Ukryttia” (Shelter) into an environmentally safe system;

- ensuring the protection of the personnel, the population and the environment from the impact of ionizing radiation.

The present Program shall provide for activities in the following main areas:

- terminating operation of, preparing for putting out of operation and putting out of operation the Chornobyl Atomic Energy Station;

- transforming the Object “Ukryttia” (Shelter) into an environmentally safe system; - managing radio-active waste of the Chornobyl Atomic Energy Station that has accumulated

over the period of operation and will be generated at the time of fulfilling works to put out of operation reactors of the Chornobyl Atomic Energy Station and to transform the Object “Ukryttia” (Shelter) into an environmentally safe system;

- providing scientific, technical and informational support for works to prepare for putting out of operation and to put out of operation reactors of the Chornobyl Atomic Energy Station and to transform the Object “Ukryttia” (Shelter) into an environmentally safe system, guaranteeing transparent decisions for the society regarding safety of operations envisaged by the present Program;

- providing social security to employees of the Chornobyl Atomic Energy Station and residents of the town of Slavutych in connection with pre-term putting out of operation of the Chornobyl Atomic Energy Station.

To achieve the goal of the present Program in the environment where there is no experience of putting out of operation reactors of the type RVPK-1000, it shall be necessary:

- to improve the regulatory and legislative base in the area of putting out of operation nuclear facilities and installations designed for managing radio-active waste;

- to provide for the construction of facilities designed for managing radio-active waste that will be generated in the process of putting out of operation of the Chornobyl Atomic Energy Station and transforming the Object “Ukryttia” (Shelter) into an environmentally safe system;

- to set up, at the industrial area of the Chornobyl Atomic Energy Station, a complex of engineering and technical systems and structures and an integrated system for managing radio-active waste.

According to the present Program, it shall be envisaged to carry out activities to put out of operation the Chornobyl Atomic Energy Station in compliance with the following stages:

- termination of operation (preparatory stage for putting out of operation). This shall be the stage when nuclear fuel is to be removed and moved into a storage facility for exhaust nuclear fuel designed for long-term storage. This is the current stage when the main objective is being fulfilled, which shall determine the duration of this stage, - the removal of nuclear fuel from reactors. The completion date shall be not earlier than 2013;

- final shutdown and entombment of reactor facilities (approximately by 2022); - cooling of reactor facilities during the period when radio-active radiation should naturally

decline to an acceptable level (approximately by 2045); - dismantling of reactor facilities (approximately by 2045).

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At the same time, it shall be indicated that the objective of transforming the Object “Ukryttia” (Shelter) into an environmentally safe system shall be fulfilled by way of consecutive development and implementation of separate plans, projects or programs aimed at implementing the above-mentioned measures. Further on, the present Program shall identify the main objectives and measures that shall have to be fulfilled or implemented separately at each stage. According to the present Program the transformation of the Object “Ukryttia” (Shelter) into an environmentally safe system shall provide for:

- lowering the risks of the impact of ionizing radiation; - erecting additional safety barriers, in particular those ensuring appropriate conditions for

fulfilling works at the next stage; - removing fuel-containing materials, high-level and long-lived radio-active waste from the

Object “Ukryttia” (Shelter), transforming them into a safe condition, ensuring intermediary controlled storage and disposal in deep storage facilities (stable geological formations) in the instance when no alternative way to provide for safe storage of materials at the Object “Ukryttia” (Shelter) is proposed before the beginning of removal (approximately in 30-50 years).

As a result of implementing the present Program until 2013, it shall be envisaged:

- to terminate operation of the first, the second and the third reactors at the Chornobyl Atomic Energy Station and to launch works for their final shutdown and entombment;

- to develop an effective and efficient system for managing radio-active waste at the Chornobyl Atomic Energy Station;

- to complete the construction and to put into operation a new storage facility for exhaust nuclear fuel;

- to complete the construction and to put into operation a confinement over the Object “Ukryttia” (Shelter);

- to improve the system of social guarantees for employees of the Chornobyl Atomic Energy Station;

- to ensure transparent coverage of issues related to the safety of activities and operations to prepare for putting out of operation and to put out of operation the Chornobyl Atomic Energy Station and to transform the Object “Ukryttia” (Shelter) into an environmentally safe system.

Measures of the present Program shall be financed at the expense of funds of the State Budget of Ukraine, international technical assistance and voluntary contributions of legal entities or private individuals, and other sources that shall not be prohibited by the legislation. The relevant amendments shall be introduced by the present Law to Article 7 of the Law of Ukraine “On the General Principles for Further Operating and Putting out of Operation the Chornobyl Atomic Energy Station and Transforming the Destroyed Fourth Reactor of the Chornobyl Atomic Energy Station into an Environmentally Safe System”. The present Program shall specify that the overall amount of financing for works written into the present Program at the expense of funds of the State Budget of Ukraine shall constitute UAH 3,535.90 million (without due consideration for expenditures of 2009). Projects of international technical assistance shall be implemented within the volumes of and according to plans for financing stipulated in the relevant contracts.

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On Amendments to Some Laws of Ukraine with Respect to Setting up Quality Management Systems, Environmenta [...] Verkhovna Rada of Ukraine; Law from 15.01.2009 № 882-VI http://zakon4.rada.gov.ua/laws/anot/en/882-17

The Law of Ukraine

“On Amendments to Some Laws of Ukraine with Respect to Setting up Quality Management Systems, Environmental Management

Systems and Other Management Systems”

Date of entry into force: January 31, 2009

The present Law shall introduce amendments to part 2 of Article 49 of the Law of Ukraine “On Environmental Protection”. According to these amendments, voluntary or mandatory environmental audit shall be carried out at the time of certification of environmental management systems. It shall be proposed to introduce the relevant amendments to the Law of Ukraine “On Confirmation of Conformity”, the Law of Ukraine “On Environmental Audit” and also to Article 4 of the Law of Ukraine “On Standards, Technical Regulations and Conformity Assessment Procedures”. The amounts of expenditures related to confirmation of conformity of environmental management systems shall be included in gross expenditures of enterprises (amendments to sub-item 5.2.15. of item 5.2. of Article 5 of the Law of Ukraine “On Enterprise Profit Tax”). According to the present Law, the relevant local state administration shall contribute to the establishment of quality management systems, environmental management systems and other management systems at enterprises according to the national or international standards (amendments to item 1 of Article 19 of the Law of Ukraine “On Local State Administrations”). It shall be stipulated that bodies for the certification of environmental management systems may be accredited (amendments to Article 10 of the Law of Ukraine “On Accreditation of Conformity Assessment Bodies”). The present Law shall introduce amendments to the Law of Ukraine “On Housing and Communal Services”. According to these amendments, powers of the central body of executive power in the area of housing and communal services sector shall also include contributing to the creation by providers/producers of quality management systems for housing and communal services according to the national or international standards. A provider (a business entity whose subject matter of activity is to provide housing and communal services to the consumer according to the terms and conditions of a contract) shall also have to ensure timely and the relevant quality provision of housing and communal services according to the legislation and the terms and conditions of a contract, including by way of setting up quality management systems in compliance with the national and international standards.

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On the National Targeted Environmental Program for Radioactive Waste Management Verkhovna Rada of Ukraine; Law, Program, Passport [...] from 17.09.2008 № 516-VI http://zakon4.rada.gov.ua/laws/anot/en/516-17

The Law of Ukraine

“On the National Targeted Environmental Program for Radioactive Waste Management”

Date of entry into force:

October 17, 2008 The present Law shall adopt the National Targeted Environmental Program for Radioactive Waste Management (hereinafter referred to as the Program). The Program shall provide for activities, in particular, in the following key areas:

- management of radioactive waste at the grounds of enterprises where it is generated and at specialized enterprises for managing radioactive waste until the moment of its disposal;

- disposal of radioactive waste. Management of radioactive waste shall provide for:

- carrying out description, classification and forecasting of radioactive waste generation; - collecting radioactive waste; - carrying out preliminary processing, treatment and conditioning of radioactive waste; - transporting radioactive waste; - carrying out temporary storage of radioactive waste; - providing companies that shall generate radioactive waste and specialized enterprises with

the necessary quantity of the relevant containers; - implementing measures to minimize the volumes of radioactive waste generation; - tracking and overseeing radioactive waste generation.

It shall be established that the scope of the present Program shall not apply to management of:

- exhaust nuclear fuel, waste of the uranium-mining industry and the uranium-processing industry that, according to the legislation, shall not be identified as radioactive waste;

- the sources of ionizing radiation before their transfer to specialized enterprises for long-term storage.

It shall be stipulated that activities related to management of radioactive waste have resulted in the emergence of such a problem as the need to create elements of the infrastructure for management of radioactive waste (in particular, radioactive waste storage facilities, containers and equipment) and an integrated system for management of radioactive waste. The present Program shall identify three options for the solution of the above-mentioned problem. To tackle the problem of management of radioactive waste, it shall be provided for the fulfillment of the key objectives of the present Program which, in particular, shall include:

- building, launching into operation and operating the system “Vektor”; - providing for further development of the system for management of radioactive waste that

shall be generated as a result of operation of Ukrainian atomic energy stations, and minimizing the volumes of radioactive waste generation;

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- designing, building and operating a storage facility for intermediate storage of high-level

radioactive waste that shall be returned from the Russian Federation after the treatment of exhaust nuclear fuel of Ukrainian atomic energy stations;

- providing for further development of the system for management of radioactive waste that was generated as a result of the Chornobyl catastrophe;

- re-equipping and re-shaping special integrated complexes of the state-owned corporation “Ukrainian State-Owned Association ‘Radon’” for the purpose of creating conditions for collection and temporary container-based storage of radioactive waste;

- providing for further development of the state system for tracking radioactive waste; - providing for radiation safety and implementing anti-radiation measures at the time of

managing radioactive waste, reducing staff radiation exposure at specialized enterprises and radiation exposure of the population;

- training personnel and carrying out information and public awareness campaigns; - creating and providing for the functioning of infrastructure for management of radioactive

waste at the Chornobyl Atomic Energy Station and the object “Ukryttia” (Shelter); - developing regulatory and legislative base in the area of managing radioactive waste,

carrying out research and scientific work, as well as design and engineering activities, preparing a national report on the fulfillment of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management;

- fulfilling a set of exploratory, evaluation, scientific and methodical, research and designing works to select grounds for placing a geological storage facility for the disposal of long-lived and high-level radioactive waste;

- tackling the issue of management of radioactive waste that was generated as a result of implementing military programs of the USSR;

- expanding international cooperation in the area of management of radioactive waste. The present Program shall provide for the development and implementation of organizational, scientific and methodical, technical, financial and economic measures to create a uniform system for management of radioactive waste on the basis of organizing its comprehensive treatment with the maximum utilization of the existing facilities and the construction of a centralized storage facility for the disposal of short-lived radioactive waste and, and mandatory construction of a geological storage facility for the disposal of long-lived radioactive waste. The main results of implementing the present Program shall be the provision for safety of the current generation and future generations, as well as the enhancement of the level of natural environmental protection from the detrimental impact of radioactive waste, the improvement of the system for radioactive waste management, the lowering of the level of social and psychological tension related to the elimination of the aftereffects of the disaster at the Chornobyl Atomic Energy Station, the prevention of the committal of acts of terrorism and the creation of favorable conditions for continuing the utilization of nuclear energy for the generation of electric energy for the purpose of raising the living standards of the population. It shall be established that measures envisaged by the present Program shall be implemented at the expense of funds of the State Budget of Ukraine, funds of the State Fund for Radioactive Waste Management, funds of international technical assistance, as well as other sources of financing that shall not be prohibited by the legislation. The approximate volume of financing for the present Program shall constitute UAH 5,247.5 million. The annual volume of expenditures on implementing measures envisaged by the present Program shall be adjusted by the Cabinet of Ministers of Ukraine according to the law of Ukraine on the State Budget of Ukraine for the relevant year and to priorities of the present Program.

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On Amendments to Some Laws of Ukraine Related to Making Public the Information Concerning Radioactive [...] Verkhovna Rada of Ukraine; Law from 10.04.2008 № 259-VI http://zakon4.rada.gov.ua/laws/anot/en/259-17

The Law of Ukraine

“On Amendments to Some Laws of Ukraine Related to Making Public the Information Concerning Radioactive Contamination Zones”

Date of entry into force:

May 6, 2008 The present Law shall establish to introduce amendments to Article 2 of the Law of Ukraine “On the Legal Regime of the Territory That Sustained Radioactive Contamination as a Result of the Chornobyl Disaster”. According to these amendments, the borders of zones of enhanced radio-ecological oversight shall be established and revised by the Cabinet of Ministers of Ukraine on the basis of expert conclusions of the National Commission for Radiation Protection of the Population of Ukraine, the National Academy of Sciences of Ukraine, the Ministry of Healthcare of Ukraine, the Ministry of Ukraine for Emergency Situations and the Matters of Protecting the Population from the Aftereffects of the Chornobyl Disaster, the Ministry of Agriculture and Foodstuffs of Ukraine, and the Ministry for the Protection of the Natural Environment and Nuclear Safety of Ukraine upon suggestions of oblast councils, and shall be approved by the Verkhovna Rada of Ukraine. Also the present Law shall envisage that the list of settlements referred to as radioactive contamination zones and data of annual dosimetric certifications with the indication of the expected radiation doses for the population shall be made public by the Cabinet of Ministers of Ukraine once in three years starting from 2009. According to the present Law, maps of the above-mentioned zones, the list of settlements referred to as radioactive contamination zones and data of annual dosimetric certifications with the indication of the expected radiation doses for the population shall be published once in three years in national and regional printed mass media and shall be stored with the relevant central and local government bodies. The relevant amendments shall also be introduced to Article 2 of the Law of Ukraine “On the Status of and Social Security for Individuals Who Suffered from the Aftereffects of the Chornobyl Disaster”.

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On the Ratification of the Stockholm Convention on Persistent Organic Pollutants Verkhovna Rada of Ukraine; Law from 18.04.2007 № 949-V http://zakon4.rada.gov.ua/laws/anot/en/949-16

The Law of Ukraine

“On the Ratification of the Stockholm Convention on Persistent Organic Pollutants”

Date of entry into force: June 23, 2007

The present Law shall ratify the Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as the Convention) that was signed on behalf of Ukraine in Stockholm on May 23, 2001. The objective of the present Convention shall be to protect human health and the natural environment from persistent organic pollutants Each Party (that is, a State or a regional economic integration organization that has consented to be bound by the present Convention and for which the present Convention is in force) shall: (a) prohibit and (or) take the legal and administrative measures necessary to eliminate:

- its production and use of the chemicals listed in Annex A; and - its imports and exports of the chemicals listed in Annex A; and

(b) restrict its production and use of the chemicals listed in Annex B. According to part 2 of Article 3 of the present Convention, each Party shall take measures with the aim to ensure: (a) that a chemical listed in Annex A or Annex B is imported only:

- for the purpose of environmentally sound disposal; or - for the use or for the purpose which is permitted for that Party under Annex A or Annex B;

(b) that a chemical listed in Annex A, for which a specific exemption for any production or use is in effect, or a chemical listed in Annex B, for which a specific exemption for any production or use or an acceptable purpose is in effect, taking into account any relevant provisions in existing international documents regarding prior informed consent instruments, is exported only:

- for the purpose of environmentally sound disposal; - to a Party which is permitted to use that chemical under Annex A or Annex B; or - to a State that is not Party to the present Convention which has provided an annual

certification to the exporting Party. Such a certification shall specify the intended use of the relevant chemical and shall include a statement that, with respect to that chemical, the importing State is committed, in particular, to: protect human health and the natural environment by taking the necessary measures to minimize or prevent releases;

(c) that a chemical listed in Annex A, for which specific exemptions for any production and use are no longer in effect for any Party, is not exported from it, except for the purposes of environmentally sound disposal. Each Party shall, at a minimum, take the following measures to reduce the total releases derived from anthropogenic sources of each of the chemicals listed in Annex C, with the goal of their continuing minimization and, where feasible, ultimate elimination, in particular:

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- promote the application of available, feasible and practical measures that can expeditiously

achieve a realistic and meaningful level of release reduction or source elimination; - promote the development and, where it deems appropriate, require the use of substitute or

modified materials, products and processes in order to prevent the formation and release of the chemicals listed in Annex C, taking into consideration the general guidance on prevention and release reduction measures specified in Annex C, as well as the guidelines to be adopted by a decision of the Conference of the Parties.

Part 1 of Article 6 of the present Convention shall establish that, in order to ensure that stockpiles consisting of or containing chemicals listed either in Annex A or Annex B and wastes, including products and articles upon becoming wastes, consisting of, containing or contaminated with a chemical listed in Annex A, Annex B or Annex C, are managed in a manner that is protective of human health and the natural environment, each Party shall: (a) develop appropriate strategies for the purpose of identifying:

- stockpiles consisting of or containing chemicals listed either in Annex A or Annex B; and - products and articles that are in use, as well as wastes consisting of, containing or

contaminated with a chemical listed in Annex A, Annex B or Annex C; (b) identify, to the extent practicable, stockpiles consisting of or containing chemicals listed either in Annex A or Annex B on the basis of the strategies referred to in subparagraph (a); (c) manage stockpiles, as appropriate, in a safe, efficient and environmentally sound manner. Stockpiles of chemicals listed either in Annex A or Annex B, after they are no longer allowed to be used according to any specific exemption specified in Annex A or any specific exemption or acceptable purpose specified in Annex B, except for stockpiles which are allowed to be exported according to paragraph 2 of Article 3, shall be deemed to be waste and shall be subject to management; (d) take appropriate measures so that such wastes, including products and articles upon becoming wastes, are:

- handled, collected, transported, and stored in an environmentally sound manner; - disposed of in such a way that the persistent organic pollutant content is destroyed or

irreversibly transformed so that they do not exhibit the characteristics of persistent organic pollutants or otherwise disposed of in an environmentally sound manner when the destruction or the irreversible transformation thereof does not represent the environmentally preferable option or the persistent organic pollutant content is low, taking into account international rules, standards, and guidelines.

The Conference of the Parties shall cooperate closely with the appropriate bodies of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, inter alia, in order:

- to establish levels of destruction and irreversible transformation necessary to ensure that the characteristics of persistent organic pollutants as specified in Annex D are not exhibited;

- to determine what they consider to be the methods that constitute environmentally sound disposal referred to above; and

- to work to establish, as appropriate, the concentration levels of the chemicals listed in Annex A, Annex B and Annex C in order to define the low content of persistent organic pollutants.

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The Parties shall, where appropriate, cooperate directly or through global, regional and sub-regional organizations, and hold consultations with their national stakeholders, including women’s organizations and groups, as well as groups involved in the health of children, in order to facilitate the development, implementation and updating of their implementation plans. The Parties shall endeavor to utilize and, where necessary, establish the means to integrate their national implementation plans for persistent organic pollutants in their sustainable development strategies, where appropriate. According to paragraph 1 of Article 9 of the present Convention, each Party shall facilitate or undertake the exchange of information relevant to:

- the reduction or elimination of the production, use and release of persistent organic pollutants; and

- alternatives to persistent organic pollutants, including information relating to their risks, as well as to their economic and social costs.

The Parties shall exchange the information referred to in paragraph 1 of Article 9 of the present Convention directly or through the Secretariat. Each Party shall designate a national focal point for the exchange of such information. The Secretariat shall serve as a clearing-house mechanism for information on persistent organic pollutants, including information provided by Parties, intergovernmental organizations and non-governmental organizations. For the purposes of the present Convention, information on health and safety of humans and the natural environment shall not be regarded as confidential. Parties that exchange other information pursuant to the present Convention shall protect any confidential information as mutually agreed. According to Article 13 of the present Convention, each Party shall undertake to provide, within its capabilities, financial support and incentives in respect of those national activities that are intended to achieve the objective of the present Convention in accordance with its national plans, priorities and programs. Article 15 of the present Convention shall specify that each Party shall report to the Conference of the Parties on the measures that it has taken to implement the provisions of the present Convention and on the effectiveness of such measures in terms of meeting the objectives of the present Convention. Each Party shall provide to the Secretariat:

- statistical data on its total quantities of production, imports and exports of each of the chemicals listed in Annex A and Annex B or a reasonable estimate of such data; and

- to the extent practicable, a list of the States from which it has imported each such substance and the States to which it has exported each such substance.

Such reporting shall be at periodic intervals and in a format to be decided by the Conference of the Parties at its first meeting. Commencing four years after the date of entry into force of the present Convention, and periodically thereafter at intervals to be decided by the Conference of the Parties, the Conference shall evaluate the effectiveness of the present Convention (paragraph 1 of Article 16 of the present Convention). According to Article 19 of the present Convention, the first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Program no later than one year after the entry into force of the present Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be decided by the Conference. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference or at the written request of any Party provided that it is supported by at least one third of the Parties. The Conference of the Parties shall, by way of consensus, agree upon and adopt at its first meeting rules of procedure and financial rules for itself and any subsidiary bodies, as well as financial provisions governing the functioning of the Secretariat.

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The Conference of the Parties shall keep under continuous review and evaluation the implementation of the present Convention. It shall perform the functions assigned thereto by the present Convention and, to this end, shall:

- establish, further to the requirements identified in paragraph 6 of Article 19 of the present Convention, such subsidiary bodies as it considers necessary for the implementation of the present Convention;

- cooperate, where appropriate, with competent international organizations and intergovernmental and non-governmental bodies; and

- consider and undertake any additional actions that may be required for the achievement of the objectives of the present Convention.

Paragraph 6 of Article 19 of the present Convention shall specify that the Conference of the Parties shall, at its first meeting, establish a subsidiary body to be called the Persistent Organic Pollutants Review Committee for the purposes of performing the functions assigned to that Committee by the present Convention. In this regard:

- the members of the Persistent Organic Pollutants Review Committee shall be appointed by the Conference of the Parties. Membership of the Committee shall consist of government-designated experts in assessment and management of chemicals. The members of the Committee shall be appointed on the basis of equitable geographical distribution;

- the Conference of the Parties shall decide on the terms of reference, organization and operation of the Committee; and

- the Committee shall make every effort to adopt its recommendations by consensus. If all efforts at consensus have been exhausted, and no consensus reached, such recommendation shall, as a last resort, be adopted by a two-thirds majority vote of the members that are present and voting.

The United Nations Organization, its specialized agencies and the International Atomic Energy Agency, as well as any State that is not Party to the present Convention, may be represented at meetings of the Conference of the Parties as observers. Any other bodies or agencies, whether national or international, governmental or non-governmental, that are qualified in matters covered by the present Convention, and which have informed the Secretariat of their wish to be represented at a meeting of the Conference of the Parties as observers may be admitted, unless at least one third of the Parties present at such a meeting objects. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. The functions of the Secretariat shall be:

- to make arrangements for meetings of the Conference of the Parties and its subsidiary bodies;

- to facilitate assistance to the Parties, particularly developing country Parties and Parties with economies in transition, on request, in the implementation of the present Convention;

- to ensure the necessary coordination with the secretariats of other relevant international bodies;

- to prepare and make available to the Parties periodic reports based on the information received pursuant to Article 15 of the present Convention and other available information;

- to enter, under the overall guidance of the Conference of the Parties, into such administrative and contractual arrangements as may be required for the effective discharge of its functions; and

- to perform the other secretariat functions specified in the present Convention and such other functions as may be determined by the Conference of the Parties.

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The secretariat functions for the present Convention shall be performed by the Executive Director of the United Nations Environment Program, unless the Conference of the Parties decides, by a three-fourths majority of the Parties that are present and voting, to entrust the secretariat functions to one or more other international organizations. The present Convention shall enter into force on the ninetieth day after the date of the deposit of the fiftieth instrument of ratification, acceptance, approval, or accession. For each State or regional economic integration organization that ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the fiftieth instrument of ratification, acceptance, approval, or accession, the present Convention shall enter into force on the ninetieth day after the date of the deposit by such a State or a regional economic integration organization of its instrument of ratification, acceptance, approval, or accession. According to Article 27 of the present Convention, no reservations may be made to the present Convention. At any time after three years from the date on which the present Convention has entered into force for any Party, that Party may withdraw from the present Convention by giving a written notification to the Depositary. Any such withdrawal shall take effect upon the expiry of one year from the date of the receipt by the Depositary of such a notification of withdrawal, or on such later date as may be specified in such a notification of withdrawal. The Secretary-General of the United Nations Organization shall be the Depositary of the present Convention. The present Convention shall include six Annexes:

- Annex A “Elimination” (shall specify the list of chemicals, in particular, Aldrin CAS No. 309-00-2, Chlordane CAS No. 57-74-9, Mirex CAS No. 2385-85-5);

- Annex B “Restriction” shall establish restrictions for the Parties that have informed the Secretariat about their intention to apply the relevant chemical (DDT (1,1,1-trichloro-2,2-bis(4-chlorophenyl)ethane) CAS No. 50-29-3);

- Annex C “Unintentional Production” shall apply to chemicals (Polychlorinated dibenzo-p-dioxins and dibenzofurans (PCDD/PCDF), Hexachlorobenzene (HCB) (CAS No. 118-74-1), Polychlorinated biphenyls (PCB) and persistent organic pollutants with respect to which Parties shall take measures to prevent or reduce their releases when formed and released unintentionally from anthropogenic sources;

- Annex D “Information Requirements and Screening Criteria”; - Annex E “Information Requirements for the Risk Profile”; - Annex F “Information on Socio-Economic Considerations”.

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On Amendments to Some Pieces of Legislation of Ukraine Related to the Provision of Incentives for [...] Verkhovna Rada of Ukraine; Law from 16.03.2007 № 760-V http://zakon4.rada.gov.ua/laws/anot/en/760-16

The Law of Ukraine

“On Amendments to Some Pieces of Legislation of Ukraine Related to the Provision of Incentives for Energy-Saving Measures”

Date of entry into force:

January 1, 2008 The present Law shall provide for supplementing the Law of Ukraine No. 74/94-VR “On Energy-Saving” of July 1, 1994, with a new Article 13. This new Article shall establish that, the State Energy-Saving Fund shall be set up to provide financing for measures to ensure effective and efficient utilization of fuel and energy resources. The sources for forming the State Energy-Saving Fund shall be:

- funds obtained in the form of penal sanctions for violations of the legislation on ensuring effective and efficient utilization of energy resources;

- a part of fees for the utilization of natural resources whose size shall be determined by the Verkhovna Rada of Ukraine upon the suggestion of the Cabinet of Ministers of Ukraine;

- funds obtained for the issuance of permissive or licensing documents by the National Agency for Ensuring Effective and Efficient Utilization of Energy Resources of Ukraine;

- voluntary contributions of enterprises, institutions, organizations, and private individuals. The procedure for distributing financial resources that are transferred to the State Energy-Saving Fund shall be established by the Cabinet of Ministers of Ukraine. The present Law shall introduce amendments to Article 16 of the Law of Ukraine “On Energy-Saving”. According to these amendments, the Cabinet of Ministers of Ukraine shall establish:

- the Procedure for priority lending for measures to ensure rational utilization and economy of fuel and energy resources, the utilization of alternative and renewable sources of energy, and the production of alternative types of fuel;

- the List of types of energy-saving equipment to which increased rates of depreciation shall apply;

- the Procedure for granting government subsidies and for making non-repayable assignments.

For excessive consumption of fuel and energy resources above the established indicators of the norms for specific (per unit) consumption, business entities shall pay a fee for excessive consumption of fuel and energy resources (energy fee) in the amount of 200 percent of the cost of excessively consumed resources. The volumes of excessively consumed fuel and energy resources for which the energy fee is accrued shall not include the volume of types of fuel and fuel and energy resources that were obtained by a business entity from alternative sources of energy. The present Law shall supplement Article 19 of the Law of Ukraine No. 2097-ХІІ “On the Unified Customs Tariff” of February 5, 1992, with new provisions. According to these new provisions, the following objects shall be exempted from the payment of customs duty:

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- equipment that runs on alternative and renewable sources of energy, energy-saving

equipment and materials, instruments and devices for measuring, controlling and managing consumption of fuel and energy resources, and equipment and materials for the production of alternative types of fuel (hereinafter referred to as the goods) that are imported to the customs territory of Ukraine by domestic enterprises on condition that these goods are used thereby for their own in-house production and on condition that identical goods with similar qualitative indicators are not manufactured in Ukraine. The procedure for importing, the list and the volumes of the above-mentioned goods shall be established by the Cabinet of Ministers of Ukraine;

- materials, equipment and component parts that are imported to the customs territory of Ukraine and are used for manufacturing equipment that runs on alternative and renewable sources of energy, energy-saving equipment and materials, articles whose utilization provides for economy and rational utilization of fuel and energy resources, instruments and devices for measuring, controlling and managing consumption of fuel and energy resources, and equipment for the production of alternative types of fuel, if identical goods with similar qualitative indicators are not manufactured in Ukraine. The procedure for importing, the list and the volumes of the above-mentioned goods shall be established by the Cabinet of Ministers of Ukraine.

Additions that shall be introduced by the present Law to item 7.21 of Article 7 of the Law of Ukraine No. 334/94-VR “On Enterprise Profit Tax” of December 28, 1994, shall specify that profits of enterprises shall be exempted from taxation, if such profits have been obtained from selling on the customs territory of Ukraine the following types of goods of their own in-house production according to the list established by the Cabinet of Ministers of Ukraine:

- equipment that runs on alternative and renewable sources of energy; - energy-saving equipment and materials, articles whose utilization provides for economy and

rational utilization of fuel and energy resources; - instruments and devices for measuring, controlling and managing consumption of fuel and

energy resources; - equipment for the production of alternative types of fuel.

Also, profits of enterprises that are included into the State Register of enterprises, institutions and organizations that are engaged in developing, instituting and utilizing energy-saving measures and energy efficient projects shall be exempted from taxation, but in the amount that is not higher than 50 percent of the amount of profits that are subject to taxation. The State Register of enterprises, institutions and organizations that are engaged in developing, instituting and utilizing energy-saving measures and energy efficient projects shall include enterprises, institutions and organizations that are included into sectoral energy-saving programs and that, based on the results of an expert examination carried out by bodies of the State Energy-Saving Inspectorate, have received the conclusion on the compliance of energy-saving measures and energy efficient projects that have already been instituted or implemented or are at the stage of development and institution or implementation with energy-saving criteria and have been included into sectoral energy-saving programs. The function to keep the State Register of enterprises, institutions and organizations that are engaged in developing, instituting and utilizing energy-saving measures and energy efficient projects shall be entrusted to the National Agency for Ensuring Effective and Efficient Utilization of Energy Resources of Ukraine. The procedure for including enterprises into the State Register of enterprises, institutions and organizations that are engaged in developing, instituting and utilizing energy-saving measures and energy efficient projects shall be adopted by the National Agency for Ensuring Effective and Efficient Utilization of Energy Resources of Ukraine.

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On the Ratification of the Black Sea Biodiversity and Landscape Conservation Protocol to the Convention [...] Verkhovna Rada of Ukraine; Law from 22.02.2007 № 685-V http://zakon4.rada.gov.ua/laws/anot/en/685-16

The Law of Ukraine

On the Ratification of the Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea against Pollution

Date of entry into force:

March 27, 2007 The present Law ratified the Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea against Pollution that was signed in Sofia on June 14, 2002. The purpose of the present Protocol shall be to maintain the Black Sea ecosystem in the good ecological state and its landscapes in the favorable conditions, to protect, to preserve and to sustainably manage the biological and landscape diversity of the Black Sea in order to enrich the biological resources Provisions of the present Protocol shall provide for developing, harmonizing and enforcing the necessary environmental policy steps, strategies and measures aimed at preserving, protecting and sustainably managing natural, historical, cultural, and aesthetic resources. The area to which the present Protocol shall apply shall be the area of the Black Sea to the north of capes Kalagra and Dalyan, the waters, sea bed, subsoil up to the fresh water limits. It shall also include:

- the Sea of Azov as a part of the Black Sea Basin that is highly important for the biodiversity and landscape conservation;

- the coastal zone designated by each Contracting Party, including wetlands. According to the present Protocol, each Contracting Party shall take all necessary measures to:

- protect, preserve, improve, and manage in a sustainable and environmentally sound way areas of particular biological or landscape value, notably by the establishment of protected areas;

- ensure that species occurring in the area to which the present Protocol shall apply shall be maintained at a favorable conservation status and habitats that are close to undisturbed;

- ensure that species of economic importance, especially living marine resources, shall be used sustainably;

- restore and rehabilitate damaged areas of previously high biodiversity and landscape value; - restore and maintain in good conditions the landscapes of high nature, historical, cultural,

and aesthetic value. According to provisions of the present Protocol, the Contracting Parties shall take into account the traditional subsistence and cultural activities of local communities. They may grant exemptions from environmental protection and conservation measures, as necessary, and where appropriate, to meet such needs. No exemption which is allowed for this reason shall:

- endanger either maintenance of landscapes of high aesthetic value or ecosystems, or the biological processes contributing to the maintenance of those ecosystems;

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- cause a substantial reduction in the number of individuals making up the populations of

species of flora and fauna, in particular threatened, migratory or endemic species, destruction of their habitats or landscapes, especially ones of regional importance;

- cause an irreversible damage of the landscapes constituting the nature, cultural, historical, or aesthetic heritage of the Black Sea importance.

The present Protocol establishes that each Contracting Party shall adopt rules and regulations on the liability for damage caused by private individuals or legal entities to the biological and landscape diversity of the Black Sea. The Contracting Parties shall co-operate in the area of developing and harmonizing their laws, regulations and procedures relating to liability, assessment of and compensation for damages caused by human activities and (or) pollution of the marine environment of the Black Sea. The present Protocol contains four Annexes, namely:

- Annex 1. Protected Areas; - Annex 2. Provisional List of Species of the Black Sea Importance; - Annex 3. Conservation of Species and Management of Their Habitats; - Annex 4. The List of Species Where Their Utilization Is Governed by the Black Sea

Biodiversity and Landscape Conservation Protocol. According to Annex 1, the objective of protected areas shall be to safeguard: representative types of coastal and marine ecosystems, wetlands and landscapes of adequate size to ensure their long-term viability and to maintain their unique biological and landscape diversity;

- habitats, biocenoses, ecosystems, or landscapes which are in danger of disappearing in their natural area of distribution or distraction in the Black Sea or which have a reduced natural area of distribution or aesthetic values;

- habitats critical to the survival, reproduction and recovery of species of flora or fauna that are facing the threat of extinction;

- sites of particular importance because of their scientific, aesthetic, landscape, cultural, or educational value.

Annex 3 identifies that the Contracting Parties shall manage species of flora and fauna with the aim of maintaining them at favorable conservation status. With respect to protected species of fauna, the Contracting Parties shall control and, if necessary and where appropriate, prohibit:

- the taking, possession or killing, the commercial trade, the transport and the exhibition for commercial purposes of these species, their eggs, parts, or products;

- the disturbance of wild fauna, particularly during breeding, hibernation or migration, as well as during other periods of biological stress.

For those species which are not in a favorable conservation status, the Contracting Parties shall agree and put in place recovery plans.

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ANNEX B: LAWS of UKRAINE 2006-2000

CONTENTS: Page: On the Operation of the Fuel and Energy Complex during a Special Period 89 On the Ratification of Amendments to the Montreal Protocol on Substances that Deplete the Ozone [...] 92 On State Regulation of Activity in the Sphere of Transfer of Technologies 95 On the State Program of Elimination of the Chornobyl Catastrophe Consequences for 2006 – 2010 98 On Chemical Sources of Current 100 On Approving the State Program for the Development of the Ukrainian Mineral and Resource Base for the [...] 103 On Amendments to the Forest Code of Ukraine 105 Major Fundamentals of the State Agrarian Policy for the period until 2015 110 On the Procedure for Making Decisions on Locating, Designing and Building Nuclear Facilities and Objects [...] 114 On Measures Aimed at Ensuring Sustainable Operation of Enterprises of Fuel and Energy Complex 116 On Heat Supply 119 On Combined production of heating and electric energy (co-generation) and usage of residual / waste [...] 121 On the National State Program called “Potable Water of Ukraine” for 2006–2020 124 On Ecological Network of Ukraine 127 On Ecological Audit 128 On the State Complex Program of Development of High Tech Technologies 130 On Ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change 131 On State Control over Use and Protections of Lands 133 On Land Protection 134 On the Fundamentals of National Security of Ukraine 136 On Land Management 138 On Alternative Energy Sources 140 On Ukraine's Accession to the Cartagena Protocol on Biosafety to the Convention on Biological [...] 142 On Innovation Activity 144 On Drinking Water and Drinking Water Supply 146 On Oil and Gas 149 On Motor Vehicle Transport 152 On the Ratification of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone [...] 155 On the National Program for Creating the National Environmental Network of Ukraine for the Years [...] 157 On Emergency Ecological Situation Zone 159 On Protection of Population and Territories from Man-Caused and Natural Emergencies 161 On Alternative Types of Liquid and Gas Fuel 163 Note: when you press (while pressing Ctrl) on the underlined name of the law in a browser window to display the full version of this law in the Ukrainian language.

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On the Operation of the Fuel and Energy Complex during a Special Period Verkhovna Rada of Ukraine; Law from 02.11.2006 № 307-V http://zakon4.rada.gov.ua/laws/anot/en/307-16

The Law of Ukraine

“On the Operation of the Fuel and Energy Complex during a Special Period”

Date of entry into force:

December 1, 2006

The present Law shall regulate relations emerging in connection with the production, transmission, delivery, and utilization of energy resources during a special period by enterprises, institutions and organizations of the fuel and energy complex, regardless of their form of ownership, and their interactions with government bodies, the Armed Forces of Ukraine and other military formations set up according to the Ukrainian laws, bodies of local government, authorities engaged in matters of civil defense and the forces of civil defense, as well as enterprises, institutions and organizations of the sectors of the national economy that emerge with the establishment of a special period. According to Article 3 of the present Law, the fuel and energy complex during a special period shall include enterprises, institutions and organizations of the electric energy, nuclear and industrial complex, coal and industrial complex, as well as oil and gas complex, regardless of their forms of ownership. Article 4 of the present Law shall identify the main objectives of enterprises, institutions and organizations of the fuel and energy complex during a special period, which shall include the following:

- to generate, according to mobilization objectives (orders) for a special period, electric and thermal energy, to manufacture products of petroleum refining and gas processing, equipment, component parts and items, to extract coal, peat, petroleum, and gas, to deliver and to transport petroleum, gas and products of petroleum refining and gas processing, and to transmit (supply) electric and thermal energy for the needs of the Armed Forces of Ukraine and other military formations set up according to the Ukrainian laws, enterprises, institutions and organizations, as well as residential consumers;

- to maintain and to support in the appropriate condition objects of the fuel and energy complex and machinery and equipment designated for servicing them according to the requirements of the legislation that is effective during a special period;

- to provide for technical protection and rehabilitation of the most important objects of the complex;

- to strengthen security, protection and defense of objects of the fuel and energy complex; - to create the pre-conditions for minimizing threats to the population residing in the

immediate proximity to objects of the fuel and energy complex that are of strategic importance.

Planning of the operation of enterprises, institutions and organizations of the fuel and energy complex during a special period shall be carried out at peaceful times by the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex according to mobilization objectives (orders) that shall be established (made) by the Cabinet of Ministers of Ukraine in cooperation with central and local bodies of executive power, proceeding from the needs of the country.

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According to part 2 of Article 5 of the present Law, products of enterprises of the fuel and energy complex during a special period shall be supplied in the following sequence:

- government bodies; - the Armed Forces of Ukraine and other military formations set up according to the

Ukrainian laws; - operators of telecommunications that provide for communication for the needs of the state

Government communication system, the national confidential communication system, as well as bodies dealing with emergency situations, security, defense, and the protection of law and order;

- enterprises fulfilling mobilization objectives (orders) related to the development, manufacturing, repairs, and supply of armaments, ammunition, military machinery and equipment, as well as special component parts and items;

- enterprises fulfilling mobilization objectives (orders) related to the development, manufacturing and supply of material and technical means;

- healthcare institutions that fulfill mobilization objectives (orders); - enterprises of air transport, water transport, motor transport, and railway transport; - bodies of local government; - enterprises, institutions and organizations that provide for vital activities of the population; - other objects that belong to the relevant groups related to civil defense.

Preparation of enterprises, institutions and organizations of the fuel and energy complex for stable operation during a special period shall be carried out at peaceful times according to mobilization plans, as well as long-term and annual programs for mobilization preparations of the sectors of the national economy. At that, the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex shall provide for the coordination of and methods support for measures related to the preparation of enterprises, institutions and organizations fuel and energy complex to stable operation during a special period. Article 7 of the present Law shall envisage that, for the purpose of preparing enterprises, institutions and organizations of the fuel and energy complex for stable operation during a special period, organizational, engineering and technical, as well as special measures shall be implemented. In particular, the main organizational measures, for example, shall be:

- the development of a mobilization plan for the operation of enterprises, institutions and organizations of the fuel and energy complex during a special period by the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex;

- timely establishment of a control system for the fuel and energy complex during a special period with the use of urban and suburban control centers;

- rational placement of the objects of the fuel and energy complex within the limits of the territory of Ukraine, and so on.

The main engineering and technical measures, in particular, shall be:

- timely fulfillment of planned and preventive works, capital repairs, as well as the replacement of depreciated and outdated equipment at objects of the fuel and energy complex;

- organization, according to mobilization objectives, of the generation of electric and thermal energy, the manufacturing of products of petroleum refining and gas processing, equipment, component parts and items, the extraction of coal, peat, petroleum, and gas, the delivery and transportation of petroleum, gas and products of petroleum refining and gas processing, and the transmission (supply) of electric and thermal energy;

- the introduction of modern energy-saving and information technologies, and so on.

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The main special measures shall be:

- the provision of technical protection and rehabilitation of objects of the fuel and energy complex;

- preparation and maintenance in the state of readiness for the utilization of reserve control centers and protection structures of the civil defense;

- planning of and preparation for the evacuation of employees of enterprises, institutions and organizations of the fuel and energy complex, and the population residing in the immediate proximity to objects of the fuel and energy complex that are of strategic importance.

According to Article 8 of the present Law, special formations shall be set up at enterprises, institutions and organizations of the fuel and energy complex at peaceful times for carrying out rescue works and rehabilitation works at objects of the above-mentioned complex during a special period. It shall be envisaged that expenditures related to mobilization preparations of enterprises, institutions and organizations of the fuel and energy complex for stable operation during a special period shall be financed at the expense of funds of the State Budget, as well as funds of enterprises, institutions and organizations according to the legislation. In addition, it shall be established that material and technical support for enterprises, institutions and organizations of the fuel and energy complex during a special period shall be provided at the expense of state (including mobilization) reserves that shall be set up at enterprises, institutions and organizations that belong to the area of management of the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex, and at enterprises, institutions and organizations whose activity is related to the construction and operation of objects of the above-mentioned complex according to mobilization objectives for a special period. Article 11 of the present Law shall establish that the operation of enterprises, institutions and organizations of the fuel and energy complex during a special period shall be organized by the Cabinet of Ministers of Ukraine by way of using automated control systems, reserve control centers of the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex and communication channels of all types of ownership. The provision for the operation of the fuel and energy complex and the technical protection and rehabilitation of objects of the fuel and energy complex during a special period shall be the responsibility of the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex. In addition, it shall be specified that direct management of enterprises, institutions and organizations of the fuel and energy complex during a special period shall be carried out by their heads and local bodies of executive power within the limits of their powers. The responsibility for the failure of enterprises, institutions and organizations of the fuel and energy complex to fulfill mobilization objectives during a special period shall be born by their heads. Article 12 of the present Law shall establish that, in the process of preparing the fuel and energy complex for the operation during a special period and at the time of its operation during such a period, the central body of executive power in the area of providing for the implementation of government policy in the fuel and energy complex shall cooperate with other central and local bodies of executive power, headquarters of operational commands, and military commissariats by way of joint development of planned organizational and methods documents and measures related to the provision for stable operation of enterprises, institutions and organizations of the fuel and energy complex during a special period, material and technical support, as well as the adoption of the relevant regulations and pieces of legislation.

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On the Ratification of Amendments to the Montreal Protocol on Substances that Deplete the Ozone [...] Verkhovna Rada of Ukraine; Law from 18.10.2006 № 255-V http://zakon4.rada.gov.ua/laws/anot/en/255-16

The Law of Ukraine

“On the Ratification of Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer”

Date of entry into force:

November 19, 2006

The present Law shall ratify Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Protocol) adopted in Montreal on September 17, 1997, (hereinafter referred to as the Montreal Amendment) and adopted in Beijing on December 3, 1999 (hereinafter referred to as the Beijing Amendment). The Montreal Protocol on Substances that Deplete the Ozone Layer was adopted in Montreal on September 16, 1987, and came into force, including for Ukraine, on January 1, 1989 (hereinafter referred to as the Protocol). Article 1 of the Montreal Amendment shall provide for supplementing Article 4 of the Protocol with new paragraphs. According to these new paragraphs, within one year after the date of entry into force of these paragraphs, each Party to the Protocol shall ban the import and the export of the controlled substance included in Annex E to the Protocol from any State or to any State that is not party to the present Protocol. The Montreal Amendment shall envisage that where, after the phase-out date applicable to a Party for a particular controlled substance, such a Party is unable, despite having taken all practicable steps to comply with its obligation under the present Protocol, to cease production of that controlled substance for types of domestic consumption, other than for uses agreed by the Parties to the present Protocol to be essential, such a Party shall ban the export of used, recycled and reclaimed quantities of that controlled substance, other than for the purpose of destruction. According to the Montreal Amendment, each Party to the present Protocol shall, by January 1, 2000, or within three months after the date of entry into force of this provision for such a Party, whichever is the later, establish and implement a system for licensing the import and export of new, used, recycled, and reclaimed controlled substances listed in Annexes A, B, C, and E to the present Protocol. At that, it shall be envisaged that any Party to the present Protocol which shall decide that it is not in a position to establish and implement a system for licensing the import and export of controlled substances listed in Annexes C and E of the present Protocol, may delay taking those actions until January 1, 2005, and January 1, 2002, respectively. Each Party to the present Protocol shall, within three months after the date of introducing its licensing system, submit to the Secretariat the information on the establishment and the operation of that system. The Secretariat of the Vienna Convention for the Protection of the Ozone Layer shall periodically prepare and circulate to all Parties to the present Protocol a list of the Parties to the present Protocol that have submitted thereto the information on their licensing systems and shall forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties to the present Protocol.

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Article 2 of the Montreal Amendment shall establish that no State or regional economic integration organization may deposit an instrument of ratification, acceptance, approval of, or accession to the present Amendment, unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Fourth Meeting of the Parties to the present Protocol in Copenhagen on November 25, 1992. According to Article 3 of the Montreal Amendment, the present Amendment shall enter into force on January 1, 1999, provided that at least twenty instruments of ratification, acceptance, approval of, or accession to the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol. In the event that this condition has not been fulfilled by that date, the Montreal Amendment shall enter into force on the ninetieth day following the date on which this condition has been fulfilled. Article 1 of the Beijing Amendment shall establish that each Party to the present Protocol producing one or more of controlled substances shall ensure that for the twelve-month period commencing on January 1, 2004, and in each subsequent twelve-month period thereafter, its calculated level of production of the controlled substances included in Group I of Annex C shall not exceed, annually, the average of:

- the sum of its calculated level of consumption in 1989 of the controlled substances included in Group I of Annex C to the present Protocol and two point eight percent (2.8%) of its calculated level of consumption in 1989 of the controlled substances included in Group I of Annex A to the present Protocol; and

- the sum of its calculated level of production in 1989 of the controlled substances included in Group I of Annex A to the present Protocol; and

- the sum of its calculated level of production in 1989 of the controlled substances included in Group I of Annex C to the present Protocol and two point eight percent (2.8%) of its calculated level of production in 1989 of the controlled substances included in Group I of Annex A to the present Protocol.

However, in order to satisfy the basic domestic needs of the Parties to the present Protocol, their calculated level of production may not exceed that limit by up to fifteen percent (15%) of their calculated level of production of the controlled substances included in Group I of Annex C to the present Protocol as defined above. The Beijing Amendment shall establish that each Party to the present Protocol shall ensure that for the twelve-month period commencing on January 1, 2002, and in each subsequent twelve-month period thereafter, its calculated level of consumption and production of the controlled substance included in Group III of Annex C shall not exceed zero. It shall be specified that this paragraph shall apply, save to the extent that the Parties to the present Protocol decide to permit the level of production or consumption that is necessary to satisfy the uses agreed by them to be essential. In addition, the Beijing Amendment shall envisage that, starting from January 1, 2004, each Party to the present Protocol shall ban the import and export of the controlled substances included in Group I of Annex C to the present Protocol from any State or to any State that is not party to the present Protocol. It shall be stipulated that each Party to the present Protocol shall provide to the Secretariat of the Vienna Convention for the Protection of the Ozone Layer statistical data on the annual amount of consumption of the controlled substance listed in Annex E that is used for quarantine and pre-shipment applications.

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According to the Beijing Amendment, no State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of, or accession to the present Amendment, unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Ninth Meeting of the Parties to the present Protocol in Montreal on September 17, 1997. It shall be specified that the Beijing Amendment shall enter into force on January 1, 2001, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Beijing Amendment shall enter into force on the ninetieth day following the date on which this condition has been fulfilled.

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On State Regulation of Activity in the Sphere of Transfer of Technologies Verkhovna Rada of Ukraine; Law from 14.09.2006 № 143-V http://zakon4.rada.gov.ua/laws/anot/en/143-16

Law of Ukraine

„On State Regulation of Activity in the Sphere of Transfer of Technologies”

Date of entry into force: October 6, 2006

The article 10 of the Law, which determines the peculiarities of transfer of technologies to enterprises, institutions, organizations of Ukraine, the article 12 of the Law ”State Inspection of Technologies”, article 13 ”State Registration of the Agreement on Transfer of Technologies” and article 19 ”Royalties to the Authors of Technologies and Persons performing their transfer” enters into force six month after this Law enters into force. The article 20 of the Law ”Using the Funds obtained as a result of transfer of technologies developed or acquired using the funds of the State Budget of Ukraine” and article 22 of the Law that regulates subsidizing of transfer of technologies enter into force January 1, 2007. The law determines legal, economic, organizational and financial grounds of state regulation of the activity in the sphere of transfer of technologies. The Law also aims at ensuring efficient use of scientific and technical and intellectual potential of Ukraine. According to the Law, transfer of technologies is conveyance of technologies fulfilled through conclusion of a bilateral or multilateral agreement between natural persons and/or legal entities that establishes, changes or terminates property rights and obligations concerning a technology and/or their constituents. The norms of the Law determine the following subjects of transfer of technologies:

- Central body of executive power in the sphere of education and science (hereinafter referred to as the authorized body) and also other central and local bodies of executive power, local self-government bodies that participate in acquisition, conveyance and/or using of technologies;

- The National Academy of Sciences of Ukraine and specialized (branch) academies of sciences, scientific institutions, educational institutions, healthcare institutions and other institutions, where technologies are developed and/or used and which own the property rights for the technologies;

- Scientific production associations, enterprises, institutions and organizations regardless of the type of ownership, where technologies are developed and/or used;

- Natural persons participating in development, transfer and introduction of technologies, providing information, financial and other services at all stages of promotion of technologies and their constituents to the market;

- Legal entities and natural persons that supply constituents of technologies used at application of technologies proposed for transfer;

- Legal entities and natural persons that provide technical services in connection with application of technologies;

- Technological brokers.

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The Law determines authorities of the subjects of state regulation of the activity in the sphere of transfer of technologies. The main task of the authorized body is ensuring implementation of the state policy in the sphere of transfer of technologies. The authorized body participates in formation and implementation of the state policy in the sphere of acquisition and conveyance of the rights to technologies and/or their constituents developed using the funds of the general fund of the State Budget of Ukraine; promotes development of domestic technologies and production of competitive domestic products. Central bodies of executive power submit to the Cabinet of Ministers of Ukraine their proposals to the drafts of state programs of technological upgrading of the branches of industry in connection with acquisition or conveyance of rights to technologies and/or their constituents. The law stipulates that the authorized body and other executive power of central bodies can set up subdivisions on transfer of technologies, innovational activity and intellectual property. According to the Law, ensuring development of the national industrial and scientific and technical potential, its efficient use for solution of the tasks of socio-economic development of the country and ensuring technological production of domestic products with a view on the world experience are the main objectives of the state regulation of activity in the sphere of transfer of technologies. The Law envisages performance of state inspection of technologies. The objective of state inspection is determination of economic advisability and benefit for the state and society of introduction of technologies and equipment taking into account possible ecological and socio-economic consequences from their use. Based on the results of state inspection of technologies or technologies and equipment, the decision is made on state registration of agreements on their transfer or rejection of registration. The decision on registration is the ground for entering the agreements on transfer of technologies to the state register. The essential conditions of an agreement on transfer of technology include:

- The list of constituents of technologies that are being transferred (determining their functional properties and guaranteed indicators);

- Price of technologies or payment for their use; - Terms, place and method of conveyance of technologies; - Conditions of transfer of technical knowledge, required for assembly, use and maintenance

of equipment, acquisition or tenancy, assembly and use of machines, equipment, spare parts and materials;

- License and its conditions for using technologies and their constituents; - Territorial limitations; - Limitation of the sphere of application of technologies and their constituents; - Procedure of issuing sub-licenses for constituents of technologies to third parties; - Conditions of conveyance of the rights for know-how, technical economic substantiation,

plans, instructions, specifications, sketches and other informational materials about technologies and their constituents, required for efficient use, including limitations due to conditions of preserving confidentiality of information about technologies and their constituents in the course of their use;

- Conditions of work on improvement of technologies and their constituents and procedure of provision of information on such improvements by the parties;

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- Conditions of provision of consultations and services on designing, assistance and training

of the staff that ensures realization of technologies and management personnel of the entity that they rights to technologies and its constituents are transferred;

- Size, procedure and conditions of payment of royalties for using technologies and also type; - Conditions of insurance of technologies and their constituents; - Responsibilities of the parties for violation of the conditions of the agreement; - Procedure of settlement of disputable issues concerning fulfillment of conditions of the

agreement; - Procedure of compensation of expenses in connection with transfer of technologies; - Conditions on which agreement must be achieved by statement of at least of Party; - Limitations that concern activity of the parties in case of end of the term of validity of the

agreement; its termination or force majeure circumstances. Transfer of technologies can be performed through conclusion of the following agreements:

- On supply of industrial technology; - Technical industrial cooperation; - On provision of technical services; - Engineering – on performance of work and provision of services; - On setting up joint ventures; - On leasing and tenancy constituents of technologies, equipment; - On commercial concession (franchising)

According to the Law, an enterprise, institution, organization, which were transferred property rights to technologies or their constituent shall pay royalties to the authors of technologies at least once a year and not later than one month after the end of a budget year and in case of issuance of a license for using patented constituents of technologies to other entities within one month upon receiving license payments. The size, terms and procedure of payment of royalties to the authors of technologies, provided there is no agreement with them, and persons that perform their transfer shall be determined by collective agreement. Collective agreements are concluded in organizations that are developers of technologies and their constituents. The Cabinet of Ministers of Ukraine sets the minimum rates of royalties to the authors of technologies and entities that perform their transfer. Enterprises that belong to the sphere of management of central executive power bodies, National and specialized academies of sciences that will produce the products for state orders can be provided with state guarantees of repayment of loans of commercial banks issued for acquisition of technologies and their constituents.

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On the State Program of Elimination of the Chornobyl Catastrophe Consequences for 2006 – 2010 Verkhovna Rada of Ukraine; Law, Program from 14.03.2006 № 3522-IV http://zakon4.rada.gov.ua/laws/anot/en/3522-15

The Law of Ukraine On the State Program of Elimination of the Chornobyl Catastrophe Consequences for

2006 – 2010

Date of Entry into Force: January 1, 2007

The Law approves the State Program of Elimination of the Chornobyl Catastrophe Consequences for 2006-2010, hereinafter Program. Pursuant to the provisions of the Program measures shall be implemented regarding:

- further social, medical and psychological rehabilitation of the population and its antiradiation protection;

- principal completion of economic revival of inhabited localities and territories beyond exclusion zone that underwent radioactive contamination, as well as places of compact residence of resettled population;

- provision of preservation of cultural and historical heritage of the resettled population. Basic tasks of the Program are as follows:

- preservation of health of the persons suffered from the Chornobyl catastrophe. With this purpose long-term and one-year programs for complex medical and sanitary provision of the persons suffered from the Chornobyl catastroph will be developed;

- strengthening and support of radiation security barriers, antiradiation protection of population that resides on the contaminated territories, limitation of radioactive nuclide spreading from the exclusion zone. Basic direction of antiradiation protection of the population residing on the contaminated territory is conducting optimized antiradiation measures in the agroindustrial production and forestry. Works in the exclusion zone occupy a special place in the system of measures aimed at the elimination of the Chornoby catastrophe consequences due to the fact that the majority of radioactive stuff from the ruined reactor and radioactive waste remained on its territory.

A component part of the Program is implementation of the Plan of measures on the object ‘Shelter’ (Ukryttya) as regards to which agreement between the ‘Big Seven’ countries and Ukraine was reached. Implementation of this Plan is financed according to the Framework Agreement between Ukraine and the European Bank for Reconstruction and Development regarding the activity of the Chornobyl Fund ‘Shelter’ (Ukryttya) ratified by the Law of Ukraine №80/98-VR of February 4, 1998. Information regarding amount of radiation dose and its dynamics shall be published in the official printed mass media. The settlements that belong to all zones of radioactive contamination will be subject to dosimeter certification. Social protection of the persons suffered from the Chornobyl catastrophe, economic rehabilitation of the contaminated territories and transfer them to the category of pure ones.

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Basic tasks of this direction are as follows:

- ensuring social protection of the persons suffered from the Chornobyl catastrophe; - creation conditions for economic rehabilitation and development of the contaminated

territories; - development and implementation of measures regarding rehabilitation of the contaminated

inhabited localities with respective budget financing; - other.

The Program determines basic groups of the citizens who require priority social protection, in particular:

- disabled people; - children; - sick people; - liquidators; - population residing on the contaminated territories; - evacuees or persons resettled from the above territories.

The amounts of expenditures from the State Budget of Ukraine for the fulfillment of priority tasks of the Program for 2006-2010 are enlisted in the Annex to this Program. Annual expenditures for the envisaged by the Program measures are corrected by the Cabinet of Ministers of Ukraine according to the Law of Ukraine on the State Budget of Ukraine for the respective year and the priorities of the Program. Implementation of the Program will guarantee holding urgent measures aimed at the preservation of health of the persons suffered from the Chornobyl catastrophe, timely and full treatment of the suffered, their social and radiation protection.

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On Chemical Sources of Current Verkhovna Rada of Ukraine; Law from 23.02.2006 № 3503-IV http://zakon4.rada.gov.ua/laws/anot/en/3503-15

The Law of Ukraine

“On Chemical Sources of Current”

Date of entry into force: July 1, 2006

The present Law shall identify legal, organizational and economic principles in the area of treatment with chemical sources of current and shall aim at significantly improving the environmental situation in Ukraine at the expense of reducing the impact of waste chemical sources of current by way of recycling waste chemical sources of current. According to the present Law (Article 1), chemical sources of current shall be the sources of electric energy that is generated by way of transforming chemical energy into electric energy, which shall consist of one or several non-rechargeable primary cells or rechargeable secondary cells (accumulators), including cells integrated into articles of industrial or household significance. The government support for developing the production of chemical sources of current and creating the conditions for recycling waste chemical sources of current shall be provided according to the general state, sectoral, regional, and local programs at the expense of the State Budget and local budgets in accordance with the procedure established by the legislation. At the time of preparing the draft State Budget, the Cabinet of Ministers of Ukraine shall, according to the general state and sectoral programs, allocate the relevant financial resources for financing measures to develop the production of chemical sources of current, as well as specialized productions and specialized enterprises for recycling waste chemical sources of current. According to regional, and local programs, bodies of executive power and bodies of local government shall allocate financial resources in draft local budgets for financing measures to develop the production of chemical sources of current, contribute to the set-up and the development of specialized productions and specialized enterprises for recycling waste chemical sources of current and to the recycling of waste chemical sources of current. Article 6 of the present Law shall envisage that public administration in the area of chemical sources of current shall provide for:

- developing, agreeing, adopting, and fulfilling the general state, sectoral, regional, and local programs for the development of chemical sources of current;

- contributing to the implementation of investment programs for developing productions of domestic chemical sources of current, specialized productions and specialized enterprises for recycling waste chemical sources of current;

- developing and adopting regulatory and legislative documents, government norms, rules, and standards for the production of chemical sources of current, their utilization, storage, and the recycling of waste chemical sources of current by bodies of executive power within the limits of their competence.

State regulation in the area of chemical sources of current shall be carried out, in particular, by way of:

- implementing the general state, sectoral, regional, and local programs for the development of domestic chemical sources of current;

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- licensing activities related to the production of chemical sources of current, import of

chemical sources of current, storage and recycling of waste chemical sources of current according to the legislation;

- supervising and overseeing the adherence by sellers, buyers and consumers to the requirements of technical documentation related to storage and utilization of chemical sources of current and the transfer of waste chemical sources of current for recycling.

The activity of subjects of entrepreneurial activity related to the production of chemical sources of current, import of chemical sources of current, storage and recycling of waste chemical sources of current shall be carried out on the basis of licenses that shall be issued according to the procedure established by the Law of Ukraine No. 1775-ІІІ “On Licensing Certain Types of Economic Activity” of June 1, 2000. Organizational, qualification and technological requirements to the production and import of chemical sources of current, as well as storage and recycling of waste chemical sources of current shall be envisaged in licensing terms and conditions that shall be approved by the relevant central bodies of executive power. According to Article 10 of the present Law, financing in the area of chemical sources of current shall be provided both at the expense of financial resources envisaged by the general state, sectoral and regional programs for the development of chemical sources of current and at the expense of financial resources of subjects of the relations in the area of chemical sources of current, voluntary contributions, and other financial resources that are not prohibited by the legislation. The support for scientific and technical development of chemical sources of current, popularization and the institution of scientific and technical achievements in the area of chemical sources of current shall be provided by scientific, as well as research and development institutions of state and other forms of ownership. At the time of developing chemical sources of current, technological processes for their production and recycling of waste chemical sources of current, scientific and also research and development institutions shall provide for the environmental safety of the production of chemical sources of current and the recycling of waste chemical sources of current. According to Article 14 of the present Law, chemical sources of current shall be manufactured by producers that are owners or lessees of production capacities and also have technologies for the production of chemical sources of current at their disposal and have obtained a license for carrying out activities related to the production of chemical sources of current according to the law. Project documentation for the construction and re-construction (re-equipment, expansion and technical re-equipment) of enterprises for the production of chemical sources of current shall be subject to expert examination and agreement with the relevant bodies of state oversight and supervision according to the procedure established by the legislation. The production of chemical sources of current and their introduction into circulation shall be carried out by producers with the adherence to the requirements of government and sectoral standards, technical terms and conditions, environmental requirements, and provisions of the present Law. For the purpose of ensuring the quality of chemical sources of current and the environmental safety of technological production processes for the environment, producers shall ensure the carrying out of technical oversight at all stages of production. The quality of raw materials, component parts and technological production processes shall be overseen by the laboratory of the relevant producer or the laboratory involved on a contractual basis that shall be accredited according to the procedure established by the law. The producer shall place the information about the contents of dangerous substances and their compounds, the requirements to the utilization of chemical sources of current and the requirements to the treatment with dangerous waste chemical sources of current on jars of chemical sources of current and/or in the accompanying technical and maintenance documentation for chemical sources of current.

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State oversight of and supervision over the quality of chemical sources of current and the support for the environmental safety of technological production processes shall be carried out by central and local bodies of executive power in the area of industrial policy, in the area of standardization, metrology and certification, and in the area of the environmental protection according to the procedure established by the law. Legal entities and private individuals (subjects of entrepreneurial activity) that use chemical sources of current shall, in particular:

- ensure the utilization of chemical sources of current with the adherence to the requirements of the accompanying technical or maintenance documentation and information placed on jars of chemical sources of current;

- carry out tracking and accounting of purchases and the utilization of chemical sources of current, the volumes of accumulation of waste chemical sources of current and the transfer thereof for recycling;

- ensure the storage of waste chemical sources of current in specially designated places. The environmental pecuniary deposit shall be paid to a special account of the State Budget as a guarantee that the consumer will fulfill their obligation to deliver waste chemical sources of current for recycling to a specialized production or a specialized enterprise for the recycling of waste chemical sources of current or to their receiving points. The obligation to pay the environmental pecuniary deposit shall be placed on legal entities and private individuals that are subjects of entrepreneurial activity and that use in their activities chemical sources of current with the capacity of 7 ampere-hours and higher. The rate of the environmental pecuniary deposit shall constitute five percent of the price of the relevant chemical source of current identified without due consideration for value-added tax. The calculation of the amount of the environmental pecuniary deposit shall be carried out on a quarterly basis with respect to chemical sources of current that were put into operation and/or that were purchased during the previous quarter. The calculation of the environmental pecuniary deposit shall be carried out from the date of putting chemical sources of current into operation, but not later than three months from the date of purchasing chemical sources of current. The calculated environmental pecuniary deposit shall be paid not later than the 20th day of the month following the relevant quarter. The terms and conditions for recycling waste chemical sources of current shall be set forth in Article 20 of the present Law. Oversight in the area of chemical sources of current shall be carried out:

- by central and local bodies of executive power and bodies of local government – with respect to the implementation of the general state, sectoral and regional programs in the area of chemical sources of current;

- by central bodies of executive power – with respect to the implementation of government policy in the area of chemical sources of current, the licensing of activities in the area of chemical sources of current, the coordination of activities of subjects of the relations in the area of chemical sources of current that shall be subordinated thereto or that shall belong to the their area of administration;

- by central and local bodies of executive power in the area of standardization, metrology and certification – with respect to the adherence to the requirements of government standards for technological production processes and the support for the quality of chemical sources of current and the recycling of waste chemical sources of current;

- by central and local bodies of executive power in the area of the environmental protection – with respect to the support for the environmental safety of the production of chemical sources of current and the recycling of waste chemical sources of current, tracking and accounting of the volumes of accumulation of waste chemical sources of current and the transfer thereof for recycling.

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On Approving the State Program for the Development of the Ukrainian Mineral and Resource Base for the [...] Verkhovna Rada of Ukraine; Law, Program from 22.02.2006 № 3458-IV http://zakon4.rada.gov.ua/laws/anot/en/3458-15

The Law of Ukraine

On Approving the State Program for the Development of the Ukrainian Mineral and Resource Base for the Period until 2010

Date of entry into force:

January 1, 2007 The present Law approved the State Program for the Development of the Ukrainian Mineral and Resource Base for the Period until 2010 (hereinafter referred to as the Program). The goal of the Program shall be to develop a strategy and a plan of action aimed at reducing Ukraine’s dependence on imports of mineral resources that are critical for the national economy and reinforcing the country’s export potential with the help of domestic minerals that enjoy significant demand on the global market. The Program was developed for the period until 2010 and shall be implemented in two stages: 2006–2008 and 2008–2010. During the first stage of the Program, based on forming and implementing annual plans of Ukraine’s social and economic development, it shall be envisaged to implement a set of organizational, legal, scientific, and technical measures aimed at resolving the problems of supplying mining enterprises with mineral resources, as well as to create a favorable environment for attracting domestic and foreign investment into financing geological prospecting of the bowels. At the second stage, it shall be envisaged to carry out radical technical re-equipment of enterprises working in the geological sector for their successful and effective operation in the environment of a market economy. The expected results of implementing the present Program shall be:

- opened and prospected new deposits of fuel and energy resources; - improved mineral and resource base of the existing mining enterprises in Ukraine for the

purpose of raising the economic efficiency and environmental safety of their productions, and improved quality and competitive ability of finished products;

- creation of the national production of urgently needed types of mineral resources that are imported from other countries;

- development of the national mineral and resource base of the most important and strategic types of minerals: gold and other precious metals, scandium, lithium, rare grounds and others, and so on.

It shall be envisaged that the general financing for the implementation of this Program shall amount to UAH 8,908.94 million, including:

- UAH 3,406.84 million from the State Budget; - UAH 5,502.1 million from other sources of financing; - including UAH 1,871.04 million and UAH 2,684.70 million respectively during the first

stage of the implementation of this Program.

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It shall be envisaged to provide budget expenditures to finance the implementation of the Program at the expense of the special fund of the State Budget of Ukraine, whose source of formation is a fee for geological prospecting works fulfilled at the expense of the State Budget, and the general fund of the State Budget of Ukraine, whose funds are allocated to carry out geological prospecting works and measures. Control over the implementation of this Program shall be the responsibility of a specially authorized central body of executive power in the area of geological prospecting and utilization of the bowels that shall submit annual reports on the implementation of measures and steps of the present Program to the Cabinet of Ministers of Ukraine. Upon recommendations of a specially authorized central body of executive power in the area of geological prospecting and utilization of the bowels, the Cabinet of Ministers of Ukraine shall make amendments to steps and measures envisaged by the Program, as well as to their financing, as well the Cabinet of Ministers of Ukraine shall annually inform the Verkhovna Rada of Ukraine about the implementation of the present Program.

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On Amendments to the Forest Code of Ukraine Verkhovna Rada of Ukraine; Law from 08.02.2006 № 3404-IV http://zakon4.rada.gov.ua/laws/anot/en/3404-15

Law of Ukraine

„On Amendments to the Forest Code of Ukraine”

Date of entry into force: March 29, 2006

The law introduces amendments to the Forest Code of Ukraine presenting in a new edition. According to the Law, a forest is a type of natural complexes that combine mainly tree and bush vegetation with corresponding ground, grass vegetation, animal world, microorganisms and other natural components that are mutually connected in their development, influence each other and the natural environment. Forests of Ukraine shall be the country’s national wealth. The law establishes that forest relations are social relations concerning ownership, use and management of forests and aimed at ensuring protection, reproduction and stable use of forest resources taking into consideration environmental, economic, social and other interests of the society. Forest estate of Ukraine and separate forest lands shall be the object of forest relations. State bodies, local-self government bodies, legal entities and citizens acting in accordance with the Constitution and laws of Ukraine shall be the subjects of forest relations. The law attributes forest lands, including defense lands of line type with the area of at least 0.1 ha to the forest estate of Ukraine. The law determines that forests that are located within the territory of Ukraine are objects of ownership right of the Ukrainian people. The state, territorial communities, citizens and legal entities are subjects of the ownership right to forests. All forests of Ukraine, with the exception of forests that are in municipal or private ownership shall be owned by the state. The forests within the boundaries of populated areas, except for the forests owned by the state or privately owned, shall be owned municipally. Forests of Ukraine can be privately owned. Citizens and legal entities of Ukraine shall be the subjects of the private ownership right for forests. The law stipulates that use of forests is performed in accordance with the procedure of permanent or temporary use of forests. According to the Law, the forests are granted into permanent use on the basis of decisions of executive power bodies or local self-government bodies. All forests in state, municipal or private ownership can be the object of temporary use. Temporary use can be: long-term – for the term from one to fifty years and short term – for the term of up to one year.

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The reasons for terminating the right for permanent use of forests include:

- Termination of the right to use a forest land plot in cases and in accordance with the procedure established by the law;

- Use of land resources using methods that inflict damage on the natural environment; - Using forests not by their target purpose.

The norms of the law establish the notion of forest servitude. Forest servitude is the right for limited or free of charge use of somebody else’s forest plot. The law determines the procedure of state regulation and management in the sphere of forest relations. The key tasks of the state regulation and management in the sphere of forest relations include ensuring effective guarding, proper protection, rational use and reproduction of forests. The norms of the law determine organization of forestry. Organization of forestry has the aim of ensuring performance of forestry on the basis of stable development taking into account natural and economic conditions, assigned purpose, forest growing conditions, breed constitution of forests and also functions that they carry out. Organization of forestry envisages the following:

- Development and approval of normative and legal acts on forestry in accordance with the procedure established by the law;

- Division of forests into categories depending on main functions they carry out; defining particularly defense forest plots;

- Establishing of the age of ripeness of the tree trunks, norms of using forest resources; - Performing forest regulation; - Keeping state forest cadastre, accounting of forests; - Keeping monitoring of forests; - Performance of forest certification; - Performance of other organizational and technical measures in accordance with the main

requirements for forestry determined by the legislation. As for the normative and legal acts on keeping forestry, according to the Law, they establish the procedure and requirements for the system of measures on protection, use and reproduction of forests, complex of qualitative and quantitative indicators, parameters that ensure regulation of activity in this sphere. According to the Law, forests of Ukraine by their environmental and socio-economic significance and depending on the main functions they carry out are divided into the following categories:

- Protection forests (carry out mainly water protection, ground protection and other protection functions);

- Recreational forests (carry out mainly recreational, sanitation, hygienic functions); - Forests of nature protection, scientific and historical-cultural purpose (carry out special

nature protection, esthetic, scientific functions, etc.); - Exploitation forests.

Organization of forestry also envisages forest regulation. Forest regulation includes a complex of measures aimed at ensuring effective organization and scientific substantiation of keeping forestry, protection, rational use, improvement of environmental and resource potential of forests, culture of keeping forestry, receiving authentic and full information about the forest estate of Ukraine.

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Forest regulation is mandatory throughout the territory of Ukraine and shall be kept by state forest regulation organizations based on a single system. The law establishes the objective and procedure for keeping state forest cadastre. State forest cadastre on the territory of Ukraine is kept with the objective of effective organization of forest protection, rational use of forest estate of Ukraine, reproduction of forests, performance of systematic control of the qualitative and quantitative changes of forests. The State forest cadastre includes:

- Accounting of qualitative and quantitative condition of the forest estate of Ukraine; - Division of forests into categories depending on the main functions they carry out; - Financial evaluation of forests (when necessary); - Other indicators.

The law determines the procedure of keeping forestry. Keeping forestry lies in performance of a complex of measures on protection, rational use and expansion of reproduction of forests. Use of forest resources can be used in accordance with the procedure of general and special use. In accordance with the procedure of general use, citizens shall have the right to collect wild growing plants, flowers, berries, nuts, mushrooms, etc. without permission in state and municipal forests and in privately owned forests with a permission of the owner. In accordance with the procedure of special use, the following types of use of forest resources can be performed:

- Stocking of wood in accordance with the procedure of tree felling of main use; - Stocking of secondary forest materials; - Secondary forest use; - Use of useful properties of forests for cultural, recreational, sports, tourism and educations

purposes, needs of game husbandries, performance of research and development works. Special use of forest resources, with the exception of placement of bee yards, is to be paid for. Special use of forest resources is performed on forest plots allocated for this purpose without allocation of land plots. Special use of land resources on an allocated forest plot is performed by a special permission (tree felling ticket, order, forest ticket). The norms of the law establish possibility of secondary forest use. The secondary use of forests include: stocking of hay, grazing of cattle, placement of bee yards, stocking of wild growing fruits, nuts, mushrooms, berries, medicinal herbs, gathering of forest spreading, stocking of cane. Secondary use of forests shall be performed without inflicting damage on the forest. The law stipulates possibility of reproduction of forests. Reproduction of forests is performed with the objective:

- Achievement of the optimal amount of forests through creation in maximum short terms new forests by most economically and environmentally advisable methods and technologies;

- Improvement of water protection, ground protection, sanitary and hygienic and other useful properties of forests and protection forests;

- Improvement of the quality of forests, improvement of their productivity and biological stability.

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Reproduction of forests is performed through their revival and forest planting. The volumes of works concerning reproduction of forests and forest planting are determined based on the materials of forest regulation or special study taking into account factual changes in forest estate of Ukraine and conditions of lands that are subject to forestation. Reproduction of forests is performed on forest plots that were covered with forest vegetation (felled trees, fire site, etc.). Forest planting is performed on land intended for forest planting, not covered with forest vegetation, primarily low-productive and unsuitable for use in agriculture (ravines, hollows, sands, etc), on agricultural lands allocated for creation of field protection forest lines and other protection planting. The norms of the Law envisage the procedure of organization of protection of forests. Organization of protection of forests envisages a complex of measures aimed at preserving forests from fire, illegal felling, damaging, weakening and other harmful influence, protection from pests and diseases. Ensuring protection of forests shall be placed with forestry executive power bodies and local self-government bodies, forest owners and permanent users in accordance with this Code. Protection of forests on the territory of Ukraine is performed by:

- State forest protection; - Forest protection (guard) of permanent forest users and forest owners.

The law envisages state and public control over protection, use and reproduction of forests. The tasks of control over protection, use and reproduction of forests include:

- Ensuring realization of the state policy in the sphere of protection, use and reproduction of forests;

- Ensuring observance of the forest legislation by state bodies, local self-government bodies, enterprises, institutions, organizations and citizens;

- Ensuring observance of the forest legislation by owners of forests, permanent and temporary users of forests;

- Preventing violations of legislation in the sphere of protection, use and reproduction of forests, timely detection of such violations and taking corresponding measures to eliminate them.

Expenses for improvement of productiveness, improvement of qualitative composition of forests, their reproduction are financed from:

- State budget and own funds of companies, institutions and organizations in forestry – in respect to state-owned forests;

- Local budget and own funds of companies, institutions and organizations in forestry – in respect to municipally owned forests;

- Own funds of forest owners – in respect to privately owned forests. According to the Law, disputes on protection, use and reproduction of forests shall be settled in accordance with the procedure by local self-government bodies, executive power bodies on the issues of forestry and on environment protection bodies, and by courts. The disputes on ownership, use and management of forests owned by citizens and legal entities shall be settled only through court.

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Violation of forest legislation shall result into disciplinary, administrative, legal or criminal responsibility in accordance with the law. The law also introduces amendments to the Land Code of Ukraine and establishes that change of assigned purpose of lands taken by forests shall be performed taking into account conclusions of executive power bodies on issues of environment protection and forestry. Upon decision of executive power bodies or local self-government bodies, the land plots of agricultural purpose shall be transferred into permanent use to specialized state or municipal forestry, other state and municipal enterprises, institutions and organizations, which have created special departments for keeping forestry.

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Major Fundamentals of the State Agrarian Policy for the period until 2015 Verkhovna Rada of Ukraine; Law from 18.10.2005 № 2982-IV http://zakon4.rada.gov.ua/laws/anot/en/2982-15

Law of Ukraine

„On Major Fundamentals of the State Agrarian Policy for the period until 2015”

Date of entry into force: November 16, 2005

The major fundamentals of the state agrarian policy are aimed at ensuring stable development of the agrarian sector of the national economy for the period until 2015, consistency and complexity of the measures on implementation of the state agrarian policy by all state bodies and local self-government bodies. The state agrarian policy is based on the national priorities taking into account necessity of Ukraine’s integration to the European Union and the world economy. The major fundamentals of the state agrarian policy spread on farming and fishing industry, food industry and agricultural products processing (hereinafter referred to as the agrarian sector), agrarian science and education, social sphere and their material and technical and financial provision. The key priorities of the state agrarian policy include:

- Ensuring profit on advance capital in agricultural production using the system of state organizational-legal measures, including the cost of land resources not lower than the average level in the economy of the country;

- Reinforcement of the social protection of the rural population, setting salaries and pension provision of the agriculture on the level not lower than the average in the economy of the country;

- Development and introduction of state and regional programs of the comprehensive development of agrarian territories, improvement of the state support of business development with the objective of solving employment issues of the rural population;

- State support of development of competitive agricultural production on the basis of cooperation and integration;

- Introduction of contemporary mechanisms and methods of formation of a transparent market of agricultural products, food products, capital, in particular production resources and labor force;

- State support of training, retraining and improvement of qualification of specialists; performance of scientific research for the agrarian sector;

- Creation of conditions for settlement in the rural areas of qualified specialists of agriculture, education, culture, healthcare and consumer services;

- Improvement of the system of state governance, effective combination of national and regional policy in the agrarian sector.

The law determines the ways of realization of the main priorities of the state agrarian policy, which include: 1. Development of land relations Development of land relations will be performed through expanding and improving the normative legal basis, formation of corresponding institutional grounds and improvement of the state support of the land reform.

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The main ways of development of the land relations include:

- Full personification of the owners and users of land plots of agricultural purpose; - Creation of a state system of registration of ownership rights to the land plots and real estate

located on them; - Improvement of the method of land valuation, taking into account the cost of agricultural

land at balancing of the inter-branch relations; - Formation of the land market infrastructure; - Creation of the system of land mortgage lending; - Introduction and financial provision of national programs of using and protection of lands,

in particular decrease of tilled lands, system of protection of land from water and wind erosion, revival and improvement of yield of soil, agrarian and forest melioration and land melioration, re-cultivation of damaged lands, standardization and regulation in the sphere of land protection;

- Including projects on organization of territories of newly created land property and land use to business plans of corresponding agricultural enterprises;

- Introduction of effective system of protection of soil yield and system of soil monitoring, performance of comprehensive agrochemical certification of agricultural lands.

2. Formation of favorable economic environment for effective activity of the entities of the agrarian sector The main directions of improvement of the effectiveness of the activity of the entities in the agrarian sector include:

- Improvement of the management level in organization of economic activity of the companies in agrarian sector, improvement of the state program of training, re-training and improvement of qualification of the labor force, improvement of state support for creation and functioning of the state system of agricultural advisory and market of consultation services;

- Facilitating introduction of resource-saving, safe and environmentally friendly technologies of production of agricultural products and food products;

- Development of the system of state support of agricultural production taking into account the requirements of the World Trade Organization and international obligations of Ukraine concerning the agrarian sector, in particular introduction of mechanisms of state support of risk insurance in agriculture, creation and functioning of agricultural servicing cooperatives, development of long-term lending of innovational projects, creation of the system of mortgage lending of agricultural manufacturers;

- Improvement of tax policy in the agrarian sector with the objective of optimization of tax load and reinforcement of stimulating function of taxes;

- Development of financial-credit mechanisms, in particular those that foresee improvement of partial compensation of loan rates in case of considerable increase of the discount rates, formation of the fund of credit support of agricultural manufacturers and guarantees of loan repayment; introduction of budget financing on conditions of priority of own funds, creation of proper market financial infrastructure;

- Re-equipment of the material and technical base of agricultural enterprises through improvement of long-term lending, partial compensation of the cost of complex agricultural machinery through the State Budget of Ukraine, system of financial leasing, support of development of the infrastructure of material and technical provision;

- Development and implementation of the program on development of diesel biological fuel production for the period until 2010;

- Reinforcement of state support for fighting pests and diseases of plants and animals, introduction of reliable systems of their prevention;

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- State stimulation of the structural reconstruction of the agricultural production, spheres of

food industry and processing of agricultural products. 3. The state policy concerning development of the agricultural products market and food market The state policy concerning development of the agricultural products market and food market aims at ensuring solvent demand of the population on food products, demands of the enterprises in food industry and agricultural products processing in raw materials, creation of conditions for effective protection of the domestic market and promotion of agricultural products and food products on the foreign market. The main directions of solving the issue of formation of the agricultural products market and the food market include:

- Improvement of legal and organizational and economic grounds of ensuring operation of the players of such markets taking into account Ukraine’s integration to the European Union and the world economic space;

- Stimulating development of spot and forward market on the basis of developed exchange infrastructure, improvement of the systems of regulation of commodity exchange market;

- Creation of the state system of price monitoring, analysis of the situation and forecasts of the markets, distribution of this information among its players;

- Reinforcement of protection of consumer rights through improvement of the state control of quality and safety of food products, harmonization of the national standards with international ones, in particular the standards of the European Union;

- Implementation of the national programs on development of the infrastructure of the agrarian market and corresponding regional programs.

4. Improvement of the system of state regulation, effective combination of the national and regional policy in the agrarian sector The main directions of improvement of the state regulation in the agrarian sector include:

- Reforming of the system of executive power bodies that perform state regulation of the agrarian sector through revision and clear division of their authorities and introduction of direct subordination starting from the county level, harmonization of it with the standards of the European Union;

- Development and introduction of regional programs of agrarian sector development taking into account the provisions of the national programs;

- Directing the activity of the executive power bodies towards reinforcement of the strategic analysis, forecasting and monitoring, inspection and controlling functions.

5. Comprehensive development of agrarian territories, improvement of social protection and living standards of residents of rural areas The main directions of the comprehensive development of agrarian territories, improvement of social protection and living standards of residents of rural areas include:

- Approximation and equalizing conditions of living of urban and rural population, formation of comprehensive system of enterprises, institutions and organizations that will provide services to the rural population;

- Facilitating increase of employment level of the rural population through providing state support to development of enterprises; creation of conditions for preserving and development of small, remote and decaying rural populated areas;

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- Facilitating increase of the level of income of rural population, improvement of the

mandatory pension insurance of the employees in agriculture. - Stimulating settlement in the rural areas of specialists of agriculture, education, culture,

healthcare and consumer services. 6. Realization of the state agrarian policy in the period until 2015 and criteria of its assessment Realization of the provisions of the state agrarian policy shall be done through improvement of the normative and legal base, creation of corresponding infrastructure and institutions, ensuring measures on its realization through financing from the State Budget of Ukraine and local budgets, coordination with international agreements of Ukraine, which were ratified by the Verkhovna Rada of Ukraine. Realization of the state agrarian policy is done on the basis of consistency, consecution and by stages. Criteria of assessment of realization of the state agrarian policy include ensuring:

- By 2007 – employment of able-bodied rural resident at the level not lower than average in the country and by 2015 – average in the European Union countries;

- By 2007 – consumption of food products per capita on the level of the set of products in accordance with the Law of Ukraine “On Subsistence Level” and by 2015 – on the level of approximate set of main food products on average per capita in Ukraine;

- By 2015 – improvement of the level of incomes of rural population and average wages of people employed in agriculture to the level not lower than average in other spheres of the economy of the country.

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On the Procedure for Making Decisions on Locating, Designing and Building Nuclear Facilities and Objects [...] Verkhovna Rada of Ukraine; Law from 08.09.2005 № 2861-IV http://zakon4.rada.gov.ua/laws/anot/en/2861-15

The Law of Ukraine

On the Procedure for Making Decisions on Locating, Designing and Building Nuclear Facilities and Objects Designed for Treating

Radio-Active Waste That Are of National Significance

Date of entry into force: October 11, 2005

The Law establishes general legal principles for making decisions on locating, designing and building nuclear facilities and objects designed for treating radio-active waste that are of national significance. Nuclear facilities and objects designed for treating radio-active waste that are of national significance shall include:

- nuclear power plants; - nuclear heating plants; - nuclear research reactors; - objects for processing radio-active waste (except for facilities that are included into the

technological cycle of a nuclear facility or a storage facility for radio-active waste disposal); - storage facilities designed for storing spent nuclear fuel or highly radio-active waste with

project period of storage exceeding 30 years (except for facilities that are included into the technological cycle of a nuclear facility);

- storage facilities designed for disposal of spent nuclear fuel or radio-active waste. The present Law specifies the requirements to the contents of a draft law on locating, designing or building a nuclear facility or an object designed for treating radio-active waste that are of national significance. These mandatory requirements shall include the following:

- the place of a specific site where it is planned to locate such a facility or an object; - for nuclear facility (except for storage facilities designed for storage and disposal of nuclear

fuel) – the number of reactors, their types and general description; - for storage facilities designed for storage and disposal of nuclear fuel – marginal indicators

for volume, general description of fuel, the period of storage and general description of storage technologies;

- for objects designed for treating radio-active waste – general description of radio-active waste and technologies for treating it, marginal volumes of radio-active waste, and the period of storage).

A draft law on locating, designing and building a nuclear facility or an object designed for treating radio-active waste that are of national significance shall be supplemented with:

- feasibility study for setting up such a nuclear facility or an object designed for treating radio-active waste and for choosing the proposed site for their location;

- conclusion of the state environmental impact assessment; - the results of an advisory referendum carried out with respect to locating such a nuclear

facility or an object designed for treating radio-active waste in the region where the possibility of locating such a facility or an object is considered;

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- the report on measures for informing neighboring countries about the possible influence in

the transborder context according to the law. Decisions on extending the period of operation for the existing nuclear facilities and objects designed for treating radio-active waste that require amendments to the legislation shall be made according to the same procedure as decisions on building nuclear facilities and objects designed for treating radio-active waste that are of national significance. It shall be mandatory for a member of the Government who is responsible for implementing government policy in the relevant area to report on a draft law on locating, designing and building a nuclear facility or an object designed for treating radio-active waste that are of national significance at a plenary session of the Verkhovna Rada of Ukraine.

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On Measures Aimed at Ensuring Sustainable Operation of Enterprises of Fuel and Energy Complex Verkhovna Rada of Ukraine; Law from 23.06.2005 № 2711-IV http://zakon4.rada.gov.ua/laws/anot/en/2711-15

The Law of Ukraine

On Measures Aimed at Ensuring Sustainable Operation of Enterprises of Fuel and Energy Complex

Date of entry into force:

July 26, 2005 The Law specifies a set of organizational and economic measures aimed at ensuring sustainable operation of enterprises of fuel and energy complex. The goal of the present Law shall be to contribute to improving financial standing of enterprises of fuel and energy complex, preventing their bankruptcy and raising their investment attractiveness by regulating procedural issues and introducing mechanisms for clearing off debts, providing business entities with the right to apply these mechanisms, identifying the procedure for cooperation between government bodies, bodies of local self-government, managers of budget funds, and business entities with respect to applying mechanisms for repaying debts. The Law regulates relations that deal with carrying out a set of measures aimed at ensuring sustainable operation of enterprises of fuel and energy complex. The present Law shall apply to enterprises of fuel and energy complex, as well as to other participants in settlements that have to pay debts or that are recipients of debts which are the result of incomplete settlements for energy resources. To participate in the procedure for repaying debts by applying mechanisms specified by the present Law, the management body of an enterprise of fuel and energy complex shall make the relevant decision. An enterprise of fuel and energy complex that has made a decision to participate in the procedure for repaying debts shall be subject to registration by including this enterprise into the Register. The procedure for keeping and using data of this Register shall be determined by the Cabinet of Ministers of Ukraine. To be included into the Register, an enterprise of fuel and energy complex shall submit confirming documents to the settlement center within one month from the date when the present Article has come into force, including:

- a copy of the decision of the management body of an enterprise to participate in the procedure for repaying debts;

- a copy of the certificate on the inclusion into the Unified State Register of Enterprises and Organizations of Ukraine;

- a copy of constituent documents; - a copy of the certificate from the statistics department on registering the relevant subject of

entrepreneurial activity in statistics bodies; - copies of available licenses and so on.

In the case when all the needed confirming documents have been submitted, the settlement center shall not have the right to deny an enterprise of fuel and energy complex inclusion into the list that shall be submitted to the Ministry of Fuel and Energy of Ukraine for approval.

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Enterprises included into the Register shall submit reporting to the Ministry of Fuel and Energy of Ukraine. The responsibility for authenticity of submitted reporting shall be born by the head of the relevant enterprise. The validity period of the procedure for repaying debts by enterprises of fuel and energy complex shall not exceed nine months from the date when the Ministry of Fuel and Energy of Ukraine issued an order on approving the list of enterprises of fuel and energy complex that shall participate in the procedure for repaying debts. Inclusion of an enterprise of fuel and energy complex into the Register shall be ground for a commercial court to return the application on launching proceedings in the case of bankruptcy without consideration. During the period when an enterprise of fuel and energy complex participates in the procedure for repaying debts, it shall be mandatory to suspend executive proceedings and measures of compulsory fulfillment of decisions related to the relevant enterprise that shall be implemented according to the procedure established by the Law of Ukraine “On executive proceedings”. To achieve the goal of the present Law, as well as to coordinate actions of participants in settlements that are enterprises of fuel and energy complex, a settlement center shall be created as part of the wholesale supplier of electric energy, the state-owned enterprise EnergoRynok for the validity period of the procedure for repaying debts in the process of confirming and repaying debts. According to its objectives, this settlement center shall:

- keep the Register and issue documents that confirm participation of enterprises of fuel and energy complex in the procedure for repaying debts;

- coordinate actions of participants in settlements in the process of repaying debts; - analyze and search for possible favorable mechanisms for repaying debts for participants in

settlements; - be responsible for preserving information obtained from participants in settlements in the

process of fulfilling the present Law and so on. One of the conditions for applying each mechanism for repaying debts established by the present Law shall be confirmation by participants in settlements of amounts of debts in the part that is expected to be repaid under conditions specified by the present Law. In the process of confirming debts, participants in settlements shall independently, according to the procedure established by the Cabinet of Ministers of Ukraine and based on the relevant documents, establish and specify amounts of accounts payable and accounts receivable that are subject to repayment. Upon the results of establishing and specifying amounts of accounts payable and accounts receivable, an act on the availability and the size of debts to be repaid by way of applying mechanisms specified by the present Law shall be drawn up. The procedure for confirming debts in the process of applying various mechanisms for repaying debts under conditions specified by the present Law shall be established by the Cabinet of Ministers of Ukraine. If there are equal amounts of debts within the limits of debts that were confirmed according to the established procedure, it shall be allowed to carry out mutual offsets between:

- consumers of electric energy and energy suppliers, energy supplies and the wholesale supplier of electric energy, the wholesale supplier of electric energy and producers of electric energy, producers of electric energy and business entities that are creditors of producers of electric energy, enterprises of fuel and energy complex and budgets of all levels along with government targeted funds, budgets of all levels and business entities;

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- consumers of products manufactured mining enterprises and mining enterprises, mining

enterprises and budgets of all levels along with government targeted funds, creditors of mining enterprises, business entities, and so on.

Mutual offsets shall be carried out by way of consistent fulfillment of obligations by participants in settlements on the basis of the relevant agreements and in the instance of available equal amounts of debts within the limits of debts registered at the date of settlement that were confirmed in the process of identifying such amounts. Bodies of the State Tax Service shall not have the right to refuse to conclude a contract upon applications of participants in settlements in order to carry out mutual offsets under conditions specified by the present Law. To repay the amounts of debts that are part of the debts, including debts on paying a fine, penal and financial sanctions, between enterprises of fuel and energy complex that were included into the Register and other business entities, it shall be possible, after the confirmation of their debt, to apply a mechanism for repaying the full amount of debts by way of its partial payment to the creditor at the price of goods (works, services) that shall be established by the parties on the basis of concluding the relevant contract. For taxpayers who repay debts by way of their partial payment, the amount of such debts shall not be included into total costs of creditors and into gross revenues of debtors. The value of a contract shall be determined proceeding from the regular price for goods (works, services) at the moment when the relevant obligation arises. For the purposes of this Article, the regular price for goods (works, services) shall be understood and applied according to the rules specified by the Law of Ukraine “On Corporate Profit Tax”. Under conditions specified by the present Law, it shall be allowed to write off debts:

- of business entities – participants in settlements; - of enterprises of fuel and energy complex that were included into the Register; - for electric energy of the wholesale supplier of electric energy and producers of electric

energy in the amount of the difference between the amounts of accounts receivable and accounts payable of the wholesale supplier of electric energy that shall be determined upon agreement with creditors of the wholesale supplier of electric energy and approved by the Interdepartmental Commission for the Repayment of Debts of Enterprises of Fuel and Energy Complex and so on.

State-owned and municipal enterprises, as well as business associations where the share of the state constitutes more than 50% of their statutory funds that are categorized as enterprises of fuel and energy complex and were included into the Register shall be allowed, without additional agreements with government bodies authorized to manage the above-mentioned enterprises, to re-structure accounts payable and/or accounts receivable by their mutual agreement for the period up to ten years from the date of concluding the relevant contracts on restructuring debts with deferment of debt repayment up to two years of the validity period of such contracts and with repayment of debts within the next years in equal parts on a monthly basis. Business entities of other types of ownership shall be allowed, by their mutual agreement, to re-structure accounts payable and/or accounts receivable. Re-structured debts shall not be subject to indexing and no fine, penal and other financial sanctions shall be calculated for such re-structured debts, except for instances when the contract for re-structuring debts concluded according to the present Law has been terminated.

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On Heat Supply Verkhovna Rada of Ukraine; Law from 02.06.2005 № 2633-IV http://zakon4.rada.gov.ua/laws/anot/en/2633-15

Law of Ukraine

On Heat Supply

Date of entry into force: July 6, 2005

The law determines main legal, economic and organizational basis of activity at the facilities of heat supply sphere and regulates relations connected with production, transportation, supply and use of heat energy with the objective of improvement of heat energy market and protection of rights of consumers and workers of the sphere of heat supply. Design, construction, reconstruction, repairs and maintenance of objects of heat supply, production, supply of heat energy are regulated by normative legal acts, which are mandatory for fulfillment by all subjects of relations in the sphere of heat supply. State support in the sphere of heat supply is provided in accordance with the volumes of funds stipulated by the law on State Budget of Ukraine and local budgets for the corresponding year. State policy in the sphere of heat supply is based on the following principles:

- ensuring energy safety of the country; - state management and regulation in the sphere of heat supply; - state support and stimulation in the sphere of heat supply; - formation of price and tariff policy, etc.

The key directions of development of heat supply systems include:

- planning of heat supply, development and realization of schemes of heat supply to cities and other inhabited localities of Ukraine;

- introduction of co-generating installations, including on the basis of operating heat boiler-houses;

- using non-traditional and renewable sources of energy, including energy of sun, wind, bio-gas, geothermal water, production waste;

- reduction of expenses for transportation of heat energy in mainline and distribution heat networks; etc.

Subjects of entrepreneurial activity – monopolists on the heat energy market, who cannot stop their activity or reduce the volumes of its supply with the objective of creating shortage of heat supply unless necessity of such limitation is established by the legislation of Ukraine. Economic activity on production, transportation and supply of heat energy is subject to licensing. Tariffs for heat energy must ensure compensation of all economically substantiated expenses for production, transportation and supply of heat energy. Tariffs for heat energy, sale of which is done to business entities, which have monopoly situation on the market, are regulated. A tariff to heat energy for a consumer is determined as a sum of tariffs for production, transportation and supply of heat energy. Tariffs must include full prime cost of heat energy and ensure the profitability level not lower that the profitability level set by the Cabinet of Ministers of Ukraine upon submission of the central executive power body in the sphere of heat supply.

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Business entities in the sphere of heat supply must comply with conditions of the legislation on environment protection and be responsible for its violation and also take technical and organizational measures aimed at reducing harmful effect on the environment. Change of the type of ownership or transfer of the ownership right to corresponding facilities on production, supply and transportation of heat energy, which is done in accordance with the procedure stipulated by the laws of Ukraine, must not lead to deterioration of conditions and quality of heat supply to consumers. Strikes on the facilities in the sphere of heat supply are prohibited in cases, when they can lead to disrupting stability of heat supply to the consumers during the heat period. The following penalty sanctions can be applied to legal entities:

- for failing to provide information to state bodies stipulated by the law or provision of deliberately inadequate information – in the amount of 500 minimum personal tax-free income;

- for violation of license conditions or activity with overdue license – up to 2,000 minimum personal tax-free income;

- for unsubstantiated use of tariffs for productions of heat energy or setting payment for heat energy factually supplied to consumer (buyer) too high – in the amount up to 300 non-taxed minimum incomes of citizens;

- other penalty sanctions. The amounts of penalties, charged by the state oversight bodies andNational Electricity Regulation Commission of Ukraine are transferred to the State Budget of Ukraine. The decision of a head or deputy head of an authorized body on setting a penalty shall be registered by a resolution. Subject of entrepreneurial activity shall pay the penalty within 15-day term upon the date of receiving the resolution on penalty. In case of non-payment of the penalty on time, it shall be charged through court. The decision on setting a penalty due to violation, stipulated by this law, can be contested in court.

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On Combined production of heating and electric energy (co-generation) and usage of residual / waste [...] Verkhovna Rada of Ukraine; Law from 05.04.2005 № 2509-IV http://zakon4.rada.gov.ua/laws/anot/en/2509-15

Law of Ukraine

On Combined production of heating and electric energy (co-generation) and usage of residual / waste energy potential

Date of entry into force:

May 11, 2005

The Law defines legislative, economic and organizations bases of activity of parties in the sphere of energy saving as to the usage of co-generational units, regulates relations connected with the peculiarities of production, transmission and supplies of electric and heating energy from co-generational units. According to the Law the combined production of electric and heating energy (co-generation) – is a way of simultaneous production of electric and heating energy within one technological process as a result of firing. Co-generational unit – is a complex of equipment, which works according to the principle of combined production of electric and heating energy or transforms residual / waste energy potential of technologic processes into electric and heating energy. Article 4 of the Law envisages peculiarities of usage and exploitation of co-generational units. Usage of co-generational units has peculiarities stipulated by such factors as:

- Consuming traditional organic fuel or consuming residual / waste energy potential from technologic processes;

- Possibility of usage of additional fuel; - Possibility of electric energy release from co-generational unit to the local electric networks

or its consuming for the own needs of an object at which co-generation unit is used; - Variety of energy objects, on the basis of which co-generational units are constructed; - Availability of substantially different demands to correlation of electric and heating energy

volumes, produced by a co-generational unit. Exploitation of co-generational units is to be done under such circumstances as:

- Support of a needed balance of power and quality of electric energy, produced by co-generational units for providing the reliable functioning of an energy system;

- Prevention of illegal interference into the work of an emergency automation system. When constructing co-generational units, including the cases of construction on the basis of operating energy objects in industry or communal heating supply, within attraction of finances of an investor, such investor may acquire rights of an owner (co-owner) of a co-generational unit on grounds, defined by an investment agreement (Article 7 of the Law). Authorized persons of an owner (co-owner), an investor of a co-generational unit receive the right for access to the territory, premises and equipment (machinery) of energy objects for construction and technical service of a co-generational unit on the grounds, defined by an investment agreement.

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State regulation in the sphere of co-generational units usage is made via:

- Holding qualification of co-generational units; - Licensing of economical activity on combined production of heating and electric energy; - Fixing tariffs for electric and heating energy, which are produced by co-generational units; - Giving permission for construction or installing co-generational units on the basis of the

already existing energy objects; - Supervisions and control over the safe fulfillment of works during construction or

reconstruction of co-generational units. Owners of co-generational units have full access to local electric networks and sales of produced electric energy to separate consumers under the agreements, including the right to supply electric energy to a consumer in the hours of the highest or average loading in electric network (peak and super-peak day hours) simultaneously (additionally) with the main supplier of electric energy, despite the fixed electric capacity. Co-generational units, which supply parts or whole volumes of produced electric energy to consumers, except for the needs of their own consuming, may be acknowledged as qualified ones, if they correspond to the qualification indices of one of the two such conditions as: 1) Waste energy potential of technological processes is used as a main fuel; production of heating energy is not compulsory for such units. If additional fuel is used, the effectiveness of additional fuel usage should not be less than 42% during one year and every next 12 months since the date of setting into operation of such unit. In case additional fuel firing is used for supporting the planned electric capacity of a co-generational units at temporary reduction of heat power of a waste energy potential as to its value, envisaged in a technical project of a co-generational unit, the volume of expenditure of additional fuel should be approved by the central body of executive power in energy saving sphere; 2) Traditional organic fuel is used as the main fuel, at the same time the volume of supplied heating energy should be not less than 10% from the total production of electric and heating energy during one year and every next 12 months since the day of its setting into operation; the volume of the supplied electric and heating energy comparing to the main and additional fuel during the specified term should not be less than 42%. Qualification of co-generational units is done by the central body of executive power in the sphere of energy saving in the order approved by the Cabinet of Ministers of Ukraine. The term of qualification is one year. Qualification of a co-generational units, which is set into operation for the first time, is made according to the project data and results of testing of a co-generational unit on exploitative regimes. Qualification of a co-generational unit for every next year after the end of term of its previous qualification is made according to the real indices of exploitation of a co-generational unit during the previous 12 months. Technical terms for connection of co-generational units to electric and / or heating networks are given by their owner in order envisaged by normative acts, not later than 15 days after receiving the corresponding request. Connection is made according to the agreement on connection. Technical terms are its inseparable addendum. In case technical terms envisage holding reconstruction or modernization of distributive electric networks or technological equipment of an owner of an electric network, related with connection of a co-generational unit, an owner of a co-generational unit has right to ask the National Commission of Power Industry Regulation of Ukraine to give expert conclusion on technical validity of technical demands for connection, scope of works.

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National Commission of Power Industry Regulation of Ukraine sets the rules of connection of co-generational units to electric network. In case technical terms envisage holding reconstruction or modernization of heating networks or technological equipment of an owner of a heating network, related to the connection of a co-generational unit, an owner of a co-generational unit has right to ask the central body of executive power in the sphere of heating supply to give an expert conclusion as to technical basis of technical terms for connections, volume of works. An owner of a heating network is obliged to connect a co-generation unit to his heating network in the order defined by the normative acts, under the condition of fulfillment of the agreement for connection and after approval of a technical commission act on readiness of a co-generational unit for its setting into operation. The rules of connection of co-generational units to heating networks are settled by the central body of executive power in the sphere of heating supply. The state supervision in the sphere of usage of co-generational units are made by the central body of executive power in the sphere of energy saving and other bodies of executive power in corresponding sphere of activity authorized by the Cabinet of Ministers of Ukraine.

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On the National State Program called “Potable Water of Ukraine” for 2006–2020 Verkhovna Rada of Ukraine; Law, Program, Passport [...] from 03.03.2005 № 2455-IV http://zakon4.rada.gov.ua/laws/anot/en/2455-15

The Law of Ukraine

On the National State Program called “Potable Water of Ukraine” for 2006–2020

Date of entry into force: April 13, 2005

The present Law shall approve the National State Program called “Potable Water of Ukraine” for 2006–2020 (hereinafter referred to as the Program). The Program shall aim at implementing government policy for providing the population with quality potable water according to the Law of Ukraine “On Potable Water and Potable Water Supply”. For many regions of the country, supplying the population of Ukraine with potable water is one of priority problems. Solution to this problem shall be needed to preserve public health, improve the environment for activity and raise living standards for the population. The goal of this Program shall be to improve the provision of the Ukrainian population with potable water of standard quality within the limits of scientifically justified standards (norms) for potable water supply, to reform and develop water supply and sewage network, to raise the effectiveness and reliability of its operation, to improve the state of public health and to enhance social and environmental situation in Ukraine based on these improvements, to recover, protect and rationally use sources of potable water supply. The Program shall be implemented along the following main directions:

- protection and rational use of sources of potable water supply; - regulatory, legislative, scientific, and technical support with due consideration for standards,

technologies, equipment, and methods accepted in the European Union; - development and reconstruction of water supply and sewage systems and so on.

Implementation of this Program requires regulatory, legislative, scientific, and technical support and fulfillment of the Main Objectives for Central and Local Bodies of Executive Power and Bodies of Local Self-Government concerning the implementation of the National State Program Called “Potable Water of Ukraine” for 2006–2020 by central and local bodies of executive power and bodies of local self-government. The Program has been designed for 15 years and shall be implemented in three stages. During the first stage (2006–2010), it shall be envisaged to implement measures related to economizing potable water and reducing energy intensiveness of potable water production, to create favorable conditions for attracting investment resources for the purpose of technical re-equipment of potable water supply and sewage systems, to improve the state and ensure adherence to regimes of sanitary protection zones and water protection zones of sources of potable water supply, and so on. During the second stage (2011–2015), it shall be envisaged to expand the volumes of works to enhance, reconstruct and build potable water supply and sewage systems of municipalities and rural settlements, as well as to protect and improve the state of water objects – sources of potable water supply, to implement measures aimed at raising the effectiveness and reliability of operation of potable water supply and sewage systems that shall ensure gradual improvement of the quality of potable water, including by way of expanding the volumes of using underground waters, and so on.

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During the third stage (2016–2020), it shall be envisaged to complete the most capital-intensive measures what shall make it possible to radically improve the provision of the Ukrainian population with quality potable water. For the purpose of contributing to the development of the system of environmental education, upbringing, information for the population, training professionals and forming environmental awareness and culture among specialists of enterprises dealing with potable water supply and sewage, and for effective fulfillment of priority directions to implement the Program, it shall be envisaged to re-train and advance professional development of specialists in the area of managing water supply and sewage networks, to train and advance professional development of specialists of controlling and measuring laboratories, to involve community organizations in participating in measures specified by the present Program, and so on. Implementation of the Program shall be organized in line with their powers:

- at the state level – by the central body of executive power in the area of the residential services sector and other central bodies of executive power;

- at the regional level – by the Council of Ministers of the Autonomous Republic of Crimea, oblast state administrations, Kyiv and Sevastopol City State Administrations;

- at the local level – by structural departments/officials of executive bodies of city, settlement and village councils.

Financing for the Program shall be provided:

- at the expense of funds of the State Budget of Ukraine; - at the expense of funds of local budgets; - at the expense of funds of enterprises dealing with potable water supply and sewage

according to their development programs approved by bodies of local self-government following the procedure established by the law;

- at the expense of other sources of financing, including domestic and international borrowings, grants provided by international organizations, funds of international programs, charity contributions, and so on;

- by improving the mechanism for distributing payments for special water consumption. Implementation of this Program, as well as implementation of regional and local programs shall be overseen by the central body of executive power in the area of the residential services sector, other central bodies of executive power, the Interdepartmental Commission for Implementing the Program, the Council of Ministers of the Autonomous Republic of Crimea, oblast state administrations, Kyiv and Sevastopol Municipal State Administrations within the limits of their powers identified by the law. Implementation of the Program shall make it possible:

- to ensure implementation of government policy in the area of potable water and potable water supply;

- to improve sanitary and epidemiological situation concerning the provision with potable water and the reduction of disease incidence among the population based on these improvements;

- to protect and rationally use source of potable water supply and to gradually enhance them; - to introduce modern technologies, materials, reagents, equipment, and so on at enterprises

dealing with potable water supply; - to upgrade the infrastructure of enterprises dealing with potable water supply and so on.

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An integral part of this Program shall be the following Appendices:

- Appendix 1 “Main Objectives for Central and Local Bodies of Executive Power and Bodies of Local Self-Government concerning the implementation of the National State Program Called “Potable Water of Ukraine” for 2006–2020”;

- Appendix 2 “Approximate Volume of Financial Support for the National State Program Called “Potable Water of Ukraine” for 2006–2020” from the State Budget of Ukraine”.

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On Ecological Network of Ukraine Verkhovna Rada of Ukraine; Law from 24.06.2004 № 1864-IV http://zakon4.rada.gov.ua/laws/anot/en/1864-15

The Law of Ukraine

On Ecological Network of Ukraine

Date of Entry into force January 1, 2005

The present Law regulates relations connected with forming, saving and efficient, non-exhausting use of ecological network. Pursuant to the Law, ecological network is a unified territorial system created with the purpose of improvement of conditions for forming and renewal of environment, increase of natural resource potential of Ukrainian territory, saving landscape and biological diversity, places of settlement and growth of valuable kinds of flora and fauna, genetic fund, ways of migration of animals through joining territories and objects of nature reserve fund, as well as other territories which are especially valuable for environmental protection and in accordance with laws and international obligations of Ukraine are subject to special protection. Pursuant to the Law, the structural components of ecological network are:

- territories and objects of nature reserve fund; - lands of water fund, water and marsh grounds, water protective zones; - lands of forestry fund; - forest shelter belts and other protective plants; - health-improving lands; - recreational lands; - territories which are the places of stay or growth of types of flora and fauna recorded in the

Red Book of Ukraine, etc. Inclusion of territories and objects into the list of territories and objects of ecological network does not cause change of ownership form and category of lands of respective land plots and other natural resources, their owner or user. State management in the sphere of forming, saving and use of ecological network is performed by:

- the Cabinet of Ministers of Ukraine; - the Council of Ministers of the Autonomous Republic of Crimea; - a specially authorized central body of executive power and its territorial bodies on

environmental protection, ecological safety, reserves and hydrometereological activity; - other central bodies of executive power; - local bodies of executive power; - bodies of local self-government.

Chapter III of the Law determines the means which ensure forming, saving and efficient use of ecological network. Measures related to forming, saving, and non-exhaustive use of ecological network may be financed from the State Budget of Ukraine, local budgets, funds of enterprises, institutions and organizations, other sources which are not prohibited by law. The Law also sets the procedure for planning ecological network.

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On Ecological Audit Verkhovna Rada of Ukraine; Law from 24.06.2004 № 1862-IV http://zakon4.rada.gov.ua/laws/anot/en/1862-15

The Law of Ukraine

On Ecological Audit

Date of Entry into Force: July 23, 2004

This Law defines basic legal and organizational grounds of ecological audit and is aimed at increase of ecological grounding and efficient activity of business entities. Ecological audit is a documentary registered system independent process of evaluation of object of ecological audit, which includes collection and objective evaluation of proofs for establishment of conformity of determined types of activity, measures, conditions, systems of environment management and information on these questions with requirements of the legislation of Ukraine on environmental protection and other criteria of ecological audit. The objects of ecological audit are:

- enterprises, institutions and organizations, their branches and representations or associations, separate manufactures, other economic objects;

- systems of environment management; - other objects.

The subjects of ecological audit are:

- customers (interested central and local bodies of executive power, bodies of local self-government other legal entities, as well as natural persons);

- agents (legal entity or natural person (ecological auditor) qualified for conducting of ecological audit).

Pursuant to the Law, conclusion of the ecological audit is a professional evaluation of the subject of ecological audit conducted by ecological auditor, which is based on proofs of ecological audit and is a major component of the report on ecological audit. Conclusion of the ecological audit is an official document certified by signature and seal of ecological auditor. Ecological audit is performed in the process of state property privatization, other change of ownership form, change of particular owners of objects, as well as for needs of ecological insurance. Ecological audit in Ukraine may be:

- voluntary (carried out as regards to any objects of ecological audit on order of the subject concerned with consent of the head or owner of the object of ecological audit);

- obligatory (carried out on order of interested bodies of executive power or bodies of local self-government as regards to objects or types of activity, which make increased ecological danger in cases of bankruptcy, privatization, transfer in concession of objects of state and communal ownership, transfer in long-term lease of objects of state or communal ownership, termination of production-sharing agreements, etc.).

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Ecological audit is divided into:

- internal (conducted on order of the owner of object for personal needs); - external (conducted on order of other subjects concerned).

Pursuant to Article 14 of the Law, ecological auditor may be the person who has the respective higher education, work experience in the sphere of environmental protection or adjoining spheres not less than four years successively and who has certificate to the right of conducting such activity. Certificate to the right of conducting ecological audit shall be issued by the specially authorized central body of executive power on environmental protection issues. It shall be valid for three years. Ecological audit may be carried out by legal entity which statute envisages this type of activity provided that there is at least one ecological auditor in its staff. Articles 15 and 16 of the Law set rights and duties of customer and agent of ecological audit. The Law prohibits influence on ecological auditor in order to force him/her change form and methods of work and conclusions of ecological audit. Ecological audit shall be conducted on the basis of agreement between the customer and the agent. The results of ecological audit shall be presented in the form of report on ecological audit. Article 20 of the Law sets the list of obligatory information in the report on ecological audit. Conducting of ecological audit shall be financed by its customer. Obligatory ecological audit may be financed from funds of the State Budget of Ukraine or local budgets. Article 26 of the Law sets responsibility for violation of the legislation on ecological audit.

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On the State Complex Program of Development of High Tech Technologies Verkhovna Rada of Ukraine; Law, Program from 09.04.2004 № 1676-IV http://zakon4.rada.gov.ua/laws/anot/en/1676-15

The Law of Ukraine

On the State Complex Program of Development of High Tech Technologies

Date of Entry into Force: May 5, 2004

The Law of Ukraine “On the State Complex Program of Development of High Tech Technologies” approves the State Complex Program of Development of High Tech Technologies (hereinafter refer to as “the Program”). The Program is aimed at implementation of the model of sustainable economic development of national enterprises by improving the structure of their fixed capital and intensive investment of high tech production. The purpose of the Program is ensuring favorable conditions for creation and development of high tech technologies and large-scale modernization of national economy on this basis. Basic tasks of the Program shall be implementation of projects for high tech technologies development and introduction of such technologies at enterprises of basic branches of industry according to the priority directions of innovation activity. It is envisaged to implement the Program by two stages:

- the first stage (2005-2008) - implementation of the most completed projects for high tech technologies development. The first stage of the Program requires UAH 8,755,000.5 for its implementation, including UAH 2,361,000.1 for scientific research and research design works;

- the second stage (2009 - 2013) - introduction at enterprises of high tech technologies developed by the results of implementation of the Program at the first stage. The second stage shall be financed depending on the results of the first stage.

The Program shall be financed from the State Budget and other sources of financing which are not prohibited by law. The Program shall be implemented by introduction of projects for high tech technologies development. The projects shall be chosen on competitive basis. Implementation of the Program will enable to:

- develop high tech technologies; - improve technical characteristics of national products, increase their competitiveness; - create efficient system of financing science, in particular, scientific technical projects which

successful introduction will promote innovation activity of enterprises that produce high tech products;

- change technological modes of the structure of industrial complex - increase in the period until 2013 volumes of V mode productions from 5 to 12 per cent, and volumes of IV mode productions - from 1 to 3 per cent;

- increase until 2013 the part of high tech produce in Ukraine's export to 20 per cent; - decrease energy intensity of gross domestic product.

The Program contains Annex which approximately estimates financing of its measures.

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On Ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change Verkhovna Rada of Ukraine; Law from 04.02.2004 № 1430-IV http://zakon4.rada.gov.ua/laws/anot/en/1430-15

The Law of Ukraine

On Ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change

Date of Entry into Force:

March 13, 2004 The Law envisages ratification of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, signed on behalf of Ukraine in New York on March 15, 1999. The Kyoto Protocol to the United Nations Framework Convention on Climate Change aims at quantified emission limitation and reduction, enhancement of energy efficiency in relevant sectors of the national economy, protection and enhancement of sinks and reservoirs of greenhouse gases not controlled by the Montreal Protocol taking into account its commitments under relevant international environmental agreements, promotion of efficient methods of forestry activity, afforestation and reforestation on stable basis, promotion of sustainable forms of agriculture in light of climate change considerations, research on, development and promotion of increased use and implementation of new and renewable forms of energy, of carbon dioxide sequestration technologies and of advance and innovative environmentally sound technologies, progressive reduction or phasing out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies that run counter to the objective of the Convention in all greenhouse gas emitting sectors and application of market instruments, encouragement of appropriate reforms in relevant sectors aimed at promoting policies and measures which limit or reduce emissions of greenhouse gasses not controlled by the Montreal Protocol, measures to limit and/or reduce emissions of greenhouse gasses not controlled by the Montreal Protocol in the transport sector, limitation and/or reduction of methane emissions through recovery and use in waste management as well as in the production, transport and distribution of energy. The Parties included in Annex I to the Protocol shall, individually or jointly, ensure that their aggregate anthropogenic carbon dioxide equivalent emissions of the greenhouse gasses listed in Annex A do not exceed their assigned amounts, calculated pursuant to their quantified emission limitation and reduction commitments inscribed in Annex B, and in compliance with the provisions of this Article with a view to reducing their overall emissions of such gasses by at least 5 per cent below 1990 levels in the commitment period 2008 to 2012. Each Party included in Annex I shall, by 2005, have made demonstrable progress in achieving its commitments under this Protocol. Each Party included in Annex I shall create not later than one year prior the start of the first commitment period a national system for the estimation of anthropogenic emissions by sources and removals by sinks of all greenhouse gasses not controlled by the Montreal Protocol. This Protocol defines a clean development mechanism. The Purpose of the clean development mechanism shall be to assist Parties not included in Annex I in achieving sustainable development and in contributing to the ultimate objective of the Convention, and to assist Parties included in Annex I in achieving compliance with their quantified emission limitation and reduction commitments under this Protocol.

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Under the clean development mechanism parties not included in Annex I will benefit from project activities resulting in certified emission reductions and Parties included in Annex I may use the certified emission reductions accruing from such project activities to contribute to compliance with part of their quantified emission limitation and reduction commitments as determined by the Conference of the Parties serving as the meeting of the Parties to this Protocol. No reservations may be made to this Protocol. Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. Any annexes adopted after the entry into force of this Protocol shall be restricted to lists, forms and any other material of a descriptive nature that is of a scientific, technical procedural or administrative character. Annex A enumerates greenhouse gasses, sectors/categories of sources of these gasses. Annex B enumerates the states and inscribed for them quantified commitments regarding emissions limitation and reduction in per cent to base year or period.

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On State Control over Use and Protections of Lands Verkhovna Rada of Ukraine; Law from 19.06.2003 № 963-IV http://zakon4.rada.gov.ua/laws/anot/en/963-15

The Law of Ukraine

On State Control over Use and Protections of Lands

Date of Entry into Force: July 23, 2003

The present Law defines the principles of state control over use and protection of lands. It is aimed at ensuring of efficient use and reproduction of natural resources and protection of environment. The Law defines that state control shall be conducted:

- over use and protection of lands - specially authorized body of executive power on land resources issues;

- over adherence to the legislation on lands protection - specially authorized body of executive power on ecology and natural resources issues.

Monitoring of soil fertility shall be conducted by the specially authorized body of executive power on agrarian policy issues. The Law sets authorities of the above bodies and authorities of state inspectors in the field of state control over use and protection of lands and adherence to the requirements of Ukrainian legislation on protection of lands. In particular, they are entitled to:

- examine freely land plots which are owned and used by legal entities and natural persons; - check documents regarding use and protection of lands; - give compulsory for fulfillment instructions on the issues related to use and protection of

lands; - photograph, make sound, film and video shooting as additional measure preventing

violations of land legislation of Ukraine. The source of financing and material technical provision of the specially authorized bodies of executive power in the field of state control over use and protection of lands shall be funds of the State Budget of Ukraine. The law also sets social and legal protection of officials of the specially authorized bodies of executive power in the field of state control over use and protection of lands.

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On Land Protection Verkhovna Rada of Ukraine; Law from 19.06.2003 № 962-IV http://zakon4.rada.gov.ua/laws/anot/en/962-15

The Law of Ukraine

On Land Protection

Date of Entry into Force: July 29, 2003

The Law defines legal, economic and social principles of land protection for ensuring their efficient use, reproduction and increase of soil fertility, other useful land properties, preservation of ecological functions of soil covering and environmental protection. Land protection is the system of legal, organizational, economic, technological and other measures aimed at efficient use of lands, prevention of groundless use of agricultural lands for non-agricultural needs, their protection from harmful anthropogenic influence. All lands within the territory of Ukraine shall be the object of special state protection. The Law contains the list of establishments which regulate land protection and inscribes their authorities. To such establishments refer: the Verkhovna Rada of Ukraine, the Supreme Council of the Autonomous Republic of Crimea, the Cabinet of Ministers of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, bodies of local self-government, local state administrations, as well as specially authorized central bodies of executive power. State control over land use and protection shall be performed by the central body of executive power on land resources, and over observation of requirements of legislation on land protection - by the central body of executive power on ecology and natural resources. Self-governing control over land use and protection shall be performed by village, settlement, city, district and oblast councils. Public control over land use and protection shall be performed by public inspectors appointed by the respective bodies of local self-government and acting on the basis of provision approved by the central body of executive power on land resources. The state economically stimulates measures regarding land use and protection, increase of soil fertility by land owners and land users. Money spent by land owners and land users for improvement of ecological condition of lands and increase of soil fertility shall be compensated from the State Budget of Ukraine and local budgets according to the state and regional programs for land protection. Standardization and regulation in the sphere of land protection consist in ensuring ecological and sanitary hygienic security of citizens by determining requirements to quality of soils, oil fertility, permissible anthropogenic loading and economic development of lands. In the sphere of land protection and restoration of soil fertility the following norms shall be set: 1. Maximum permissible pollution of soils:

- maximum permissible concentration of chemicals, residual pesticides and agrochemicals, heavy metals, etc.;

- maximum permissible radioactive contamination of soils;

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2. Quality of soils - define the level of pollution, optimum nutritive substances, physical chemical properties; 3. Optimum correlation of lands:

- optimum correlation of agricultural, natural reserve and other nature protection, health improvement, historical cultural, recreational lands, as well as lands of forestry and water funds;

- optimum correlation of plough land and perennial plants, hays, pastures and lands under forest shelter belts in agricultural landscapes;

4. Land and soil degradation indices are set for each category of lands in order to prevent worsening of their condition and are used for conducting control over land use and protection. The Law stipulates land protection during:

- performing economic activity on agricultural lands; - taking measures related to protection of soil fertility; - melioration; - use of sediments of sewage; - use of pesticides and agrochemicals; - management of forestry; - management of water economy; - use of water fund provided for fishery; - building and operation of engineering constructions; - performing activity which pollutes land plots; - use of new technical devices and technologies; - other.

Measures related to protection of land and soils shall be financed at the expense of the State Budget of Ukraine, local budgets, including funds allocated for reimbursement of losses of agriculture and forestry, from land fee, as well as funds of land owners and land users or other sources, which are not prohibited by law. At the expense of funds of land owners and land users shall be performed:

- organizational economic, organizational and technological anti-erosion measures on their land plots;

- measures aimed at land protection, saving and increase of soil fertility; - preparation works and drafts on land conservation; - measures related to restoration of eroded, degraded and disturbed by them lands and tightly

connected with them other natural resources and objects of environment, prevention to overgrowth of agricultural lands with weeds, bushes and low forest.

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On the Fundamentals of National Security of Ukraine Verkhovna Rada of Ukraine; Law from 19.06.2003 № 964-IV http://zakon4.rada.gov.ua/laws/anot/en/964-15

The Law of Ukraine

On the Fundamentals of National Security of Ukraine

Date of Entry into Force: July 22, 2003

The Law defines the fundamentals of state policy aimed at protection of national interests and guarantee in Ukraine of safety of an individual, society and state from external and internal threats in all spheres of vital activity. Pursuant to this Law, the President of Ukraine develops and approves the Strategy of National Security of Ukraine and Military Doctrine of Ukraine. These documents shall be obligatory for fulfillment. The objects of national security are:

- an individual and a citizen - their constitutional rights and freedoms; - the society - its spiritual, moral ethic, cultural, historical, intellectual and material values,

informational medium and environment, as well as natural resources; - the state - its constitutional order, sovereignty, territorial integrity and inviolability.

The priorities of Ukraine's national interests are as follows:

- guaranteeing of constitutional rights and freedoms of an individual and a citizen: - development of civil society, its democratic institutions; - protection of state sovereignty, territorial integrity and inviolability of the state borders, non-

admission of interference in the internal affairs of Ukraine; - strengthening of political and social stability in the society; - ensuring of development and functioning of the Ukrainian language as the state language in

all spheres of public life on the whole territory of Ukraine; - other.

The Law contains the list of types of threats to the national interests and national security of Ukraine and basic directions of state policy aimed at minimization of these negative factors in the spheres of:

- external policy; - state security; - military and security of the state border of Ukraine; - internal policy; - economy; - social and humanitarian areas; - science and technology; - ecology; - information.

Norms of the Law inscribe authorities and basic functions of the President of Ukraine, the Verkhovna Rada of Ukraine, the Council of National Security and Defense of Ukraine, the Cabinet of Ministers of Ukraine; the National Bank of Ukraine; the ministries, the Security Service of Ukraine; the local state administrations and bodies of local self-government aimed at ensuring of national security.

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Control over implementation of measures in the sphere of national security shall be performed respectively by the President of Ukraine, the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Council of National Security and Defense of Ukraine within the limits of their authorities inscribed by the Constitution and laws of Ukraine.

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On Land Management Verkhovna Rada of Ukraine; Law from 22.05.2003 № 858-IV http://zakon4.rada.gov.ua/laws/anot/en/858-15

The Law of Ukraine

On Land Management

Date of Entry into Force: July 8, 2003

The present Law determines legal and organizational grounds for activities in the field of land management. The Law aims at regulating relations which arise between bodies of state power, bodies of local self-government, legal entities and natural persons with respect to ensuring sustainable development of land management. Subjects of land management shall be:

- bodies of state power and bodies of local self-government; - legal entities and natural persons engaged in land management; - land owners and land users.

The objects of land management shall be:

- the territory of Ukraine; - territories of administrative and territorial formations or their parts; - territories of land ownership and land use or separate land plots.

The Law determines authorities in the field of land management of:

- the Verkhovna Rada of Ukraine; - the Cabinet of Ministers of Ukraine; - the Verkhovna Rada of the Autonomous Republic of Crimea; - the Council of Ministers of the Autonomous Republic of Crimea; - local state administrations; - central body of executive power in the field of land resources; - bodies of local self-government.

The Law establishes the list of cases, when it shall be imperative to perform land management on lands of all categories regardless of their form of ownership, in particular, in case of:

- establishing and changing borders of land management objects, including identifying and establishing Ukraine’s state border in kind (at site);

- allocating, withdrawing (buying out), and alienating land plots. The reasons for performing land management can be:

- a decision of bodies of executive power and of bodies of local self-government with respect to performing land management works;

- contracts between legal entities or natural persons (land owners and land users) and developers of land management documentation;

- court decisions.

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The Law envisages establishing the State Fund for Land Management Documentation. The Fund shall be formed on the basis of collecting, processing and tracking materials obtained as a result of performing land management. Legal entities and natural persons shall have the right to use materials included into this State Fund for Land Management Documentation. The Law also identifies the procedure for performing land management at the general state, regional and local levels. Scientific support for land management shall be provided by the National Academy of Sciences of Ukraine, the Ukrainian Academy of Agrarian Sciences, and a network of research and development institutions and educational facilities. The source for financing land management works shall be the State Budget of Ukraine, local budgets, funds of legal entities, citizens, and other sources, which are not prohibited by the law.

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On Alternative Energy Sources Verkhovna Rada of Ukraine; Law from 20.02.2003 № 555-IV http://zakon4.rada.gov.ua/laws/anot/en/555-15

The Law of Ukraine

On Alternative Energy Sources

Date of Entry into Force: 28 March, 2003

The Law of Ukraine “On Alternative Energy Sources” (hereinafter referred to as “the Law”) defines legal, economic, ecological and organizational principles of use of alternative energy sources and promotion of extension of their use in the fuel and energy complex. The basic principles of state policy in the field of alternative sources of energy are as follows:

- observation of safety for human health at the alternative energy objects at all production stages, as well as during transfer, transportation, supply, storage and consumption of the energy produced from the alternative sources;

- adherence to the legislation by all subjects of relations connected with production, storage, transportation, supply, transfer and consumption of the energy produced from the alternative sources;

- observation of the conditions of efficient consumption and economy of energy produced from the alternative sources, etc.

The Verkhovna Rada of Ukraine defines basic directions of the state policy in the field of alternative energy sources and performs legislative regulation of relations in it. The Cabinet of Ministers of Ukraine and other authorized bodies of executive power within the authorities defined by law implement the state policy in the field of alternative energy sources and manage it. The state regulation in the field of alternative energy sources is performed by the Cabinet of Ministers of Ukraine or on its errand by the specially authorized central body of executive power in the respective sphere according to the procedure defined by the legislation. Organizational provision of activity in the field of alternative energy sources provides for granting by bodies of executive power according to the set procedure of:

- permits to applicants for production of geothermal energy; - permits to applicants for placement of equipment which uses solar radiation, wind, tides for

creation of alternative energy objects; - permits to applicants for building or restoration of hydroelectricity objects at small rivers,

etc. The objective of standardization in the field of alternative energy sources is working out normative documents for provision at the alternative energy objects of:

- adherence to the requirements of ecological legislation as regards to provision of environmental protection, protection of human life and health;

- use of equipment of proper quality; - observation of sanitary hygienic requirements and regulations, etc.

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Measures in the field of alternative energy sources shall be financed at the expense of funds envisaged in the wholesale tariffs for electric energy and tariffs for thermal energy by introduction of a special purpose increase to the tariff defined by law, as well as at the expense of funds of enterprises, institutions, organizations, funds of state and local budgets, voluntary contributions and other funds which are not prohibited by legislation. Stimulation of production and consumption of energy manufactured from the alternative sources is performed according to the legislation by means of:

- use of economic means and incentives envisaged by the legislation on energy saving and environmental protection for extension of use of alternative energy sources;

- creation of favorable economic conditions for construction of alternative energy objects. Use of alternative energy sources has peculiarities conditioned by natural resources, in particular:

- dependence on atmospheric and other environmental conditions; - availability of water resources of small rivers which are necessary for work of

hydroelectricity equipment; - availability of biomass which quantity depends on volumes of annual harvests, etc.

Operation of alternative energy sources at the alternative energy objects is performed under conditions of:

- safety of works, state supervision over the energy consumption regimes; - meeting technological requirements as regards to production, accumulation, transfer, supply

and consumption of energy, etc. Ukraine participates in the international cooperation in the field of production and consumption of energy manufactured from the alternative sources in compliance with the legislation of Ukraine and international agreements of Ukraine. If the international agreement of Ukraine the binding nature of which has been ratified by the Verkhovna Rada of Ukraine sets the rules other than those contained in this Law, the rules of international agreement shall apply.

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On Ukraine's Accession to the Cartagena Protocol on Biosafety to the Convention on Biological [...] Verkhovna Rada of Ukraine; Law from 12.09.2002 № 152-IV http://zakon4.rada.gov.ua/laws/anot/en/152-15

The Law of Ukraine

On Ukraine's Accession to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity

Date of Entry into Force:

October 26, 2002 The Law provides for Ukraine's accession to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (hereinafter referred to as “the Protocol”), adopted in Montreal on January 29, 2000. The objective of this Protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity. The Parties shall ensure that the development, handling, transport, use, transfer and release of any living modified organisms are undertaken in a manner that prevents or reduces the risks to biological diversity, taking also into account risks to human health. This Protocol shall apply to the transboundary movement, transit, handling and use of all living modified organisms that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health. The advance informed agreement procedure shall apply to the intentional transboundary movement of living modified organisms for intentional introduction into the environment of the Party of import. "Intentional introduction into the environment" does not refer to living modified organisms intended for direct use as food or feed, or for processing. The advance informed agreement procedure shall not apply to the intentional transboundary movement of living modified organisms identified in a decision of the Conference of the Parties serving as the meeting of the Parties to this Protocol as being not likely to have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health. The Party of export shall notify, or require the exporter to ensure notification to, in writing, the competent national authority of the Party of import prior to the intentional transboundary movement of a living modified organism. The Party of import shall acknowledge receipt of the notification, in writing, to the notifier within ninety days of its receipt. The acknowledgement shall state whether the intentional transboundary movement may proceed:

- only after the Party of import has given its written consent; - after no less than ninety days without a subsequent written consent.

A Party that makes a final decision regarding domestic use of a living modified organism that may be subject to transboundary movement for direct use as food or feed, or for processing shall, within fifteen days of making that decision, inform the Parties through the Biosafety Clearing-House.

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Each Party shall make available to the Biosafety Clearing-House copies of any national laws, regulations and guidelines applicable to the import of living modified organisms intended for direct use as food or feed, or for processing, if available. A Party may take a decision on the import of living modified organisms intended for direct use as food or feed, or for processing, under its domestic regulatory framework. A Party of import may, at any time, in light of potential adverse effects on the conservation and sustainable use of biological diversity, review and change a decision regarding an intentional transboundary movement. In such case, the Party shall, within thirty days, inform any notifier that has previously notified movements of the living modified organism referred to in such decision, as well as the Biosafety Clearing-House, and shall set out the reasons for its decision. Parties may enter into bilateral, regional and multilateral agreements and arrangements regarding interntional transboundary movements of living modified organisms, consistent with the objective of this Protocol and provided that such agreements and arrangements do not result in a lower level of protection than that provided for by the Protocol. In order to avoid adverse effects on the conservation and sustainable use of biological diversity, each Party shall take necessary measures to require that living modified organisms that are subject to intentional transboundary movement are handled, packaged and transported under conditions of safety, taking into consideration relevant international rules and standards. Each Party shall designate one national focal point to be responsible on its behalf for liaison with the Secretariat. Each Party shall also designate one or more competent national authorities, which shall be responsible for performing the administrative functions and which shall be authorized to act on its behalf with respect to those functions. A Party may designate a single entity to fulfill the functions of both focal point and competent national authority. The Party of import shall permit the notifier to identify information that is to be treated as confidential. Each Party shall ensure protection of confidential information. The Party of import shall not use such information for a commercial purpose, except with the written consent of the notifier. Transboundary movements of living modified organisms between Parties and non-Parties shall be consistent with the objective of this Protocol. The Parties may enter into bilateral, regional and multilateral agreements and arrangements with non-Parties regarding such transboundary movements. The Conference of the Parties shall serve as the meeting of the Parties. Parties to the Convention that are not Parties to this Protocol may participate as observers in the proceedings of any meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to it. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification. This Protocol shall enter into force for a State that accedes thereto on the ninetieth day after the date on which that State deposits its instrument of ratification, acceptance, approval or accession. At any time after two years from the date on which this Protocol has entered into force for a Party that Party may withdraw from the Protocol by giving written notification to the Depositary. Any such withdrawal shall take place upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal.

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On Innovation Activity Verkhovna Rada of Ukraine; Law from 04.07.2002 № 40-IV http://zakon4.rada.gov.ua/laws/anot/en/40-15

The Law of Ukraine

On Innovation Activity

Date of Entry into Force: August 7, 2002

The Law defines legal, economic and organizational principles of state regulation of innovation activity in Ukraine. The objects of innovation activity are:

- innovation programs and projects; - new knowledge and intellectual products; - production equipment and processes; - infrastructure of production and entrepreneurship; - organizational technical decisions of production, administrative, commercial or other nature,

which significantly improve the structure and the quality of production and (or) social sphere;

- raw materials, means of their mining and processing; - commodity output; - mechanism of consumer market forming and sale of commodity output.

The subjects of innovation activity may be natural persons and (or) legal entities of Ukraine, natural persons and (or) legal entities of foreign states, stateless persons, their associations, which conduct innovation activity in Ukraine and (or) attract property and intellectual values, invest own or borrowed funds in the implementation of innovation projects in Ukraine. Pursuant to the Law, the state regulation of innovation activity is performed as follows:

- definition and support of priority directions of innovation activity on state, branch, regional and local levels;

- forming and implementation of state, branch, regional and local innovation programs; - creation of normative legal base and economic mechanisms for support and stimulation of

innovation activity; - protection of rights and interests of the subjects of innovation activity; - financial support of implementation of innovations projects; - encouragement of commercial banks and other financial crediting establishments, which

credit implementation of innovations projects; - support of functioning and development of contemporary innovation infrastructure.

The subjects of innovation activity may obtain financial support for implementation of financial projects by:

- full interest-free crediting (under the conditions of inflation indexation) of priority innovation projects at the expense of funds of the State Budget of Ukraine, budget funds of the Autonomous Republic of Crimea and funds of local budgets;

- partial (up to 50%) interest-free crediting (under the conditions of inflation indexation) of priority innovation projects at the expense of funds of the State Budget of Ukraine, budget funds of the Autonomous Republic of Crimea and funds of local budgets on condition,

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provided that the other funds necessary for project financing were invested by the project agent and (or) other subjects of innovation activity;

- full or partial reimbursement (at the expense of funds of the State Budget of Ukraine, budget funds of the Autonomous Republic of Crimea and funds of local budgets) of interests paid by the subjects of innovation activity to commercial banks and other financial crediting establishments for crediting of innovation projects;

- granting of state guarantees to commercial banks which credit priority innovation projects; - property insurance of implementation of innovation projects by the insurers in compliance

with the Law of Ukraine “On Insurance”. The sources of financial support of innovation activity shall be:

- funds of the State Budget of Ukraine; - funds of local budgets and funds of the Autonomous Republic of Crimea; - own funds of specialized state and communal innovation financial crediting establishments; - own or borrowed funds of subjects of innovation activity; - other sources which are not prohibited by the legislation of Ukraine.

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On Drinking Water and Drinking Water Supply Verkhovna Rada of Ukraine; Law from 10.01.2002 № 2918-III http://zakon4.rada.gov.ua/laws/anot/en/2918-14

The Law of Ukraine

On Drinking Water and Drinking Water Supply

Date of Entry into Force: February 22, 2002

The Law determines legal, economic and organizational principles of functioning drinking water supply system, which aims at the assured provision of population with high-quality and safe for human health drinking water. The Law applies to:

- business entities, that produce drinking water, provide cities, other settlements, separately located objects with drinking water by the centralized drinking water supply or by means of points of drinking water bottling (including movable ones), application of installations (devices), other facilities of decentralized water supply;

- bodies of executive power and bodies of local self-government, that carry out regulation, supervision and control over the quality of drinking water, state of sources and drinking water systems;

- consumers of drinking water. The subjects of relations in the field of drinking water and drinking water supply are:

- bodies of executive power, which manage the drinking water supply objects; - bodies of local self-government, which manage the drinking water supply objects; - enterprises of drinking water supply; - consumers of drinking water.

The objects of legal regulation in the field of drinking water and drinking water supply are the public relations on the issues of:

- economic activity on the centralized and decentralized water supply and overflow-pipe; - forming tariffs on services of the centralized water supply and overflow-pipe; - norming, standardization, licensing and certification; - monitoring, accounting and control; - informing the population in relation to the quality of drinking water and drinking water

supply; - protection of sources and drinking water supply systems, as well as other natural complexes

that are related to them; - ensuring of the rights of consumers of drinking water.

The state sets the following guarantees of ensuring protection of consumers’ rights in the field of drinking water and drinking water supply:

- provision of everybody with the drinking water of appropriate quality within the limits of scientifically grounded norms of drinking water supply depending on the district and living conditions;

- state support, regulation and supervision in the field of drinking water supply and overflow-pipe according to this Law;

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- the obligation of enterprises of drinking water supply to conduct measures regarding

provision of norms of drinking water supply and observation of state standards in the field of drinking water and drinking water supply;

- satisfaction of the necessities of population in drinking water by priority development of the systems of centralized drinking water supply and overflow-pipe, creation of reserve drinking water supply systems;

- and other. State support in the field of drinking water and drinking water supply is granted according to the amounts of money, envisaged by the Law of Ukraine on the State Budget of Ukraine for the respective year. The money is allocated for financing of measures:

- in the field of building and reconstruction of drinking water systems, overflow-pipe and cleaning of sewage, which have national or inter-regional significance;

- for conducting research scientific works on improvement of drinking water supply and resource saving.

The Law covers the authorities of the Cabinet of Ministers of Ukraine, the central body of executive power on the issues of housing and communal economy, other central bodies of executive power, the Council of Ministers of the Autonomous Republic of Crimea, oblast, Kyiv and Sevastopol city state administrations, bodies of local self-government in the field of drinking water and drinking water supply. Activity in the field of drinking water supply may be carried out by the enterprises of all ownership forms. Networks, construction, equipment of the centralized drinking water supply of settlements, as especially important objects of life support, shall not be subject to privatization. Economic activity in the field of drinking water supply includes:

- centralized drinking water supply of cities, other settlements; - drinking water supply by means of the points of drinking water bottling; - production of packaged drinking water; - drinking water supply by means of individual and collective installations (devices) of

preparation of drinking water. Economic activity on centralized water supply and overflow pipe shall be subject to licensing. The agreement on grant of services on drinking water supply is concluded directly between the enterprise of drinking water supply or authorized by it legal entity or natural person and the consumer. The procedure for grant to the consumers of services on drinking water supply is established by the central body of executive power on the issues of housing communal economy. The Law contains the list of rights and obligations of the consumers of drinking water and the enterprises on drinking water supply. Norms of quality indices of drinking water are set by establishment of their indices in state standards on drinking water and sanitary legislation during its production (manufacturing). Such norms are set by the central body of executive power on healthcare by establishment of maximum possible levels of content of contaminating substances in it. The procedure for development and approval of norms of drinking water supply is established by the Cabinet of Ministers of Ukraine. With the purpose of stimulation of efficient use and protection of water objects the enterprises on drinking water supply shall pay fee for special water use. The amount of fee is determined on the basis of fee norms based on the actual volumes of used water and set limits of water consumption. For over limit water consumption the fee shall be paid in a fivefold amount.

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With the purpose of collection, processing, storage an analysis of the information about the quality of drinking water, about the state of the objects of centralized water supply, forecast of its changes and development of scientifically grounded recommendations for making appropriate decisions in this field the state monitoring is held. The state monitoring in the field of drinking water and drinking water supply is held according to the procedure set by the Cabinet of Ministers of Ukraine. Control in the field of drinking water and drinking water supply is executed in order to determine correspondence of drinking water quality to the state standards. State, production and public control are executed in the field of drinking water and drinking water supply. Disputes on the issues of drinking water and drinking water supply are considered in judicial proceedings. Ukraine introduces the international legal mechanisms for ensuring protection and efficient use of the sources of drinking water supply according to the international agreements. If the international agreement of Ukraine the binding nature of which has been ratified by the Verkhovna Rada of Ukraine sets the rules other than those envisaged by this Law, the norms of international agreement shall apply.

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On Oil and Gas Verkhovna Rada of Ukraine; Law from 12.07.2001 № 2665-III http://zakon4.rada.gov.ua/laws/anot/en/2665-14

The Law of Ukraine

On Oil and Gas

Date of Entry into Force: August 31, 2001

This Law defines basic legal, economic and organizational principles of activity of oil and gas industry of Ukraine and regulates relations connected with the peculiarities of use of oil and gas bowels, mining, transportation, storage and use of oil, gas and products of their processing with the purpose of providing energy safety of Ukraine. This Law applies to the relations, which arise in connection with the geological study of oil and gas bearing capacity of bowels, development of oil and gas deposits, storage, transporting and sale of oil, gas and products of their processing regardless of ownership forms of business entities – participants of such relations. The Law shall not apply to the relations regarding use of oil and gas bearing bowels under the conditions of production-sharing agreements. The Verkhovna Rada of Ukraine determines basic directions of state policy in oil and gas industry and carries out legislative regulation of relations in it. The Cabinet of Ministers of Ukraine and other empowered bodies of executive power implement state policy in oil and gas industry and manage it within the limits of their authorities determined by the law. Basic tasks of the state regulation of oil and gas industry shall be:

- promotion of competition in oil and gas complex; - implementation of price and tariff policy in oil and gas complex; - protection of rights of all subjects of relations, which arise in connection with the geological

study of oil and gas bearing capacity of bowels, development of oil and gas deposits, processing, storage, transportation and sale of oil, gas and products of their processing, protection of rights of consumers of oil and gas and employees of the industry.

The authorities of bodies of local self-government in oil and gas industry shall be:

- grant in accordance with the legislation of permit for placing on the appropriate territory that is subordinated to them of objects of oil and gas complex, the sphere of ecological influence of activity of which, pursuant to the operating norms, includes the appropriate territory;

- participation in development of complex plans of oil and gas supply of users on the territory subordinated to them;

- participation in development and implementation of the system of measures regarding work of objects of oil and gas industry in emergency conditions;

- other authorities. The ownership right to the natural oil and gas resources, which are located within the territory of Ukraine, its territorial waters and exclusive (sea) economic zone, belongs to the Ukrainian people. Underground deposits of oil, gas and products of their processing, which are created in natural capacities, are the objects of state ownership.

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Use of oil and gas bearing bowels, search and exploration of oil and gas deposits, their operation, building and operation of underground oil and gas storages shall be performed only at presence of the special permits to use of oil and gas bearing bowels that are granted by the specially authorized central body of executive power on geological study and provision of efficient use of bowels under the conditions determined by the current legislation. After the expiration of the period of validity of the special permit to use of oil and gas bearing bowels the state property that was granted in use of the owner of this permit shall be returned to the state. The special permits to use of oil and gas bearing bowels are granted with observation of the following principles:

- openness of the competitive system during choice of the winner of tender on the receipt of special permits to use of oil and gas bearing bowels;

- the applicant has appropriate qualification, material technical and financial possibilities for use of oil and gas bearing bowels;

- provision of maximum effective and efficient use of oil and gas bearing bowels; - paid grant of special permits to use of oil and gas bearing bowels; - and other.

The following types of special permits shall be granted to use of oil and gas bearing bowels:

- to geological study of oil and gas bearing bowels, including research and industrial development of deposits;

- to geological study of oil and gas bearing bowels, including research and industrial development of deposits with successive mining of oil and gas (industrial processing of bowels);

- to mining of oil and gas (industrial processing of bowels); - to building and operation of underground constructions which are not related to mining of

minerals, including underground deposits of oil or gas and constrictions for burial of production wastes of oil and gas industry and accompanying sewage.

Tender on issue of the special permit to use of oil and gas bearing bowels is recognized as such that has taken place, if at least two participants took part in it. The winner shall be the person who offered the most favorable conditions for use of oil and gas bearing bowels. The special permit to use of oil and gas bearing bowels shall be granted for the following term for:

- geological study of oil and gas bearing bowels, including research and industrial development of deposits on dry land – for not more than 5 years, on continental shelf and within the exclusive (sea) economic zone of Ukraine – for 10 years;

- mining of oil and gas (industrial processing of bowels) on dry land – for not more than 20 years, on continental shelf and within the exclusive (sea) economic zone of Ukraine – for not more than 30 years;

- geological study of oil and gas bearing bowels with successive industrial processing of revealed deposits – for the term that includes the period of validity of separate special permits to geological study of oil and gas bearing bowels and mining of oil and gas (industrial processing of bowels), but not more than 20 years on dry land and not more than 30 years on continental shelf and within the exclusive (sea) economic zone of Ukraine;

- building and operation of underground deposits of oil and gas – for not more than 50 years.

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State control over observation of rules and norms of use of oil and gas bearing bowels, conditions of special permits to use of oil and gas bearing bowels and agreements on the conditions of use of oil and gas bearing bowels is executed by the specially authorized central bodies of executive power on geological study and provision of efficient use of bowels, on issues of ecology and natural resources, bodies of local self-government within their competence. State supervision over conducting of works on geological study of oil and gas bearing bowels and their use is performed by the central body of executive power on supervision of mining. Works connected with geological study of oil and gas bearing bowels shall be subject to obligatory state registration and record that are performed according to the procedure set by the legislation by the appropriate specially authorized central body of executive power on geological study and provision of efficient use of bowels. Geological study of oil and gas bearing bowels is performed for the finds envisaged in the State Budget of Ukraine, own funds of users of oil and gas bearing bowels or for funds of other sources which are not prohibited by the current legislation. In Ukraine there operates a unified centralized dispatcher system of operative technological management of production, transfer and supply of natural gas. Functions of dispatcher management of the Unified gas transporting system of Ukraine are performed by the state enterprise that is determined by the specially authorized central body of executive power that manages the issues on state regulation of oil and gas industry. Provision on functioning of the Unified gas transporting system of Ukraine shall be approved by the Cabinet of Ministers of Ukraine.

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On Motor Vehicle Transport Verkhovna Rada of Ukraine; Law from 05.04.2001 № 2344-III http://zakon4.rada.gov.ua/laws/anot/en/2344-14

The Law of Ukraine

On Motor Vehicle Transport

Date of Entry into Force: May 11, 2001

The Law of Ukraine “On Motor Vehicle Transport” (hereinafter referred to as “the Law”) defines the principles of organization and operation of motor vehicle transport. Motor vehicle transport of common use as a sub-branch of transport industry shall meet the requirements of population and public production in motor vehicle transportations. It includes carriers, bus stations, bus terminals, entities responsible for repair and technical service of motor vehicles, cargo terminals, cargo motor vehicle stations and container points. The carriers' motor vehicles that are used by them for rendering of services on carriage of passengers and cargoes refer to motor vehicle transport of common use. Motor vehicles of subjects of entrepreneurial activity, institutions and organizations that are used by them only for own needs refer to departmental motor vehicle transport. Motor vehicles of natural persons that are used by them only for own needs refer to individual motor vehicle transport. Basic functions of state regulation of activity of motor vehicle transport are:

- forming market of services and control over implementation of the legislation; - normative and legal regulation on the motor vehicle transport issues; - licensing of carriers' activity, standardization and certification; - organization of and control over motor vehicle transportations; - tariff, innovation and investment policy, etc.

The Verkhovna Rada of Ukraine defines basic directions of state policy in the field of motor vehicle transport and legislative principles of its implementation. General state regulation of activity of motor vehicle transport is performed by the Cabinet of Ministers of Ukraine according to its authorities. The central body of executive power in the field of transport ensures conducting state policy on motor vehicle transport through its territorial bodies, international motor vehicle transportation service and governmental body of state administration on motor vehicle transport. The state standardization system on motor vehicle transport aims at:

- carrying out uniform technical policy; - mutual substitution and combinability of goods, works, services, their unification; - economy of all kinds of resources, improvement of technical and economic indices of

activity; - ensuring of the state's defense capacity and mobilization readiness, etc.

Rendering of services on carriage of passengers and cargos by motor vehicle transport of common use shall be subject to licensing according to law. Licensing of motor vehicle transport of common use aims at determination of initial and current conditions of rendering carriage services, as well as the most significant characteristics of servicing of the consumers.

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Tariff policy on motor vehicle transport of common use shall satisfy entrepreneurial interest, development of motor vehicle transport, stimulate introduction of the newest technologies and use of modern designs of motor vehicles. The state control on motor vehicle transport is performed by the central body of executive power in the field of transport, its territorial bodies, including international motor vehicle transportation services and the governmental body of state administration on motor vehicle transport, as well as other bodies of state power and bodies of local self-government according to law. In case of reveal of violations of the legislation on motor vehicle transport territorial bodies of the central body of executive power in the field of transport are entitled to order removal of violation, to apply financial sanctions according to this law, etc. not later than 10 working days starting from the day of reveal of this violation. Development of motor vehicle transport of common use is ensured by support of the bodies of state power by means of creation of conditions for:

- rendering of its socially important services; - acquisition of motor vehicles and equipment for their technical servicing; - stimulation of development of market of its services.

To the personnel of motor vehicle transport of common use refer the employees who directly render services of motor vehicle transport of common use. Labor relations of the personnel of motor vehicle transport of common use are regulated by the labor legislation, including provisions on discipline and rules of internal labor schedule. Motor vehicles are divided by their use into passenger, cargo, cargo and passenger motor vehicles, trailers. Motor vehicles shall meet the following requirements:

- not to threaten safety of the persons, who use them, or other participants of traffic; - not to damage roads and devices on them; - not to cause radioelectric obstacles over the set level, etc.

The infrastructure of motor vehicle communication roads includes: motor vehicle roads, bus terminals, bus stations, bus stops of common use, grounds for turn and stay of buses at departure and arrival route points, taxi stops, cargo terminals, cargo motor vehicle stations, container points and road service objects. To the objects of road service designed to render services to carriers, drivers and passengers refer: stops, washings, filling stations, motels, camping, shops, places of public catering, communication and medical aid. Services of motor vehicle transport of common use are divided into bus, taxi and cargo and passenger transportations of passengers and cargos. Privileged carriages of the persons who according to the legislation enjoy such rights are performed by the passenger carriers of all ownership forms and subordination. It shall be prohibited for a passenger carrier to refuse privileged transportation, except for the cases envisaged by law. Groundless refusal of privileged transportation results in responsibility according to law. The documents to carriage of passengers on bus routes of common use are:

- for a passenger carrier - license, agreement with the customer to carriage of passengers, route passport, document that certifies legal use of bus;

- for a bus driver - driving license, vehicle registration documents, road list, ticket registration form, route scheme, route timetable, table of fare and customer's permit to carriage;

- for a passenger - ticket for bus trip and carriage of luggage.

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Articles 39 - 43 of the Law define basic rights and duties of a bus or a taxi driver during carriage of passengers, the principles of activity of passenger carrier, relations of passenger carrier with bodies of executive power and bodies of local self-government, with owners of bus terminals and bus stations, requirements to a passenger carrier. Articles 44 - 47 of the Law are devoted to the procedure for holding tender for carriage of passengers on bus routes of common use, requirements to passenger carriers which are allowed to participate in tender and determination of the winner of such tender. Section 11 of the Law covers the issues on organization of tourist transportations and carriage of passengers for order, sets general principles of carriage of passengers by taxi and sets requirements to such carriage. Section 12 of the Law defines the peculiarities of the agreement on carriage of passenger by motor vehicle transport, basic rights and duties of a passenger and a passenger carrier. Chapter three of the Law sets general provisions regarding internal transportation of cargos by motor vehicle transport, the principles of activity of cargo carrier and requirements to it, the peculiarities of the agreement on transportation of cargo by motor vehicle transport of common use and rights and duties of parties to such agreement. Chapter four of the Law is devoted to the organization of international carriage of passengers and cargos by motor vehicle transport, international cooperation in the field of international carriage of passengers and cargos by motor vehicle transport, control over conducting international carriage of passengers and cargos by motor vehicle transport. Chapter five of the Law contains norms which refer to responsibility of carrier and subjects of entrepreneurial activity for violation of the legislation on motor vehicle transport, the procedure for consideration of cases on violation of the legislation on motor vehicle transport.

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On the Ratification of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone [...] Verkhovna Rada of Ukraine; Law from 02.11.2000 № 2083-III http://zakon4.rada.gov.ua/laws/anot/en/2083-14

The Law of Ukraine

On the Ratification of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

Date of entry into force:

December 9, 2000 The present Law ratified the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (hereinafter referred to as the Protocol) adopted on November 25, 1992, at the fourth meeting of the Parties to the Montreal Protocol in Copenhagen. The present Law introduced amendments to the Protocol (Article 1). According to the present Amendment, “controlled substance” shall mean any substance mentioned in Annexes A, Annex B, Annex C, or Annex , whether existing alone or in a mixture. The present Amendment shall supplement the present Protocol (paragraph 5 bis of Article 2) with a provision, according to which any Party not operating according to paragraph 1 of Article 5 may, for one or more control periods, transfer to another such Party any portion of its calculated level of consumption set out in Article 2F, provided that the calculated level of consumption of controlled substances included into Group I of Annex A of the Party transferring the portion of its calculated level of consumption did not exceed 0.25 kilograms per capita in 1989 and that the total combined calculated levels of consumption of the Parties concerned do not exceed the consumption limits set out in Article 2F. Such transfer of consumption shall be notified to the Secretariat by each of the Parties concerned, stating the terms of such transfer and the period for which it is to apply. According to the present Amendment, the present Protocol shall be supplemented with a provision (Article 2F “Hydrochlorofluorocarbons”), according to which each Party shall ensure that for the twelve-month period commencing on January 1, 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed, annually, the sum of: (a) Three point one per cent of its calculated level of consumption in 1989 of the controlled substances included into Group I of Annex A; and (b) Its calculated level of consumption in 1989 of the controlled substances included into Group I of Annex C. Each Party shall ensure that:

- for the twelve-month period commencing on January 1, 2004, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed, annually, sixty-five per cent of the sum referred to in paragraph 1 of the present Article;

- for the twelve-month period commencing on January 1, 2010, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed, annually, thirty-five per cent of the sum referred to in paragraph 1 of the present Article;

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- for the twelve-month period commencing on January 1, 2015, and in each twelve-month

period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed, annually, ten per cent of the sum referred to in paragraph 1 of the present Article;

- for the twelve-month period commencing on January 1, 2020, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed, annually, zero point five per cent of the sum referred to in paragraph 1 of the present Article;

- for the twelve-month period commencing on January 1, 2030, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances included into Group I of Annex C does not exceed zero.

According to the present Amendment to the present Protocol, within three years of the date of entry into force of the present paragraph, the Parties shall, following the procedures specified in Article 10 of the Vienna Convention for the Protection of the Ozone Layer, elaborate in an annex a list of products containing controlled substances included into Group II of Annex C. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State that is not party to the present Protocol. Also, amendments were introduced to Annex C of the present Protocol. The present Protocol was supplemented with Annex E.

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On the National Program for Creating the National Environmental Network of Ukraine for the Years [...] Verkhovna Rada of Ukraine; Law, Program from 21.09.2000 № 1989-III http://zakon4.rada.gov.ua/laws/anot/en/1989-14

Law of Ukraine "On the National Program for Creating the National Environmental Network of Ukraine for

the Years 2000-2015"

Date of entry into force: November 8, 2000

The Law adopts the National Program for Creating the National Environmental Network of Ukraine for the Years 2000-2015 (hereinafter referred to as "Program"). The Program was developed in the context of further review, improvement and development of the environmental legislation of Ukraine. An important target is improving the normative and legal base in the sphere of preserving, expanding, restoring and safeguarding the unified system of territories with the natural state of the landscape, as well as other natural complexes and unique territories. The current state of natural landscapes of Ukraine only partially corresponds to the criteria for inclusion in the European Environmental Network. Negative changes in the marine flora and fauna are caused by introduction of dangerous foreign species. A trend for quick spreading of viral infection in Ukrainian biocenoses and viral affection of a range of objects of the plant and animal world are observed. The main target of the Program is increasing the area of lands with natural landscapes in the country to the level that is sufficient to preserve a degree of diversity approaching their original natural state, and forming a territorially unified system of them, designed to enable natural pathways for migration and spreading of plants and animals. In order to expand the area of the national environmental network, the Program envisages the following measures:

- creating natural reserve fund objects on territories that correspond to the conditions for natural complex safeguarding;

- increasing the area of lands provided to the natural reserve fund institutions from 0.5 to 2 million hectares;

- preserving natural landscapes in areas of historical and cultural significance; - supplementing the programs for environmental improvement of the basins of the Siverskiy

Donets, the Pivdenniy Bug, the Dnister, the Danube and the Zakhidniy Bug with measures aimed at creating and organizing water conservation areas and coastal protection strips of water bodies, introducing a special regime for land use in river source areas;

- forming cross-border natural conservation territories of international importance; - creating protective forest areas and field-protecting forest strips, land alkalization; - conservation of degraded and polluted lands with subsequent partial foresting; - preserving natural landscapes on lands used for industry, transport, communication and

defense; - environmentally sound increase in forest areas.

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In order to ensure fulfilling the environmental protection function of the national environmental network, the Program entails the following measures:

- protecting animal habitats during migration and wintering, creating a system for protecting the habitats;

- expanding the network of water bodies for fish migration; - creating conditions for restoring the biodiversity of plants, animals and phytocenoses in

natural areas; - ensuring protection of water and swamp bodies of international and national importance; - taking measures to prevent negative impact of the elements of the national environmental

network on natural systems; - implementing a system for environmental protection measures aimed at preserving natural

systems in the elements of the national environmental network; - providing for preservation of plant and animal populations; taking special measures to

ensure plant and animal migration where natural and transport pathways collide. The Program envisages that financing the implementation of the Program's measures will be done at the expense of the funds of the State Budget of Ukraine, the republican budget of the Autonomous Republic of Crimea, environmental protection funds within budgets of all levels, and from other sources. The timeframe for the Program implementation is intended until the year 2015, separated into two stages: 2000 – 2005 and 2006 – 2015. The Program states that its implementation will ensure preserving and restoring landscape diversity as well as facilitate:

- maintaining an environmental balance throughout the territory of Ukraine; - creating natural conditions for human life and development in an environmentally balanced

natural environment that is in maximum proximity to the natural landscapes; - preventing irreversible loss of parts of the genetic, demographic, cenotic and environmental

fund of the country; - ensuring balanced and non-exhausting nature use on the large part of the territory of

Ukraine; - developing a resource base for public tourism, rest and recreation; - increasing the natural resource potential on agricultural lands adjacent to the national

environmental network; - improving the environmental normative and legal base and harmonizing it with the

international legislation; - developing the European Environmental Network; - ensuring restoration of biogeochemical circulation in the environment, decreasing the threat

of land degradation and loss of fertility.

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On Emergency Ecological Situation Zone Verkhovna Rada of Ukraine; Law from 13.07.2000 № 1908-III http://zakon4.rada.gov.ua/laws/anot/en/1908-14

The Law of Ukraine

On Emergency Ecological Situation Zone

Date of Entry into Force: August 15, 2000

The Law regulates relations arising during implementation of emergency measures, aimed at protection of life and health of people and normalization of ecological situation in the emergency ecological situation zone. The emergency ecological situation zone is a separate territory of Ukraine, on which emergency ecological situation occurred. The Law stipulates the grounds and procedure for declaring a specific territory the emergency ecological situation zone. The grounds for declaring the emergency ecological situation zone are as follows:

- significant excess of maximum possible quality indices of natural environment, established by the legislation;

- occurrence of direct threat to life and health of a great number of people; - negative changes that took place in environment on a significant territory.

A specific territory of Ukraine shall be declared the emergency ecological situation zone by the President of Ukraine. The Decree of the President of Ukraine on declaring a specific territory the emergency ecological situation zone shall be passed by the Verkhovna Rada of Ukraine within two days starting from the address of the President of Ukraine. A special legal regime shall be introduced in the emergency ecological situation zone. It is introduced to prevent human and material losses, avert threat to people's life and health and eliminate negative consequences of an emergency ecological situation. Once there are sufficient grounds, a legal emergency regime may be introduced in the emergency ecological situation zone under the procedure, established by the Law of Ukraine “On Legal Emergency Regime”. Validity of a legal emergency regime in the emergency ecological situation zone may be terminated pre-term by the President of Ukraine. To implement necessary measures in the emergency ecological situation zone, funds are assigned from the State and local budgets, the reserve of the Cabinet of Ministers of Ukraine and other sources that are not prohibited by law. The Cabinet of Ministers of Ukraine or the authorized central executive body - within the funds assigned - places a corresponding government order for supply of products for state needs, approves and implements state complex or target public works programs.

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According to the Law of Ukraine “On Legal Emergency Regime”, in case of introduction of legal emergency regime in the emergency ecological situation zone the following measures may be carried out:

- introduction of a special entry-exit regime; - limitation of vehicle traffic; - introduction of limitations or imposition of a ban on mass festivities; - displacement of people from hazardous territories.

The rights to perform certain types of economic activity may be limited in the emergency ecological situation zone. Ukraine participates in the international cooperation on preventing emergency ecological situations, eliminating their consequences and providing mutual assistance in compliance with international agreements of Ukraine and the Ukrainian legislation.

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On Protection of Population and Territories from Man-Caused and Natural Emergencies Verkhovna Rada of Ukraine; Law from 08.06.2000 № 1809-III http://zakon4.rada.gov.ua/laws/anot/en/1809-14

The Law of Ukraine

On Protection of Population and Territories from Man-Caused and Natural Emergencies

Date of Entry into Force: July 25, 2000

This Law defines organizational and legal grounds for protection of the citizens of Ukraine, foreigners and stateless persons who stay on the territory of Ukraine, protection of production and social objects, environment from man-caused and natural emergencies. According to the Law, a man-caused and naturally-caused emergency is disruption of normal conditions of life and activity of people on some territory or object or on a water object, caused by accident, catastrophe, natural disaster or other dangerous event, including epidemics, epizootic, epiphytic, fire, which caused (can cause) the impossibility of living of the people on the territory or object, conducting there economic activity, death of people and/or significant material losses. Citizens of Ukraine, foreigners and stateless persons have the right to the following in the sphere of protection of population and territories from man-caused and natural emergencies:

- Receiving information about man-caused and natural emergencies, which occurred or could occur and about required safety measures;

- Provision and use of means of collective and individual protection, designed to protect population from man-caused and natural emergencies in case of their occurrence;

- Appealing to local executive power bodies and local self-government bodies on issues of protection from man-caused and natural emergencies;

- Reimbursement of damage, inflicted on their health and property as a result of man-caused and natural emergencies;

- Compensation for work in man-caused and natural emergency zones; - Social and psychological support and healthcare; - Other rights in the sphere of protection of population and territories from man-caused and

natural emergencies according to the laws of Ukraine. The Law stipulate]s the following measures in the sphere of protection of population and territories from man-caused and natural emergencies:

- Informing and notifying; - observing; - shelter in protection facilities; - evacuation facilities; - engineer protection; - medical protection; - biological protection; - radiation and chemical protection; - state standardization on issues of security in man-caused and naturals; - state inspection in the sphere of protection of population and territories from man-caused

and natural emergencies; - state observation and control in the sphere of protection of population and territories from

man-caused and natural emergencies; - declaring danger of objects of increased danger.

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The Law creates a unified state system of bodies of executive power on preventing and reacting to man-caused and natural emergencies (hereinafter referred to as the unified state system). The unified state system consists of territorial and functional sub-systems. Functional sub-systems are created by the central bodies of executive power for organization of work aimed at preventing man-caused and natural emergencies and protection of population and territories in case they occur. Territorial sub-systems are created in the Autonomous Republic of Crimea, oblasts and cities of Kyiv and Sevastopol for preventing and eliminating consequences of man-caused and natural emergencies within their territories. The following regimes of functioning are stipulated by the unified state system:

- daily functioning regime (under conditions of normal production industrial, radiation, chemical, biological (bacteriological), seismic, hydrogeological and hydrometeorological situation, absence of epidemics, epizootic, epiphytic, etc.);

- regime of increased readiness (in case there is a serious deterioration of industrial, radiation, chemical, biological (bacteriological), seismic, hydrogeological and hydrometeorological situation, in case of a real possibility of occurrence of a man-caused and natural emergency);

- emergency regime (in case of occurrence and during elimination of consequences of a man-caused and natural emergency).

State management in the sphere of protection of population and territories from man-caused and natural emergencies is performed by:

- the Cabinet of Ministers of Ukraine; - the specially authorized central body of executive power, which competence includes

protection of population and territories from man-caused and natural emergencies; - other specially authorized central bodies of executive power; - local bodies of executive power; - bodies of local self-government.

Chapter V of the Law determines authorities of the above bodies in the sphere of protection of population and territories from man-caused and natural emergencies

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On Alternative Types of Liquid and Gas Fuel Verkhovna Rada of Ukraine; Law from 14.01.2000 № 1391-XIV http://zakon4.rada.gov.ua/laws/anot/en/1391-14

The Law of Ukraine

On Alternative Types of Liquid and Gas Fuel

Date of Entry into Force: February 15, 2000

The Law of Ukraine “On Alternative Types of Liquid and Gas Fuel” (hereinafter referred to as “the Law”) defines legal, social, economic, ecological, and organizational grounds for production and consumption of alternative types of liquid and gas fuel on the basis of involving untraditional sources and types of energy raw materials. The Law aims at establishing the necessary conditions for expanding production and consumption of these types of fuel in Ukraine. Alternative types of liquid and gas fuel are liquid and gas fuel which is alternative to relevant traditional types of fuel and which is produced from untraditional sources and types of energy raw materials. Key principles of government policy in the sphere of alternative types of fuel shall be:

- supporting the development of scientific and technical base for production of alternative types of fuel, promoting scientific and technical achievements in this sphere;

- supporting entrepreneurship in the sphere of alternative types of fuel on the basis of government protection for business interests;

- developing international scientific and technical cooperation, widely using the opportunities of world science and technology in the sphere of alternative types of fuel, etc.

Fuel shall be considered alternative, if:

- it is fully produced from untraditional sources and types of energy raw materials or is a mixture of alternative and traditional types of fuel in proportions established according to state standards;

- it is produced from petroleum deposits, gas deposits, oil-gas condensate fields for non-industrial designation, exhausted deposits, from heavy types of crude, etc, and in terms of its features differs from requirements to traditional type of fuel. If such fuel, in terms of its features, meets requirements to traditional type of fuel, the present Law shall apply only to its production and shall not apply to consumers of such fuel;

- norms for environmental safety and consequences of using alternative types of fuel for the environment and human health meet the requirements established by Ukraine’s legislation for traditional types of fuel.

Alternative types of liquid fuel shall include:

- combustible liquids obtained from refining solid types of fuel; - alcohols and their mixtures, oils, and other liquid biological fuel obtained from biological

raw materials; - combustible liquids obtained from industrial wastes, including gas outbursts, sewages,

discharges, and other wastes of industrial production, etc.

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Alternative types of gas fuel shall include:

- gas obtained from refining solid fuels, natural bitumen, heavy crude; - gas obtained from natural gas hydrates and sub-hydration gas; - manure gas, producer gas, other gas fuel obtained from biological raw material, including

from biological wastes; - gas obtained from industrial wastes, etc.

The alternative nature of fuel shall be confirmed by a document on fuel identification issued by a relevant authorized body of executive power according to the procedure determined by the Cabinet of Ministers of Ukraine. Refusal of the body of executive power to issue the document on fuel identification or its violation of the issuance procedure can be appealed in court. Producing company that sells alternative type of fuel, when requested, shall supply the buyer with a document confirming the quality of fuel and its alternative nature. Organizational and economic measures stimulating the production and consumption of alternative types of fuel shall include:

- identifying sources of and directions for financing measures in the sphere of alternative types of fuel;

- stimulating investment activity and introducing cutting-edge technologies in the sphere of alternative types of fuel by way of establishing privilege regime for investment and other commercial activities of foreign investors;

- providing, according to the law, special state guarantees for the protection of foreign investments, aimed at developing the sphere of alternative types of fuel;

- setting up a special informational fund for the purpose of accumulating, systemizing and disseminating information on the availability of untraditional sources and types of energy raw materials in Ukraine.

Measures to encourage production and consumption of alternative types of fuel shall be financed at the expense of funds of enterprises, institutions and organizations regardless of their type of ownership, funds of the State Budget and local budgets, and other sources, not prohibited by the law. Indicators for consumer quality for each alternative type of fuel shall be established according to the relevant standards. These indicators shall be the basis for all settlements with respect to alternative types of fuel. Norms for environmental safety of alternative types of fuel and indicators of safety for human health and labor shall be within the limits established by the legislation for traditional types of fuel. Norms and standards in the sphere of alternative types of fuel shall establish energy consumption indicators in the process of manufacturing the above-mentioned types of fuel from untraditional sources and types of energy raw materials, fuel consumption indicators for various technical means, other technical and economic indicators, as well as norms for environmental safety and sanitary indictors. Violations in the sphere of alternative types of fuel shall be:

- sale of alternative types of fuel that do not meet standards and technical requirements by producing companies, legal entities and natural persons;

- production, sale and consumption of traditional types of fuel in the capacity of alternative ones;

- provision of privileges for producers and consumers of alternative types of fuel, if their activities do not meet requirements of the legislation on alternative types of fuel, etc.

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Violating the legislation on alternative types of fuel shall entail disciplinary, administrative, civil, or criminal liability established by the laws of Ukraine. Enterprises, institutions, organizations regardless of their type of ownership, as well as citizens, shall compensate damages, incurred as a result of violating the legislation on alternative types of fuel, according to the procedure and in amounts stipulated by the legislation of Ukraine.

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ANNEX C: LAWS of UKRAINE 1999-1991

CONTENTS: Page: On the State Geological Service of Ukraine 167 Mining Law of Ukraine 168 On Hydro-Meteorological Activity 171 On Topographic, Geodesic and Cartographic Activity 173 On Waste 178 On Energy Industry 181 On Ratification of the United Nations Framework Convention on Climate Change 183 On Ukraine's Accession to the Convention on the Conservation of European Wildlife and Natural Habitats, [...] 185 On Railway Transport 186 The Constitution of Ukraine 189 On Pipeline Transport 193 On Handling Radioactive Wastes 195 The Water Code of Ukraine 198 On Ecological Examination 201 On Use of Nuclear Power and Radiation Safety 203 On Ratification of the Convention on Biological Diversity 205 The Code of Ukraine on Bowels 207 On Energy-Saving 210 The Forest Code of Ukraine 212 On Air Protection 217 On Environmental Protection 219 Note: when you press (while pressing Ctrl) on the underlined name of the law in a browser window to display the full version of this law in the Ukrainian language.

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On the State Geological Service of Ukraine Verkhovna Rada of Ukraine; Law from 04.11.1999 № 1216-XIV http://zakon4.rada.gov.ua/laws/anot/en/1216-14

The Law of Ukraine

On the State Geological Service of Ukraine

Date of Entry into Force: December 7, 1999

The Law of Ukraine “On the State Geological Service of Ukraine” (hereinafter referred to as “the Law”) defines legal, organizational and financial grounds of activity of the State Geological Service of Ukraine. The State Geological Service of Ukraine consists of the following institutions:

- the specially authorized central body of executive power on geological study and use of bowels;

- state enterprises, institutions and organizations basic type of activity of which is geological study and use of bowels.

In this Law the term 'geological study of bowels' shall mean special works and researches aimed at receipt of information about bowels with the purpose of satisfaction of public needs. The term 'geological activity' is interpreted in this Law as production or scientific activity connected with geological study of bowels. Basic tasks of the State Geological Service of Ukraine are as follows:

- improvement and increase of the state's mineral and raw materials base as the basis for development of mining and processing branches of the national economy;

- geological, hydrogeological, engineering and geological , ecological and geological study and mapping of geological environment, including dangerous geological phenomena;

- monitoring of geological environment and mineral and raw materials base; - holding fundamental and applied scientific researches connected with design and

introduction in the production of scientific and methodical grounds of forecast, search and exploration of deposits of minerals, forecast of changes of geological environment and other needs of geological study of bowels;

- creation of unified informational system for use of bowels; - ensuring of protection and efficient use of bowels during mining of minerals and use of

bowels for the purposes which are not connected with mining of minerals; - encouragement of entrepreneurial activity in the field of use of bowels.

The State Geological Service of Ukraine is managed by the Cabinet of Ministers of Ukraine and by the specially authorized by it central body of executive power on geological study and use of bowels. The Law defines authorities of this body which, in particular, are as follows:

- organization of state expertise of reports as regards to the results of geological study of bowels, which are submitted by the users of bowels to the State Informational Geological Fund of Ukraine;

- state registration of works and researches connected with the geological study of bowels; - organization of state expertise of programs, plans and projects on the geological study of

bowels;

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- control over the observation of the requirements of the legislation of Ukraine on bowels, as well as set standards, norms and rules as regards to the geological study of bowels by the users of bowels regardless of ownership forms and other.

Works on the geological study of bowels shall be financed from the money allocated from fee for geological exploration works, which are performed at the expense of the State Budget of Ukraine, from the deductions for use of bowels, as well as from other funds envisaged by the state programs aimed at increase of mineral and raw materials base.

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Mining Law of Ukraine Verkhovna Rada of Ukraine; Law from 06.10.1999 № 1127-XIV http://zakon4.rada.gov.ua/laws/anot/en/1127-14

The Law of Ukraine

Mining Law of Ukraine

Date of Entry into Force: November 11, 1999

The Mining Law of Ukraine (hereinafter referred to as “the Law”) defines legal and organizations grounds for carrying out mining works, and ensuring anti-accident protection for mining enterprises, institutions and organizations. This Law shall apply to legal relations in activities of mining enterprises, institutions, organizations, and mining objects engaged in prospecting, developing, extracting and processing minerals, and carrying our mining works, constructing, liquidating or shutting down mining enterprises, scientific and research activities, and liquidation of accidents within the territory of Ukraine, its continental shelf and exclusive (marine) economic zone, regardless of their type of ownership and subordination, as well as enterprises, institutions, organizations, Ukrainian citizens, foreign legal entities and natural persons, stateless persons. Legal relations in activities of mining enterprises based upon the production sharing agreements shall be regulated by the Law of Ukraine “On Production Sharing Agreements” and such agreements. Activities under production sharing agreements shall be regulated by provisions of the present Law, unless otherwise is envisaged by the law and a specific production sharing agreement. Objects of mining relations shall be:

- geological prospecting of minerals; - design, construction, exploitation, liquidation, or conservation of mining enterprises; - organization of anti-damage protection for mining enterprises; - labor protection and care of safety and health of individuals working in especially dangerous

environment. Subjects of mining relations shall be legal entities and natural persons of Ukraine, foreign legal entities and natural persons, and stateless persons engaged in geological prospecting of mineral deposits, designing, constructing, exploiting, and liquidating accidents and liquidating or shutting down enterprises that carry out extraction and processing of minerals, as well as mining works. Mining industry enterprises can be of various types of ownership, unless otherwise is envisaged by the laws of Ukraine. Privatization of mining industry enterprises shall be performed according to the legislation on privatization. The list of mining enterprises which are in state ownership and are not subject to privatization shall be approved by the Verkhovna Rada of Ukraine. In case of privatizing mining industry enterprises, the Cabinet of Ministers of Ukraine, upon a motion by the State Property Fund of Ukraine, shall adopt a decision to secure state ownership for a relevant stake of shares of joint stock companies established on the basis of mining industry enterprises. Property of state branch and regional mine-rescue services, as well as property of state scientific institutions for safety of mining works shall not be subject to privatization.

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Chapter II of the Law is dedicated to government policy in the area of regulating mining relations, namely to principles of government policy on mining industry, supporting mining enterprises, supervising mining relations, and authorities of local bodies of executive power and bodies of local self-government in the area of mining relations. Chapter III of the Law covers issues of preparing for mining works and mineral extraction, which include positioning and designing mining enterprises, preparing for their construction and for construction works, reconstruction and technical re-equipment, and launching into operation of mining enterprises. Chapter IV of the Law is dedicated to key requirements, the procedure for carrying out mining works, mining equipment and materials, applying explosive materials in mining works, expertise of draft decisions on anti-damage protection, safety of mining works, constructing and exploiting mining enterprises, using and tracking waste mining tunnels, and documents providing the right to carry out mining works. Chapter V of the Law sets norms for the system of anti-damage protection and safety of mining works, technical and organizational measures to prevent accidents and catastrophes, a plan for liquidating accidents, the system for notifying about accidents, forming emergency rescue services, duties of the head of a mining enterprise in liquidating accidents and rescuing people, cooperation among heads of mining enterprises and bodies of executive power, bodies of local self-government, enterprises, institutions, and organizations in liquidating accidents, ensuring safety of mining works and labor protection, protection of mining enterprises from harmful impact of dangerous productions and natural calamities. Chapter VI of the Law is dedicated to key ecological requirements to mining works, preventing harmful impact of mining works, and measures to ensure ecological safety in mining works. Chapter VII of the Law covers labor relations of employees of mining enterprises, duties of the owner (head) of a mining enterprise, requirements to labor discipline, professional training and qualification of employees of mining enterprises, duties of employees of mining enterprises, rights and social guarantees for employees of mining enterprises. Chapter VIII of the Law determines forms for shutting down mining enterprises, the procedure for the liquidation or conservation of a mining enterprise, the procedure for allocating privileges and compensations to employees of a mining enterprise due to shutting down this enterprise, and social guarantees for employees of mining enterprises that are subject to liquidation or conservation. Chapter IX of the Law sets out standards for responsibility for violating mining legislation, the procedure for compensating damages incurred as a result of violating mining legislation, and personal disciplinary responsibility of employees of mining enterprises.

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On Hydro-Meteorological Activity Verkhovna Rada of Ukraine; Law from 18.02.1999 № 443-XIV http://zakon4.rada.gov.ua/laws/anot/en/443-14

The Law of Ukraine

On Hydro-Meteorological Activity

Date of Entry into Force: March 23, 1999

The Law determines general legal, economic, social, and organizational grounds for performing hydro-meteorological activity in Ukraine and legal status of the national hydro-meteorological service and its employees. The Law determines key principles for government policies in the field of hydro-meteorological activity. These shall include:

- state regulation and oversight in the field of hydro-meteorological activity; - systemic, integrated, continuous, and representative hydro-meteorological observations and

forecasts; - warning and urgent nature of hydro-meteorological support and services with respect to

dangerous and disastrous hydro-meteorological phenomena; - priority requirements to environmental safety; - other.

Key directions of hydro-meteorological activity shall be:

- carrying out observations of hydro-meteorological conditions, geo-physical processes in the atmosphere and basic observations over the level of environmental pollution;

- collecting, processing, transferring, and storing observation data; - developing hydro-meteorological forecasts, providing hydro-meteorological support for

government bodies, bodies of local self-government and the population; - providing hydro-meteorological support and services to interested legal entities and natural

persons, effecting active impact on hydro-meteorological processes. Subjects of relations in the field of hydro-meteorological activity shall be:

- a specially authorized central body of executive power in the field of hydro-meteorological activity and its organizations, enterprises and institutions;

- other state bodies, legal entities and natural persons that perform hydro-meteorological activity;

- organizations, enterprises, institutions, and citizens that are users of hydro-meteorological information.

Hydro-meteorological activity on the territory of Ukraine shall be carried out:

- by a specially authorized central body of executive power in the field of hydro-meteorological activity, its organizations, enterprises and institutions;

- under special permits (licenses) by other state bodies, legal entities and natural persons regardless of their ownership form;

- by the hydro-meteorological service of the Armed Forces of Ukraine.

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State oversight in the field of hydro-meteorological activity shall be carried out by a specially authorized central body of executive power in the field of hydro-meteorological activity and its local bodies. The Law provides a list of authorities of such specially authorized central body of executive power, local state administrations and bodies of local self-government in the field of hydro-meteorological activity. Points of the state system for hydro-meteorological observations shall be placed by a decision of a specially authorized central body of executive power in the field of hydro-meteorological activity. Activities of the state system for hydro-meteorological observations shall be managed by a specially authorized central body of executive power in the field of hydro-meteorological activity through its central geophysical observatory, main centers for the directions of activity, a hydro-meteorological center in the Autonomous Republic of Crimea, regional and oblast hydro-meteorological centers, observatories, hydro-meteorological bureaus, hydro-meteorological and specialized stations. Mandatory state tracking, registration and storage of materials resulting from hydro-meteorological observations shall be carried out by the sector state archive of a specially authorized central body of executive power in the field of hydro-meteorological activity. Property of enterprises, institutions and organizations of the national hydro-meteorological service shall not be subject to privatization. Employees of the national hydro-meteorological service whose activity poses a risk to their life and health shall be subject to mandatory state insurance. Activities of the national hydro-meteorological service shall be financed at the expense of the State Budget of Ukraine. A specially authorized central body of executive power in the field of hydro-meteorological activity can set up a fund to support the national hydro-meteorological service.

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On Topographic, Geodesic and Cartographic Activity Verkhovna Rada of Ukraine; Law from 23.12.1998 № 353-XIV http://zakon4.rada.gov.ua/laws/anot/en/353-14

Law of Ukraine

"On Topographic, Geodesic and Cartographic Activity"

Date of entry into force: January 26, 1999

Article 1 of the Law determines the terms used in it. For example, topographic, geodesic and cartographic activity is scientific, production and managerial activity aimed at determining the figure parameters and the gravitational field of the Earth, coordinates of points on the Earth's surface and their change over time, creating and using the state geodesic and gravimetric networks of Ukraine, the network of permanently active satellite surveillance stations, topographic and themed maps (plans), creating and updating the cartographic basis for land cadastres, geospatial data banks (databases) and geoinformational systems. The task of the legislation on the topographic, geodesic and cartographic activity is regulating the relations in the sphere of topographic, geodesic and cartographic activity to satisfy the needs of the state and the public with the results of topographic, geodesic and cartographic activity (Article 3 of the Law). According to Article 4 of the Law, the objects of topographic, geodesic and cartographic activity are:

- the territory of Ukraine, including bodies of water, cities and other population centers, systems of industrial, hydrotechnical and other engineering structures and communications, the continental shelf and the exclusive (marine) economic zone of Ukraine;

- the territory of the Earth, including the Antarctica, the World Ocean, the space and the celestial bodies.

Article 5 of the Law lists the following as subjects of topographic, geodesic and cartographic activity:

- the Cabinet of Ministers of Ukraine; - the specially authorized central body of executive power in the issues of topographic,

geodesic and cartographic activity, and its local bodies; - other central and local bodies of executive power; - legal entities and natural persons according to the Law and other normative-legal acts.

State management in the sphere of topographic, geodesic and cartographic activity is carried out by the Cabinet of Ministers of Ukraine, the specialized authorized central body of executive power in the issues of topographic, geodesic and cartographic activity and its local bodies, the Ministry of Defense of Ukraine, and other bodies of executive power (Article 6 of the Law). According to Article 7 of the Law, the Cabinet of Ministers of Ukraine carries out the following actions in the sphere of topographic, geodesic and cartographic activity:

- approves state specialized programs on satisfying the needs of Ukraine in topographic, geodesic and cartographic products;

- establishes unified state systems of coordinates, heights and gravimetric measurements;

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- determines the procedure of supplying, recording and storing the materials of the State Cartographic and Geodesic Fund of Ukraine, as well as their usage and management;

- makes decisions to use other geodesic systems of coordinates, heights and gravimetric measurements, and succeeding scales of state topographic maps and plans, on the territory of Ukraine;

- determines the procedure for state recording, registering and expert analysis of topographic, geodesic and cartographic works and their results;

- organizes for state control over topographic, geodesic and cartographic activity; - establishes the procedure for security of geodesic points; - resolves other issues.

Article 8 of the Law includes the following into the competence of a specially authorized central body of executive power in the issues of topographic, geodesic and cartographic activity:

- organizing topographic, geodesic and cartographic works; - carrying out cartographic monitoring of the territory of Ukraine, including the continental

shelf area and population centers; - organizing for astronomic, geodesic, gravimetric and cartographic reproduction works, and

aerospace photography for remote exploration of the Earth to study the natural resources and the state of the environment;

- coordinating topographic, geodesic and cartographic activity and carrying out methodical management of topographic, geodesic and cartographic works;

- developing and implementing state specialized programs in the sphere of topographic, geodesic and cartographic activity;

- creating, developing and ensuring the functioning of the national infrastructure of geospatial data, and of the system for standardization in the sphere of geodesics and cartography;

- studying permanent geographic objects on the territory of Ukraine; - performing state expert analysis of programs in the issues of topographic, geodesic and

cartographic activity, projects of topographic, geodesic and cartographic works, and their results;

- approving normative and technical documents in the issues of topography, cartography and geoinformation systems;

- preparing suggestions on creating specialized institutions and organizations required to provide for topographic, geodesic and cartographic activity, according to the established procedure;

- organizing for the participation of Ukraine in international cooperation in the sphere of topographic, geodesic and cartographic activity;

- facilitating supplying topographic, geodesic and cartographic enterprises, institutions and organizations with highly qualified specialists;

- improving the methods of organizing topographic and cartographic production; - carrying out state control over topographic, geodesic and cartographic activity; - carrying out other functions in the sphere of topographic, geodesic and cartographic activity

according to the Provision on the Specially Authorized Central Body of Executive Power in the Issues of Topographic, Geodesic and Cartographic activity.

The Competence of the Ministry of Defense of Ukraine and other bodies of executive power in the sphere of topographic, geodesic and cartographic activity is determined by Article 9 of the Law. According to Article 10 of the Law, the following must be ensured during topographic, geodesic and cartographic works:

- adhering to the requirements of the standards and normative and technical documents; - implementing progressive technologies and methods for organizing topographic, geodesic

and cartographic production;

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- developing, implementing and organizing software, hardware and technological support for

efficient use of digital maps and geoinformation systems; - carrying out tasks by methods and means that are safe for the public life and health, the state

of the environment and sites of historical and cultural significance; - graphical representation of the state borders of Ukraine and the boundaries of administrative

and territorial units, as well as borders of foreign states and other political, administrative and geographic elements, on maps;

- storing and recording topographic, geodesic, cartographic, aerial survey and space materials; - systematically analyzing the state astronomic and geodesic basis on the territory of Ukraine,

and the correspondence of cartographic materials to the current state of the land; - topographic, cartographic and cadastre photography, updating maps and plans,

photographing the continental shelf and water bodies in a single system of coordinates and heights.

Article 11 of the Law includes the following into state-wide topographic, geodesic and cartographic works:

- studying and determining the figure parameters and gravitational field of the Earth for this purpose;

- creating and updating state topographic maps and plans in the graphical, digital, photographic and other forms, with the precision and content that provide for carrying out statewide, defense, scientific, research and other tasks; publishing such maps and plans;

- creating, developing and maintaining the working state of the state geodesic network and the geodesic height network, including the fundamental gravimetric network and the first class gravimetric network, with the density and precision that provide for creating state topographic maps and plans and for carrying out statewide, defense, scientific, research and other tasks;

- creating and updating cadastre maps (plans), providing them, as well as the necessary topographic and geodesic information to users for maintaining the State Registration System for Land and Other Immovable Property, and for maintaining the data bank;

- determining permanent geographic objects on the territory of Ukraine; - remote exploration of the Earth by aerial and land methods, as well as using the data

acquired by remote exploration of the Earth from space in topographic, geodesic and cartographic activity, and geodynamic research based on the results of geodesic measurements;

- forming and maintaining the state and regional cartographic and geodesic funds; - creating and developing the national geospatial data infrastructure and the system for

standardization in the sphere of geodesics and cartography; - creating geoinformation systems; - designing, drafting and publishing general geographic, political and administrative,

scientific reference and other themed maps and atlases of interdepartmental relevance, and educational cartographic publications;

- topographic, geodesic, cartographic and hydrographic support for delimiting, demarcation and verification of the state border of Ukraine;

- mapping, including creating topographic maps of the Antarctica, the continental shelf, the World Ocean and foreign countries;

- scientific research and engineering design works in the field of geodesics, cartography, remote exploration of the Earth and other plants, metrological and regulatory support for topographic, geodesic and cartographic works;

- organizing serial production of geodesic and cartographic equipment.

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Organizing for state-wide topographic, geodesic and cartographic works is envisaged by Article 12 of the Law. According to Article 13, the following works are included in specialized topographic, geodesic and cartographic works:

- topographic, geodesic and cartographic support of cadastre work – creating, developing and maintaining the working order of specialized geodesic networks, creating, developing and updating the cartographic basis of the state cadastre, creating local coordinate systems, the procedure for maintenance of which is determined by the specially authorized central body of executive power in the issues of topographic, geodesic and cartographic activity;

- topographic, geodesic and cartographic support of bridge-building – creating geodesic and cartographic materials and data for land planning, design, construction and reconstruction of capital construction objects, creating engineering and transport infrastructure, and performing engineering exploration required for this;

- creating specialized (themed) geographical information systems; - creating themed maps, plans and specialized atlases in graphic, digital and other forms;

publishing such maps, plans and atlases; - geodesic, topographic, aerial survey and other specialized works carried out during other

explorations and specialized works; - scientific research and engineering research work in the above directions.

Article 16 of the Law is dedicated to the normative and technical documents in the sphere of topographic, geodesic and cartographic activity. Metrologic support of topographic, geodesic and cartographic activity includes a system of standards, references and technical specifications that are mandatory and determine the terms and names in the sphere, the proper usage of equipment during geodesic surveys, methods for controlling the quality of geodesic measurements, and other issues related to topographic, geodesic and cartographic activity. Metrologic support of topographic, geodesic and cartographic activity is carried out by the specially authorized central body of executive power in the issues of topographic, geodesic and cartographic activity, and the metrological service of the Armed Forces of Ukraine in cooperation with the State Committee of Ukraine for Standardization, Metrology and Certification, according to the procedure established by the legislation (Article 17 of the Law). The legal status of the Cartographic and Geodesic Fund of Ukraine is determined by Article 19 of the Law. Article 20 of the Law determines the procedure for using topographic, geodesic and cartographic materials. The locations of geodesic points are fixed in place by specialized engineering devices and structures (Article 22 of the Law). Demolition or reestablishment of geodesic points is done only by approval of the specially authorized central body of executive power in the issues of topographic, geodesic and cartographic activity and its divisions within the scope of their competence. Seizing land plots and allocating them for constructing geodesic points is carried out according to the procedure established by the land legislation of Ukraine. The land plots on which the geodesic points are located, including a strip of land one meter wide along the borders of geodesic points, are the exclusion zones of such points. The following is forbidden in exclusion zones:

- performing various agricultural works (storing supplies, keeping cattle, starting fires, etc.) and causing any damage to geodesic points;

- carrying out any works that could negatively impact the geodesic points.

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State geodesic supervision over topographic, geodesic and cartographic activity is carried out by the specially authorized central body of executive power in the issues of topographic, geodesic and cartographic activity. The procedure for state geodesic supervision is established by the Cabinet of Ministers of Ukraine (Article 24 of the Law). According to Article 26 of the Law, violation of the legislation on topographic, geodesic and cartographic activity leads to disciplinary, administrative, civil and criminal liability according to the legislation. Liability for violations in the sphere of topographic, geodesic and cartographic activity is borne by entities guilty of:

- violating norms, rules and standards during topographic, geodesic and cartographic work; - introducing changes into normative and technical documents without agreeing them with the

bodies that have approved the documents; - violating the procedure for recording and storing topographic, cartographic and aerial survey

materials, as well as gravimetric data; - violating the conditions of using topographic and geodesic materials, including unauthorized

copying of topographic, cartographic, air survey and gravimetric data, as well as unauthorized transmission of original materials and copies to other entities;

- failure to fulfill the instructions of the body carrying out state geodesic supervision; - violating the requirements on protection of geodesic points.

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On Waste Verkhovna Rada of Ukraine; Law from 05.03.1998 № 187/98-ВР http://zakon4.rada.gov.ua/laws/anot/en/187/98-%D0%B2%D1%80

The Law of Ukraine

On Waste

Date of Entry into Force: April 14, 1998

The Law of Ukraine “On Waste” (hereinafter referred to as “the Law”) defines legal, organizational and economic principles of activity connected with prevention or reduction of volumes of waste, their gathering, transportation, storage, processing, utilization and removal, making harmless and burial, as well as prevention of negative influence of waste on the environment and human health on the territory of Ukraine. The Law defines such terms as waste, dangerous waste, producer of waste, handling of waste, objects of handling of waste, the State classifier of waste, waste as secondary raw materials and other. Basic tasks of the legislation on waster are as follows:

- definition of basic principles of state policy in the field of handling of waste; - legal regulation of relations regarding activity in the field of handling of waste; - definition of basic conditions, requirements and rules regarding ecologically safe handling

of waste; - ensuring minimum creation of waste, extension of their use in economic activity, prevention

to harmful influence of waste on the environment and human health. The Law applies to relations connected with creation, gathering and stocking up, transportation, storage, processing (working), utilization, removal, making harmless and burial of waste that are created in Ukraine, are transported through its territory, exported from it, as well as relations connected with transportation, processing and utilization of waste that are imported into Ukraine as secondary raw materials. The Law defines basic principles and directions of state policy in the field of handling of waste. The Law also introduces regulation in the field of handling of waste according to which the following norms are set:

- limit indices of creation of waste in the technological processes; - specific indices of creation of waste, use and losses of raw materials in the technological

processes; - other norms envisaged by the legislation.

Norms in the sphere of handling of waste are worked out by the appropriate ministries, other central bodies of executive power, enterprises, institutions and organizations upon agreement with the specially authorized bodies of executive power in the field of handling of waste. The subjects of ownership right to waste are the citizens of Ukraine, foreigners, stateless persons, enterprises, institutions and organizations of all ownership forms, territorial communities, the Autonomous Republic of Crimea and the state. The subjects of ownership right own, use and dispose of waste within the limits defined by law.

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Waste that do not have the owner or which owner is unknown are considered ownerless. The procedure for reveal and record of ownerless waste is defined by the Cabinet of Ministers of Ukraine. The Law defines rights and duties of the citizens of Ukraine, foreigners, entrepreneurs, institutions and organizations in the field of handling of waste. So, the subjects of economic activity in the filed of handling of waste, in particular, are obliged:

- prevent creation and reduce volumes of waste; - ensure acceptance and utilization of used packing materials and package; - reveal and keep current primary record of quantity, type and structure of waste; - ensure full gathering, proper storage and non-admission of elimination and damage of

waste; - not to permit storage and removal of waste in unsanctioned places or objects; - pay for placement of waste timely and according to the set procedure; - grant information about waste and activity connected with them to the local bodies of

executive power and bodies of self-government, specially authorized bodies of executive power in the field of handling of waster;

- perform other duties envisaged by the legislation as regards to prevention of environmental pollution with waste.

The Law defines competence of bodies of executive power and local self-government in the field of handling of waste. In particular, it defines competence of the Cabinet of Ministers of Ukraine, of the Autonomous Republic of Crimea, local state administrations and bodies of local self-government, state sanitary epidemiological service of Ukraine, as well as specially authorized bodies of executive power in the field of handling of waste. To the competence of the specially authorized central body of executive power in the field of handling of waste and its local bodies in the field of handling of waste refer:

- coordination of work of other specially authorized central body of executive power in the field of handling of waste and control over the observation of requirements of ecological safety;

- carrying out state control over the observation of requirements of ecological safety; - holding according to set by the legislation procedure of state ecological expertise of

scientific research and technological developments and design estimation documents for building and reconstruction of enterprises, outfits, firing grounds, complexes, constructions, other specially allocated places or objects as regards to observation of the requirements of legislation and norms during creation, processing, utilization and removal of waste;

- carrying out control over keeping by the subjects of entrepreneurial activity of primary record of creation, gathering, processing, utilization and removal of waste and their certification;

- issue according to the law of permits to conducting operations in the sphere of handling of waste, etc.

The Law introduces the procedure for keeping record and certification of waste, in particular, of the register of objects of creation, processing and utilization of waste, keeping register of places for removal of waste, as well as conducting monitoring of places for creation, storage and removal of waste. The Law also defines measures and requirements regarding prevention or decrease of volumes of creation of waste and ecologically safe handling of them.

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Payment is imposed on the subjects of entrepreneurial activity for placement of waste. The amount of payment is set on the basis of norms calculated per unit of volume of created waste depending on the level of their danger and value of the territory on which they are placed. For placement of waste over the set limit payment is imposed in the increased amount. The Law sets responsibility for violations in the field of handling of waste and the procedure for compensation of damage caused due to violation of the legislation on waste.

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On Energy Industry Verkhovna Rada of Ukraine; Law from 16.10.1997 № 575/97-ВР http://zakon4.rada.gov.ua/laws/anot/en/575/97-%D0%B2%D1%80

The Law of Ukraine

On Energy Industry

Date of Entry into Force: November 20, 1997

The Law regulates relations that arise in connection with production, transfer, supply and use of energy, state supervision over safe fulfillment of works at the energy industry objects regardless of ownership forms, safe operation of energy equipment and state supervision over the consumption regimes of electric and heat energy. The objects of energy industry may be under different ownership forms. The list of objects of energy industry which shall not be subject to privatization is approved by the Verkhovna Rada of Ukraine upon submission of the Cabinet of Ministers of Ukraine. Privatization of objects of energy industry is performed in compliance with the legislation of Ukraine on privatization. The property that ensures integrity of the unified energy system of Ukraine and centralized dispatcher (operative and technological) management, main and interstate electric networks, as well as property of scientific institutions of national significance shall not be subject to privatization. State supervision in the field of energy industry is performed by the State Inspection on operation of electric stations and networks and the State Inspection on energy supervision over electric and heat energy consumption regimes according to the procedure set by the Cabinet of Ministers of Ukraine and other bodies defined by the legislation of Ukraine. State regulation of activity in the field of energy industry is performed by:

- granting licenses for conducting some types of activity in the field of energy industry; - forming tariff policy; - establishment of the procedure for conducting control over the activity of subjects of energy

industry, other participants of the wholesale market of electric energy; - setting responsibility for violation by them of conditions and rules of conducting activity at

the wholesale market of electric energy. The body that performs state regulation in the field of energy industry is the National Commission for Regulation of Electric Power Industry in Ukraine. This Commission issues special permit (license) for conducting activity on production, transfer and supply of electric energy. The license is issued separately for each type of activity. Wholesale tariffs for electric energy are formed at the wholesale market of electric energy of Ukraine according to the agreement. Wholesale tariffs may include expenses for joint financing of development of non-traditional sources of electric energy. For financing of building of wind electric stations, according to the Complex program on building of wind electric stations a special purpose extra charge is set in the amount of 0.75 per cent to the current tariff for the electric energy that is sold by the producers of electric energy at the wholesale market of electric energy of Ukraine. The enterprises that supply electric energy through the networks, which are not owned by them, shall buy electric energy at the wholesale market of electric energy of Ukraine and pay for the use of local electric networks.

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Retail price for electric energy is formed by the energy suppliers according to conditions and rules of conducting entrepreneurial activity on supply of electric energy. Tariffs for transfer and supply of electric energy through the local electric networks are regulated by the National Commission for Regulation of Electric Power Industry of Ukraine. Design and building (new building, extension, reconstruction and technical re-equipment) of energy industry objects are performed on the basis of the legislation on building. Equipment of energy industry objects is performed on tender basis. A special access regime is set at the energy industry objects. Especially important energy industry objects are protected by the departmental military guards in cooperation with the specialized subdivisions of other departments. The staff of the departmental military guards of energy industry objects is provided with fire-arms and special devices for self-defense. Energy industry enterprises shall observe the requirements of the legislation on the environmental protection. In case of violation of the legislation on the environmental protection decision about limitation, temporary prohibition (stop) or suspension of activity of electric stations, main and interstate electric networks is adopted by the Cabinet of Ministers of Ukraine. Strikes at the energy industry enterprises are prohibited in the cases when they may cause violation of the integrity of the unified energy system of Ukraine or heat supply in autumn and winter period. The Law covers the rights, duties and responsibility of electric energy suppliers and consumers of electric energy.

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On Ratification of the United Nations Framework Convention on Climate Change Verkhovna Rada of Ukraine; Law from 29.10.1996 № 435/96-ВР http://zakon4.rada.gov.ua/laws/anot/en/435/96-%D0%B2%D1%80

The Law of Ukraine

On Ratification of the United Nations Framework Convention on Climate Change

Date of Entry into Force: November 12, 1996

The Law of Ukraine “On Ratification of the United Nations Framework Convention on Climate Change” (hereinafter referred to as “the Convention”) approves this international Convention as mandatory for Ukraine. The Convention establishes the grounds for international cooperation in the field of efficient use of natural resources, which influence on the preservation of the world climate regime necessary to ensure human vital functions. This Convention was adopted to achieve the coordination of policies of the States Parties aimed at stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. Such a level should be achieved within a timeframe sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and to enable economic development to proceed in a sustainable manner. The Parties agreed that they will adhere to provisions of the Convention in implementing government policies in the above-mentioned area. The Parties should protect the climate system for the benefit of present and future generations of the humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. The specific needs and special circumstances of the developing States Parties, especially those that are particularly vulnerable to the adverse effects of climate change, and of those Parties, especially developing States Parties, that would have to bear a disproportionate or abnormal burden under the Convention, should be given full consideration. The Parties should take precautionary measures to anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects. Policies and measures to protect the climate system against human-induced changes should be appropriate for the specific conditions of each Party. The Parties should cooperate to promote a supportive and open international economic system that would lead to sustainable economic growth and development in all Parties, particularly developing States Parties, thus enabling them better to address the problems of climate change. Measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

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The Convention establishes rules for international cooperation on the following issues:

- the system for supervising and researching the state of air in the atmosphere; - education and training or personnel and provision of information to the public on

international activities in this area; - coordination of joint actions; - coordination of activities undertaken by cross-border bodies set up under this Convention

and other issues. The Convention shall enter into force on the ninetieth day after the date of depositing the fiftieth instrument of ratification, acceptance, approval, or accession. Ukraine ratified this Convention on October 29, 1996. At any time after three years from the date on which the Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary.

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On Ukraine's Accession to the Convention on the Conservation of European Wildlife and Natural Habitats, [...] Verkhovna Rada of Ukraine; Law from 29.10.1996 № 436/96-ВР http://zakon4.rada.gov.ua/laws/anot/en/436/96-%D0%B2%D1%80

The Law of Ukraine

On Ukraine's Accession to the Convention on the Conservation of European Wildlife and Natural Habitats, 1979

Date of Entry into Force:

November 13, 1996 The Law of Ukraine “On Ukraine's Accession to the Convention on the Conservation of European Wildlife and Natural Habitats, 1979) (hereinafter the Convention) approves as obligatory for Ukraine this international agreement with some reservations, in particular: In Ukraine limited regulation of number of Canis Lupus and Ursus arctos with the purpose of prevention of their negative influence on other populations, as well as bagging of Gallinago media due to large enough number and occurrence. The Law also forewarns that in Ukraine use of some means of capture of mammals and species of birds prohibited by the Convention shall be permitted. The Convention sets legal principles of international cooperation in the field of wildlife as well as European natural habitats. This Convention is aimed at conservation of wildlife flora and fauna and its natural habitats, especially those specimen and natural habitats which conservation requires cooperation of several states. The Contracting Parties shall take requisite measures to maintain the population of wild flora and fauna at, or adapt it to, a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements and the needs of sub-species, varieties or forms at risk locally. The Contracting Parties undertake to give special attention to the protection of areas that are of importance for the migratory species and which are appropriately situated in relation to migration routes. Contracting Parties has undertaken to include into their domestic legislation provisions which set administrative measures to prohibit the following actions in relation to some wildlife species enlisted in the Convention:

- all forms of deliberate capture and keeping and deliberate killing; - the deliberate damage to or destruction of breeding or resting sites; - the deliberate disturbance of wild fauna, particularly during the period of breeding, rearing

and hibernation; - the deliberate destruction or taking of eggs from the wild or keeping these eggs; - trade of wild animals, alive or dead.

The Convention foresees creation of Standing Committee which shall ensure fulfillment of set tasks. The Convention has come into force on June 1, 1992.

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On Railway Transport Verkhovna Rada of Ukraine; Law from 04.07.1996 № 273/96-ВР http://zakon4.rada.gov.ua/laws/anot/en/273/96-%D0%B2%D1%80

The Law of Ukraine

On Railway Transport

Date of Entry into Force: July 25, 1996

The Law of Ukraine “On Railway Transport” (hereinafter referred to as “the Law”) determines basic legal, economic and organizational principles of activity of railway transport of general use, its role in economy and social sphere of Ukraine, and also regulates its relationships with the bodies of executive power, bodies of local self-government, other types of transport, passengers, senders and recipients of cargos, luggage and mail taking into account the specific character of functioning of this type of transport as a unified production technological complex. Railway transport is one of important basic industries of Ukrainian economy, which ensures its internal and external transport economic relations and transportation needs of population. Activity of railway transport as a part of the state's unified transport system facilitates normal functioning of all branches of public production, social and economic development and strengthening the state's defense capacity, international cooperation of Ukraine. Railways in co-operation with other types of transport shall perform timely and high-quality transportation of passengers and cargos, provide safety of travel, and develop the sphere of transport service of national economy and population. With the purpose of ensuring state and public interests, freedom of entrepreneurship and forming of transport services market, safety of transportations and environmental protection the Cabinet of Ministers of Ukraine determines conditions and procedure for organization of activity of railway transport of general use, assists to its priority development, renders support in satisfaction of necessities of railways in rolling stock, material and technical, fuel and energy resources. Railway is a basic organizational link on railway transport. Creation, reorganization, liquidation and determination of territorial boundaries of railways, designation and dismissal of their heads is performed by the Decisions of the Cabinet of Ministers of Ukraine upon submission of the Ministry of Transport of Ukraine. Property, assigned to railways, enterprises, institutions and organizations of railway transport of general use is the national property. The property of railway transport enterprises of general use is managed by Ukrzaliznytsia within the limits of authorities determined by the current legislation of Ukraine. Ukrzaliznytsia makes decisions about assigning vehicles and their free of charge transfer by one railway or railway transport enterprise of general use to other railways and enterprises without change of ownership form. Transfer in lease, exchange and grant free of charge in a temporal use, as well as decommissioning of rolling stock and containers, which are in national ownership, is performed by railways and enterprises of railway transport of general use upon concordance with Ukrzaliznytsia. Privatization of integral property complexes, enterprises and structural subdivisions, which are not connected with activity of railways, separate inventory objects and unfinished construction objects that belong to railways and railway transport enterprises of general use is performed upon concordance with the Ministry of Transport of Ukraine and Ukrzaliznytsia according to the current legislation of Ukraine on privatization issues.

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Lands that are allotted for the necessities of railway transport are determined in accordance with the Land Code of Ukraine and the Law of Ukraine "On Transport". To the lands of railway transport refer lands of areas of railways allotment at the permanent way and its equipment, stations with all buildings and constructions of energy, locomotive, carriage, track, cargo and passenger economy, signaling and communication, water supply, lands under protective and fortifying plants, official, cultural and everyday buildings and other buildings necessary for ensuring work of railway transport. Transportation of cargos, passengers, luggage and mail by the railway transport of general use is organized on a contractual basis. In order to ensure implementation of contractual obligations perspective and current planning of transportations is carried out. Conditions and procedure for the organization of transportations, including direct mixed communication with participation of railways and other types of transport, quality norms of cargo transportations and servicing of passengers, senders and recipients of cargos are determined by the Railway Statute of Ukraine, the Rules of Cargo Transportations and the Rules of Passenger, Luggage and Mail Transportations by the railway transport of Ukraine. Establishment of tariffs on cargo, passenger and luggage transportation by the railway transport (except for suburban passenger transportations) within Ukraine is performed on the basis of budget, price and tariff policy according to the procedure determined by the Cabinet of Ministers of Ukraine. Tariffs on passenger and luggage transportation in suburban communication are set by the respective railways upon concordance with the local bodies of executive power. If the level of tariffs does not provide profitability of these transportations, losses of railways are covered from the local budgets. Tariffs on cargo, passenger and luggage transportation by the railway transport in international communication are set in accordance with the international agreements and the current legislation of Ukraine. Settlements for works and services, related to cargo, passenger, luggage, mail transportation, as regards to which the state regulation of tariffs is not carried out, are made by free tariffs which are determined upon the agreement between the parties according to the procedure that does not contradict to the legislation on protection of economic competition. Railways and railway transport enterprises of general use provide safety of life and health of the citizens who use their services, as well as safety of traffic of trains and environmental protection pursuant to the current legislation of Ukraine. Safety of train traffic is the complex of organizational and technical measures aimed at ensuring accident-free work and maintenance in permanent good condition of railway buildings, tracks, rolling stock, equipment, mechanisms and devices. Labor relations of the employees of railway transport of general use are regulated on the basis of the Labor Code of Ukraine, the Regulation "On Discipline of the Employees of Railway Transport of Ukraine" and other acts of the labor legislation of Ukraine. The peculiarities of working conditions, social everyday and housing provision, schedule of work and rest hours of some categories of the employees of railway transport of general use, whose work is directly connected with train traffic, are set by Ukrzaliznytsia pursuant to the current legislation of Ukraine upon agreement with the branch trade unions. The employees of railway transport of general use, who service passengers, are employed at the enterprises of passenger railway transport of general use on the contractual form of labor agreement. The list of categories of employees of railway transport, who are employed on the basis of the contractual form of labor contract, is approved by the Cabinet of Ministers of Ukraine.

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Ukrzaliznytsia, railways and other enterprises, institutions and organizations of railway transport of general use may act as subjects of foreign economic activity and carry it out on the basis of the current legislation of Ukraine and international agreements of Ukraine. For ensuring foreign economic relations of Ukraine the railways carry out international transportations in direct railway, direct mixed and indirect international communications. During international transportations railways have the right to compensation of losses connected with additional services which are not envisaged by the international agreements at the expense of a shipper and a consignee on the basis of agreements. Relations of railway transport enterprises with the owners of railway spur tracks, the procedure for and conditions of operation of these tracks, circulation of rolling stock, that does not belong to the railway transport of general use, are determined by the Railway Statute of Ukraine and agreements concluded on its basis. The owners of railway spur tracks, constructions and equipment, loading and unloading complexes which do not belong to the railway transport of general use by their carrying and cargo processing capacities shall ensure the necessary volumes of transportations, loading and unloading of vehicles, their storage and effective use. Railways, enterprises, institutions and organizations of railway transport of general use, have the right:

- to set the boundaries of areas of increased danger; - to impose fine on the shippers in amount and according to the procedure set by the Railway

Statute of Ukraine in case of untimely payment for transportation; - to require from shippers and consignees unconditional observation of requirements and

norms in relation to use of mechanization facilities of loading-unloading works, package, specialized containers, which eliminate damage of rolling stock, buildings and devices of track economy, and provide safety of cargos.

In the event of non-fulfillment or improper fulfillment of obligations under the agreement on organization of cargo transportations, the carriers bear responsibility for incomplete and untimely serve of carriages and containers for the implementation of transportation plan, and shippers - for non-use of given vehicles according to the procedure and in amounts that are determined by the Railway Statute of Ukraine. The carriers also bear responsibility for storage of cargo and luggage from the moment of their acceptance and until the delivery to the recipient, as well as for the observation of their delivery term within the frameworks determined by the Railway Statute of Ukraine. For non-preservation (loss, shortage, spoilage and damage) of cargo and luggage accepted to transportations the carriers shall bear responsibility in the amount of actually caused damage, unless they prove that loss, shortage, spoilage and damage occurred due to the reasons independent of them. Circumstances, which can serve as the ground for property responsibility of carriers, senders and recipients of cargo, luggage, and passengers, shall be certified by acts. Demands of shippers, consignees, passengers to the carriers in relation to violation of rights and legal interests are considered according to the claim and lawsuit procedure. The procedure for and terms of drafting acts, presentation and consideration of claims and lawsuits are determined by the Railway Statute of Ukraine in accordance with the current legislation of Ukraine.

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The Constitution of Ukraine Verkhovna Rada of Ukraine; Constitution, Law from 28.06.1996 № 254к/96-ВР http://zakon4.rada.gov.ua/laws/anot/en/254%D0%BA/96-%D0%B2%D1%80

The Constitution of Ukraine

Date of Entry into Force: June 28, 1996

According to the Constitution, Ukraine is a sovereign and independent, democratic, social and legal state. Ukraine is a unitary state. Ukraine is a republic. According to Article 3, a human being, his or her life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. State power in Ukraine is exercised on the principles of its division into the legislative, executive and judicial power. In Ukraine, the principle of the rule of law is recognized and effective. The Constitution of Ukraine has the highest legal force. Laws and other normative and legal acts are adopted on the basis of the Constitution of Ukraine and should conform to it. The state language of Ukraine is the Ukrainian language. The Constitution guarantees free development, use and protection of the Russian and other languages of national minorities in Ukraine. According to the Constitution, bodies of state power, bodies of local self-government, as well as their officials shall be obliged to act only on the grounds, within the limits of authority, and in the manner envisaged by the Constitution and laws of Ukraine. The state symbols of Ukraine are:

- the State Flag of Ukraine; - the State Coat of Arms of Ukraine; - the State Anthem of Ukraine.

The capital of Ukraine is the city of Kyiv. Citizens shall have equal constitutional rights and freedoms and shall be equal before the law. There shall be no privileges or restrictions base on race, skin color, political, religious and other beliefs, sex, ethnical and social origin, property status, place of residence, linguistic or other characteristics. The Constitution guarantees to each person:

- inalienable right to life; - the right to freedom, personal inviolability and security of residence; - privacy of mail, telephone conversations, telegraph and other communication; - non-interference in personal and family life; - freedom of movement, free choice of the place of residence, the right to free departure from

the territory of Ukraine, except for restrictions imposed by the law; - the right to freedom of thought and speech; - the right to own, use and dispose of their property and results of their intellectual and

creative activity;

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- the right to entrepreneurial activity, which is not prohibited by the law; - the right to labor; - the right the right to a standard of living sufficient for himself or herself and his or her

family that includes adequate nutrition, clothing and housing; - the right to an environment that is safe for life and health, and to compensation for damages

inflicted through the violation of this right; - the right to education, etc.

Human and civil rights and freedoms are protected by the court. Each person is guaranteed the right to challenge in court the decisions, actions or inactivity of government bodies, bodies of local self-government, officials and public servants. Everyone has the right to appeal for the protection of his or her rights to the Authorized Human Rights Representative of the Verkhovna Rada of Ukraine. According to Article 58, laws and other normative and legal acts have no retroactive force, except for cases, when they mitigate or eliminate responsibility of a person. Nobody can be responsible for actions, which were not recognized as violations by the law at the time when they were undertaken. Article 62 specifies the principle of the presumption of innocence: the individual is not guilty of a crime and cannot be subjected to criminal punishment, until their guilt is proven according to the legal procedure and established by the convicting sentence of a court. The Constitution obliges every person:

- to pay taxes and levies according to the procedure and in amounts established by the law; - to strictly abide by the Constitution of Ukraine and the laws of Ukraine, and not to encroach

upon the rights and freedoms, honor and dignity of other persons. The Constitution points out that ignorance of the law does not relieve from legal responsibility. Chapter ІІІ is dedicated to elections and referendums in Ukraine. The legal status of the Parliament - the Verkhovna Rada of Ukraine is determined by Chapter ІV. The Verkhovna Rada of Ukraine is the sole body of legislative power in Ukraine. The constitutional composition of the Verkhovna Rada of Ukraine is four hundred and fifty People's Deputies. People's Deputies are elected once in four years by way of a secret ballot on the basis of universal, equal and direct suffrage. A People's Deputy of Ukraine can be a Ukrainian citizen who is aged 21 on the day of elections, has the right to vote and has been residing in Ukraine for the past five years. People's Deputies of Ukraine are guaranteed immunity of a deputy. The Verkhovna Rada works in sessions. Each year, regular sessions of the Verkhovna Rada of Ukraine start on the first Tuesday of February and on the first Tuesday of September. The Parliament's sessions are open. A closed session is to be carried out by the decision of the majority from the constitutional composition of the Verkhovna Rada of Ukraine. Article 85 determines the authority of the Verkhovna Rada. Article 92 specifies the list of issues regulated exclusively by laws. According to Article 99, Ukraine's monetary unit is hryvnia. The National Bank of Ukraine shall ensure the hryvnia's stability.

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On behalf of the Verkhovna Rada, the Accounting Chamber shall oversee the spending of funds from the State Budget of Ukraine. The Authorized Human Rights Representative of the Verkhovna Rada of Ukraine exercises parliamentary control over the observance of constitutional human and citizens' rights and freedoms. The Head of the State is the President of Ukraine. He is the guarantor of the state sovereignty, territorial integrity of Ukraine, adherence to the Constitution of Ukraine, human and civil rights and freedoms. The President is elected by Ukrainian citizens once in five years by secret ballot on the basis of universal, equal and direct suffrage. The President of Ukraine can be Ukrainian citizen who is aged thirty-five, has the right to vote, has been residing in Ukraine for the past ten years before the day of the election and speaks the official state language. One and the same person cannot take the office of the President of Ukraine for more than two subsequent terms. Authorities of the President of Ukraine are determined by Article 106 of the Constitution. The highest body in the system of bodies of executive power is the Cabinet of Ministers of Ukraine. The Cabinet of Ministers of Ukraine is responsible to the President of Ukraine and is subordinated to and supervised by the Verkhovna Rada of Ukraine. The Cabinet of Ministers of Ukraine includes the Prime-Minister of Ukraine, the First Vice-Prime-Minister of Ukraine, three Vice-Prime-Ministers of Ukraine, and ministers. The Prime-Minister of Ukraine is appointed by the President of Ukraine upon the consent of the more than half from the constitutional composition of the Verkhovna Rada of Ukraine. The President of Ukraine upon the suggestion of the Prime-Minister of Ukraine appoints personal composition of the Cabinet of Ministers of Ukraine. Resignation of the Prime-Minister of Ukraine results in the resignation of the entire Cabinet of Ministers of Ukraine. Executive power in oblasts and regions, the cities of Kyiv and Sevastopol is exercised by local state administrations. The composition of local state administrations is formed by Heads of local state administrations. Heads of local state administrations are appointed and dismissed by the President of Ukraine upon the suggestion of the Cabinet of Ministers of Ukraine. While implementing their authorities, Heads of local state administration are accountable to the President of Ukraine and the Cabinet of Ministers of Ukraine, are subordinated to and supervised by bodies of executive power at a higher level. Local state administrations are subordinated to and supervised by councils on the part of authorities delegated thereto by relevant regional or oblast councils. Local state administrations are subordinated to and supervised by bodies of executive power at a higher level. According to Article 124, justice in Ukraine is administered exclusively by the courts. It is not allowed to delegate functions of a court, as well as to appropriate these functions by other bodies or officials. The jurisdiction of courts applies to all legal relations arising within the state. Legal proceedings are conducted by the Constitutional Court of Ukraine and courts of general jurisdiction. The Constitutional Court of Ukraine resolves issues related to the conformity of laws and other legal acts to the Constitution of Ukraine and provides official interpretation of the Constitution of Ukraine and laws of Ukraine. Authorities of the Prosecution Office of Ukraine are outlined in Chapter VII. The Ukrainian administrative and territorial system is made up of: the Crimean Autonomous Republic, oblasts, regions, cities, districts, settlements and villages.

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The Crimean Autonomous Republic is an integral part of Ukraine, and within the authority established by the Constitution of Ukraine it resolves issues included into its competence. The Crimean Autonomous Republic has its own Constitution of the Crimean Autonomous Republic, which is adopted by the Verkhovna Rada of the Crimean Autonomous Republic and approved by the Verkhovna Rada of Ukraine by at least one half from the constitutional composition of the Verkhovna Rada of Ukraine. Local self-government is the right of the territorial community - residents of villages or voluntary unification of residents of several villages, settlements and towns into rural community - to independently resolve local issues within the Constitution of Ukraine and laws of Ukraine. Regional and oblast councils are bodies of local self-government representing common interests of territorial communities of villages, settlements and towns. The issue of organizing the management of districts in cities belongs to the competence of city councils. Chapter XIII determines the procedure for introducing amendments to the Constitution of Ukraine.

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On Pipeline Transport Verkhovna Rada of Ukraine; Law from 15.05.1996 № 192/96-ВР http://zakon4.rada.gov.ua/laws/anot/en/192/96-%D0%B2%D1%80

The Law of Ukraine

On Pipeline Transport

Date of Entry into Force: June 15, 1996

The Law of Ukraine “On Pipeline Transport” (hereinafter refer to as “the Law”) defines legal, economic and organizational principles of activity of pipeline transport. The present law shall apply to relations in the field of pipeline transport designed for transportation of hydrocarbons, chemical products, water and other products and substances from the places of their location, mining, preparation or storage to the places of their processing or consumption, reloading and further transportation. Peculiarities of application of the Law regarding operation of industrial pipeline transport shall be defined by the Cabinet of Ministers of Ukraine. The pipeline system of Ukraine consists of major pipeline transport and industrial pipeline transport. The subjects of legal regulation of relations in the field of pipeline transport are legal entities and natural persons which activity directly refers to:

- state defense; - operation of pipelines; - ensuring security at the pipeline transport; - foreign economic relations in the field of pipeline transport, other.

Basic principles of state policy in the field of pipeline transport taking into account its priority in the economy of Ukraine are:

- ensuring reliable and safe operation of pipeline transport; - observation of ecological security of pipeline transport; - promotion of international cooperation in the sphere of pipeline transport, other.

Major pipeline transport has great economic and defense significance and is a state property of Ukraine. Privatization, as well as change of ownership of state enterprises of major pipeline transport shall be prohibited. Ownership forms of industrial pipeline transport shall be changed according to the current legislation. State management in the field of pipeline transport shall be conducted by central and local bodies of state executive power, representative bodies and bodies of local self-government within their competence in compliance with current legislation of Ukraine. During the special period direct management of enterprises of pipeline transport and control over their activity shall be carried out by bodies of the Ministry of Defense of Ukraine. Control in the field of pipeline transport shall be aimed at ensuring adherence to requirements of legislation on pipeline transport by bodies of state executive power, representative bodies and bodies of local self-government, as well as by the enterprises, establishments and organizations regardless of ownership forms and types of activity and by the citizens.

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State control in the field of pipeline transport shall be conducted by respective ministries and departments, state supervision and control bodies and other state bodies specially authorized thereto, as well as by representative bodies and bodies of local self-government according to the legislation of Ukraine. To the lands of pipeline transport shall refer land plots with land and overland pipelines and their constructions, as well as with land constructions of underground pipelines. Protection zones are set along the pipelines. Land within protection zones shall not be withdrawn, but shall be used with limitations (burdens) according to law or agreement. The procedure of setting, volume and regime of use of protection zone of the pipeline transport object shall be determined by the legislation of Ukraine. Enterprises, establishments and organizations of pipeline transport shall take, store, reload and transport by the pipelines, including transit of hydrocarbons, chemical products, water and other products and substances on the basis of agreements taking into account economic efficiency and carrying capacity of major pipelines. Economic and social relations of enterprises, establishments and organizations of pipeline transport, which arise in the process of their activity, shall be grounded on the principles of mutual benefit. Foreign economic activity of enterprises, establishments and organizations of pipeline transport shall be regulated by legislative acts of Ukraine which regulate foreign economic relations. Activity related to design, building, repair and operation of objects of pipeline transport shall be conducted on the basis of special permit (license) and shall be subject to obligatory certification. Licenses shall be issued by central bodies of state executive power authorized thereto under the procedure set by the Cabinet of Ministers of Ukraine. Enterprises, establishments and organizations of pipeline transport shall be entitled to:

- control performance of works defined by the Rules of major pipelines protection which are approved by the Cabinet of Ministers of Ukraine;

- priority provision upon their request with material technical resources in the required volumes, range and of proper nomenclature through the state order system;

- power saving of the objects of pipeline transport by the first category of reliability, other. Enterprises, establishments and organizations of pipeline transport shall ensure:

- taking into operation of objects which were built without violation of building norms and rules;

- reimbursement to land owners and lad users of damage caused during liquidation of accidents and repair;

- protection of objects of pipeline transport, other. Responsibility for violation of legislation on pipeline transport shall be born by the persons guilty of:

- non-observation of the Rules of major pipelines protection; - spoilage in the process of production of low-quality building and construction materials,

component equipment of objects of pipeline transport; - non-observation of security rules by the enterprises of pipeline transport, including

ecological security; - non-execution of orders and instructions of state control and supervision bodies; - non-fulfillment of agreed cooperation plans during emergencies, other.

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On Handling Radioactive Wastes Verkhovna Rada of Ukraine; Law from 30.06.1995 № 255/95-ВР http://zakon4.rada.gov.ua/laws/anot/en/255/95-%D0%B2%D1%80

The Law of Ukraine

On Handling Radioactive Wastes

Date of Entry into Force: August 30, 1995

The Law of Ukraine “On Handling Radioactive Wastes” (hereinafter referred to as “the Law”) aims at ensuring of human and environmental protection from the harmful influence of radioactive wastes at present and in future and applies to all types of activity with radioactive wastes. Basic principles of state policy in the field of handling radioactive wastes are:

- priority defense of life and health of personnel, population and natural environment from influence of radioactive wastes pursuant to the state norms of radiation safety;

- differentiation of functions of state control and management in the field of handling radioactive wastes;

- implementation of state policy in the field of handling radioactive wastes by development and fulfillment of the long-term Governmental Program on Handling Radioactive Wastes;

- revision and approval of the Governmental Program on Handling Radioactive Wastes every three years;

- providing minimum level of formation of radioactive wastes, which it is possible to attain in practice, other.

The Governmental Program on Handling Radioactive Wastes shall be financed from the special State Fund for handling radioactive wastes. The Special Fund is formed of:

- special purpose deductions of enterprises, institutions and organizations, as a result of activity of which radioactive wastes are formed. The amount of deduction is determined proportionally to the amount of created wastes;

- payments of enterprises, institutions and organizations for temporal storage of radioactive wastes on their territories which are counted proportionally to the term of storage and are such, that stimulate the transfer of radioactive wastes to the specialized enterprises for conditioning and burial, other receipts.

Chapter two of the Law is devoted to the issues of competence of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Autonomous republic of Crimea, local bodies of state executive power and bodies of local self-government in the field of handling radioactive wastes. The subject to state regulation of safety in the field of handling radioactive wastes shall be the following types of activity:

- keeping the state accounting of radioactive wastes, the State Cadastre of depositories of radioactive wastes, places of their burial and places of their temporal storage;

- project and searching works on the choice of grounds for placing the objects intended for handling radioactive wastes;

- transport and storage of radioactive wastes.

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State regulation in the field of handling radioactive wastes is carried out by the Ministry of Environmental Protection and Nuclear Safety of Ukraine, the Ministry of Health of Ukraine, the Ministry of Internal Affairs of Ukraine and other bodies of state executive power according to the legislation. Legal entities and natural persons, which have issued according to the set procedure permit of body of state regulation of nuclear and radiation safety to conduct the respective type of activity (licensees), are eligible for handling radioactive wastes. Burial of radioactive wastes is performed only by the specialized enterprises on handling radioactive wastes at presence of appropriate license issued according to the set by the legislation procedure. The producers of radioactive wastes deliver them to the specialized enterprises on handling radioactive wastes in accordance with the ratified norms, rules and standards. Radioactive wastes are transferred to the state ownership after signing the document on the transfer of radioactive wastes from the licensee, as a result of activity of which they are formed. Until the transfer of radioactive wastes to the state ownership the licensee, as a result of activity of which radioactive wastes are formed, bears responsibility for radiation protection and safety during handling radioactive wastes. Preliminary processing and processing of radioactive wastes may be carried out by the licensee at the enterprises and in the institutions, where they are formed. The state accounting of radioactive wastes is conducted with the purpose of avoidance of the possibility of radioactive wastes uncontrolled accumulation and provision of operative control over location and moving of radioactive wastes, terms of their storage and burial. The state accounting of radioactive wastes includes keeping of the State Register of radioactive wastes and the State Cadastre of depositories of radioactive wastes and the list of places of temporal storage of radioactive wastes. Storage and burial of radioactive wastes is permitted only in the depositories of radioactive wastes, which are specially assigned for this purpose. During storage or burial of radioactive wastes reliability of their isolation from the natural environment is provided by the system of natural and artificial barriers. Radiation safety of depositories of radioactive wastes in ordinary conditions is provided by the observance of norms, rules and standards on nuclear and radiation safety. Provision of physical protection during handling radioactive wastes foresees the unified system of planning, coordination and control over the complex of organizational and technical measures, aimed at prevention of unauthorized penetration into the depositories, access to radioactive wastes and their use, at timely reveal and stopping of any encroachments on integrity and inviolability of buildings. Activity related to handling radioactive wastes is prohibited, unless measures related to provision of physical protection are taken. Operation of the depositories of radioactive wastes is permitted after the receipt of the license to the right to handle radioactive wastes. Operation of the depositories of radioactive wastes is performed in accordance with the norms, rules and standards on nuclear and radiation safety with the provision of radiation monitoring on the state the depositories of radioactive wastes. Closing of depositories of radioactive wastes is performed upon the decision of body of state administration in the field of handling radioactive wastes, which is agreed with the body of state regulation of nuclear and radiation safety. Stopping acceptance of radioactive wastes and closing down the depository of radioactive wastes is conducted pursuant to the project of closing of depositories of radioactive wastes and norms, rules and standards of radiation safety. After closing the depository of radioactive wastes the decrease of possibility of unauthorized access to the closed down depository shall be ensured.

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Land plots, allotted for the depositories of radioactive wastes or objects intended for handling radioactive wastes, are granted for the whole period defined by the project operation and closing down pursuant to the land legislation. Land plots allotted for the depositories of radioactive wastes shall be taken off economic circulation and marked off from the adjacent territories by the sanitary protective areas. Residence of population, carrying out scientific researches without special permits and any other activity that does not ensure the regime of radiation safety shall be prohibited within the sanitary protective areas. The citizens, who live or work in the district of location of depositories of radioactive wastes and objects intended for handling radioactive wastes, have the right to compensation for the damage caused by these depositories and objects. Social protection of the personnel, which works with radioactive wastes, includes: mandatory state medical insurance; privileges in relation to determination of retirement age, shortening of working day, calculation of raise to salary and receipt of loans, etc. The persons guilty of violation of legislation on handling radioactive wastes shall bear responsibility for:

- handling radioactive wastes without the proper license; - non-fulfillment of license terms during handling radioactive wastes; - delivery, assemble and putting in operation of defective equipment; - unauthorized import or export of radioactive wastes outside Ukraine, other.

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The Water Code of Ukraine Verkhovna Rada of Ukraine; Code of Ukraine, Law, Code from 06.06.1995 № 213/95-ВР http://zakon4.rada.gov.ua/laws/anot/en/213/95-%D0%B2%D1%80

The Water Code of Ukraine

Date of Entry into Force: July 20, 1995

All waters (water objects) on the territory of Ukraine are the national wealth of the Ukrainian people, one of natural grounds for their economic development and social welfare. Water objects referred according to the set by legislation procedure to the territories and objects of natural reserve fund are protected and use according to the requirements set by the Law of Ukraine “On Natural Reserve Fund of Ukraine”. The task of water legislation is regulation of legal relations with the purpose of ensuring preservation, scientifically grounded, efficient use of waters for the needs of population and branches of economy. The water fund of Ukraine is formed by all waters on its territory. The water fund of Ukraine includes:

1) surface waters (natural ponds (lakes), water flows (rivers, wells), artificial water reservoirs (storage ponds, lakes) and channels, other water objects);

2) underground waters and wells; 3) internal sea waters and territorial sea.

To the lands of water fund refer the lands occupied by:

- seas, rivers, lakes, storage ponds, other natural ponds, swamps, as well as islands; - coastal protective zones along seas, rivers and around natural ponds; - hydro technical, other water constructions and channels, as well as lands allotted as adjacent

zones thereto; - coastal zones of water routes.

Waters (water objects) are exclusive property of the Ukrainian people and are granted only in use. The Ukrainian people exercise the ownership right to waters (water objects) through the Verkhovna Rada of Ukraine, the Supreme Council of the Autonomous Republic of Crimea and local councils. The Water Code of Ukraine defines the authorities of bodies of state power and local self-government in the field of management and control over use and protection of waters and reproduction of water resources. The state control over use and protection of waters and reproduction of water resources is performed by the Cabinet of Ministers of Ukraine, state bodies on environmental protection and other specially authorized state bodies in compliance with the legislation of Ukraine. Organizational and economic measures regarding ensuring efficient use and protection of waters and reproduction of water resources envisage:

1) issue of permits to special use of water; 2) setting norms and amounts of fees for the special use of water and throw out of

contaminants;

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3) deleted; 4) granting tax, credit and other privileges to the users provided that they introduce low-waste,

and no-waste, energy and resource saving technologies, conducting other measures that decrease negative influence on waters in compliance with the legislation;

5) compensation according to the set procedure of losses caused to water objects in case of violation of the legislation.

Fee for special water use is imposed with the purpose of stimulating efficient use and protection of waters, reproduction of water resources and includes fee for use of water of water objects and for throw out of contaminants. The amount of fee for use of water is defined on the basis of norms of fee, actual volumes of used water and set limits of use of water. Fee for water lost during transportation is imposed on the owners of water supplying networks. 80 % of fee for use of water from water objects of state significance are allocated to the State Budget of Ukraine and the rest – to the oblast budgets. 50 % of fee for use of water from water objects of state significance on the territory of the Autonomous Republic of Crimea are allocated to the State Budget of Ukraine and 50 % – to the budget of the Autonomous Republic of Crimea. Fee for use of surface waters for the needs of hydro-energetic, fishery and water transport, as well as for losses of water during its transportation is allocated to the State Budget of Ukraine in the amount of 100%. Water protective zones are set along rivers, seas and around lakes, water reservoirs and other ponds for creation of favorable treatment of water objects, prevention of their pollution, litter and exhaustion, elimination of water plants and animals, as well as reduction of variation of flow. In some cases mining of sand and gravel outside the lands of water fund on a dry part of flood-lands, in old river-beds may be permitted in the water protective zone upon agreement with the state bodies on environmental protection, protection of water economy and geology. Land plots under coastal protective zones are allotted for protection of surface water objects from contamination and liter and preservation of their water level along rivers, seas and around lakes, storage reservoirs and other ponds within the boundaries of water protective zones. Coastal protective zones are set on both river coasts and around ponds along the water abridgment (coastal line). Users of water in Ukraine may be legal entitles and natural persons. Users of water may be:

1) primary and secondary. Primary are those that have own water taking constructions and appropriate equipment for water taking. Secondary water users are those who do not have own water taking constructions, obtain water from the water taking constructions of primary water users and throw out sewage into their systems under the conditions established between them. Secondary water users may throw out sewage into the water objects also on the basis of permits to special use of water;

2) general and special. General use of water is performed by the citizens for satisfaction of their needs free of charge, without assigning water objects to separate entities and without granting respective permits. Special water use means taking water from water objects by means of constructions or technical devices, use of water and throw out of contaminants into water objects, including taking water and throw out of contaminants with reverse waters using channels. Special water use may be short-term (up to three years) or long-term (from three to twenty five years).

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The right of legal entities and natural persons to special use of water shall be terminated in case if:

1) there is no need in special water use; 2) the term of special water use is expired; 3) enterprises, institutions or organizations are liquidated; 4) water constructions are transferred to other water users; 5) water object is recognized as such that has special state significance, scientific, cultural or

medicinal value; 6) violation of conditions of special use of water and water protection; 7) arising of the necessity of top-priority satisfaction of drinking and economic everyday needs

of population; 8) systematic non-payment of fee in the terms defined by the legislation.

The Code contains provisions that regulate peculiarities of special water use and use of water objects for:

- the purposes of curing, resort and health improvement; - needs of branches of economy.

Disputes regarding use and protection of waters and reproduction of water resources are considered by the state bodies on protection of environment, water economy, geology, local councils, court or court of arbitration according to the procedure set by the legislation. Disputes, that arise with other states, as regards to use and protection of waters, as well as between foreign legal entities and citizens and the owner of waters shall be considered according to the legislation of Ukraine. Violation of water legislation results in disciplinary, administrative, civil and legal or criminal responsibility according to the legislation of Ukraine. Legal entities and natural persons shall compensate losses caused by them as a result of violations of water legislation in amounts and according to the procedure set by the legislation of Ukraine. Compensation of losses does not exempt the guilty from payment of fee for special use of water, as well as from the need of conducting measures regarding liquidation of harmful consequences.

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On Ecological Examination Verkhovna Rada of Ukraine; Law from 09.02.1995 № 45/95-ВР http://zakon4.rada.gov.ua/laws/anot/en/45/95-%D0%B2%D1%80

The Law of Ukraine

On Ecological Examination

Date of Entry into Force: March 16, 1995

The Law of Ukraine “On Ecological Examination” regulates public relations in the sphere of ecological examination in order to ensure ecological security, environmental protection, efficient use and reproduction of natural resources, protection of ecological rights, interests of citizens and state. Ecological examination in Ukraine is a kind of scientific practical activity which is based on inter-branch ecological research, analysis and evaluation of pre-project, project and other materials or objects. These types of activity allow to make conclusions about compliance of planned or carried out activities with norms and requirements of legislation on environmental protection, efficient use and reproduction of natural resources, ensuring of ecological security. Ecological examination shall be conducted as regards to materials and objects which may negatively influence or influence condition of environment. It shall be carried out by the specially authorized state bodies, ecological expert formations or unions of citizens. Ecological examination is aimed at prevention of negative influence of anthropogenic activities on the condition of environment and people's health as well as evaluation of degree of ecological safety of economic activity as well as ecological situation on separate territories and objects. The objects of ecological examination shall be:

- drafts of legislative and other normative legal acts; - pre-project, project materials, documents on implementation of new equipment,

technologies, materials, substances, products which sale may cause violation of ecological norms or negatively influence on condition of environment;

- ecological situations which formed in separate settlements and regions; - objects and complexes which have minor negative influence on condition of environment.

The subjects of ecological examination shall be:

- specially authorized central body of executive power on ecology and natural resources issues, its local bodies, created by them specialized establishments, organizations and ecological expert departments or commissions;

- other state bodies, local councils, bodies of executive power; - ecologically oriented public organizations (non-government organizations) or created by

them specialized formations; - other establishments, organizations and enterprises, including foreign legal entities and

natural persons who are engaged in conducting ecological examination; - separate citizens.

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There are the following forms of ecological examination:

- state; - public; - other ecological examinations.

Conclusions of the state ecological examination shall be compulsory for fulfillment and conclusions of public and other ecological examinations shall have recommendation character. The Law determines the list of objects which shall be subject to the state ecological examination. Public or other ecological examinations may be performed in relation to any objects. The Law determines competence in the field of ecological examination of the following bodies: the Verkhovna Rada of Ukraine; the Supreme Council of Autonomous Republic Crimea; the Cabinet of Ministers of Ukraine; local councils; specially authorized central bodies of executive power on ecology and natural resources issues; unions of citizens and other public formations. The Law establishes rights and duties of expert on ecological examination, guarantees of his/her independence. The procedure of conducting ecological examination envisages:

- check-up of availability and completeness of necessary materials and properties for the objects of ecological examination and creation of ecological expert commissions (groups) (the preparatory stage);

- analytical processing of materials of ecological examination (the main stage); - general summarizing of the information received from separate expert researches and of

consequences of activities of examined objects, drafting conclusion of ecological examination and giving it to interested bodies and persons (the final stage).

The Law determines deadlines of conducting state ecological examination and the term therein conclusions of the state ecological examination shall be valid. Ecological examinations may be financed from the following sources: customer's funds, funds of state or local budgets, off-budget funds for environmental protection. The Law enlists actions which shall be considered violations of the Law on ecological examination.

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On Use of Nuclear Power and Radiation Safety Verkhovna Rada of Ukraine; Law from 08.02.1995 № 39/95-ВР http://zakon4.rada.gov.ua/laws/anot/en/39/95-%D0%B2%D1%80

The Law of Ukraine

On Use of Nuclear Power and Radiation Security

Date of Entry into Force: April 13, 1995

The Law of Ukraine “On Use of Nuclear Power and Radiation Security” determines rights and duties of citizens in the sphere of use of nuclear power, regulates activity connected with use of nuclear plants and sources of ionizing radiation. To nuclear legislation the Law refers the acts of legislation of Ukraine which regulate relations in the sphere of nuclear power use. The Law determines basic principles of radiation protection and of state policy in the sphere of nuclear power use and of radiation protection. This Law shall be applied to all types of activity in the sphere of nuclear power use, in particular:

- placing, projecting, building, putting in operation, operation and taking out of operation of nuclear plants, sources of ionizing radiation;

- conducting scientific investigations on use of nuclear plants, sources of ionizing radiation, nuclear materials;

- state control over radiation situation on the territory of Ukraine. Nuclear plants and sources of ionizing radiation are in different forms of ownership, but nuclear materials shall be principally state property. Citizens and their unions shall have the right to get from enterprises, establishments and organizations information related to nuclear plant or object designed for handling radioactive waste, except for the information which is state secret. Citizens and their unions shall also have the right to participate in discussing draft laws and programs in the sphere of nuclear power use. They shall have the right to take part in discussing questions connected with placing, projecting, building, putting in operation, operation and taking out of operation of nuclear plants and sources of ionizing radiation. The Law determines competence of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, Autonomous Republic Crimea, local bodies of executive power and local self-government in the sphere of use of nuclear power and radiation security. The state regulation of safe use of nuclear power shall be performed by: the Ministry of Environmental Protection and Power Security of Ukraine; the Ministry of Health of Ukraine; other bodies of executive power. At the same time the Cabinet of Ministers of Ukraine shall determine the body which will conduct state management in the sphere of nuclear power use and of radiation security. This body shall create respective state inspections which shall have the right to supervise adherence to requirements of nuclear and radiation security. Head of these state inspections shall be the Chief State Inspector of Ukraine on nuclear security. He shall be appointed by the Cabinet of Ministers of Ukraine.

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The Law enlists activities in the sphere of nuclear power use which shall be regulated by the state. In order to conduct such activities it is necessary to obtain permit in the sphere of nuclear power use. The procedure of placing, building, putting in operation and taking out of operation nuclear plants and objects designed for handling nuclear waste and the procedure of closing depository for burial is also inscribed by this Law. The Law also establishes state system of guarantees. This system will not allow to use for military purposes those nuclear materials, equipment and technologies which are used for peaceful purposes. The procedure of handling nuclear waste and transportation of nuclear materials is also determined by the Law. The Law ensures radiation safety of patients and staff of medical establishments, when sources of ionizing radiation are used for medical purposes. Peculiarities of export and import of nuclear plants, equipment, technologies, nuclear materials, sources of ionizing radiation, special non-nuclear materials and services in the sphere of nuclear power use are determined in the Law. Physical protection of nuclear plants, nuclear materials, nuclear waste and other sources of ionizing radiation is established with the purpose of excluding acts of nuclear terrorism as well as in order to strengthen regime of nuclear arms non-proliferation. The Law sets responsibility for nuclear harm and enumerates violations in the sphere of nuclear power use.

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On Ratification of the Convention on Biological Diversity Verkhovna Rada of Ukraine; Law from 29.11.1994 № 257/94-ВР http://zakon4.rada.gov.ua/laws/anot/en/257/94-%D0%B2%D1%80

The Law of Ukraine

On Ratification of the Convention on Biological Diversity

Date of Entry into Force: December 19, 1994

The Law of Ukraine “On Ratification of the Convention on Biological Diversity” ratifies the Convention on Biological Diversity (hereinafter the Convention), signed on behalf of Ukraine in Rio de Janeiro on June 11, 1992. The objectives of this Convention, to be pursued in accordance with its relevant provisions, are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding. Subject to the rights of other States, and except as otherwise expressly provided in this Convention, the provisions of this Convention apply, in relation to each Contracting Party:

- in the case of components of biological diversity, in areas within the limits of its national jurisdiction;

- in the case of processes and activities, regardless of where their effects occur, carried out under its jurisdiction or control, within the area of its national jurisdiction or beyond the limits of national jurisdiction.

Each Contracting Party shall, in accordance with its particular conditions and capabilities:

- develop national strategies, plans or programs for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programs which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned; and

- integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programs and policies.

Each Contracting Party shall, as far as possible and as appropriate:

- identify components of biological diversity important for its conservation and sustainable use;

- monitor, through sampling and other techniques, the components of biological diversity paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use;

- identify processes and categories of activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity, and monitor their effects through sampling and other techniques and other.

Each Contracting Party shall, as far as possible and as appropriate, adopt economically and socially sound measures that act as incentives for the conservation and sustainable use of components of biological diversity.

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Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. Each Contracting Party shall endeavor to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention. Each Contracting Party, recognizing that technology includes biotechnology, and that both access to and transfer of technology among Contracting Parties are essential elements for the attainment of the objectives of this Convention, undertakes subject to the provisions of this Article to provide and/or facilitate access for and transfer to other Contracting Parties of technologies that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources and do not cause significant damage to the environment. Each Contracting Party undertakes to provide, in accordance with its capabilities, financial support and incentives in respect of those national activities which are intended to achieve the objectives of this Convention, in accordance with its national plans, priorities and programs. A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the Executive Director of the United Nations Environment Program not later than one year after the entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to them by the Secretariat, it is supported by at least one third of the Parties. The Conference of the Parties shall by consensus agree upon and adopt rules of procedure for itself and for any subsidiary body it may establish, as well as financial rules governing the funding of the Secretariat. At each ordinary meeting, it shall adopt a budget for the financial period until the next ordinary meeting. In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. Each Contracting Party to this Convention shall have one vote. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Contracting Parties to this Convention or the relevant protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa. No reservations may be made to this Convention. At any time after two years from the date on which this Convention has entered into force for a Contracting Party, that Contracting Party may withdraw from the Convention by giving written notification to the Depositary. The Secretary-General of the United Nations shall assume the functions of Depositary of this Convention and any protocols. The Convention is supplemented with two Annexes which deal with monitoring and arbitration

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The Code of Ukraine on Bowels Verkhovna Rada of Ukraine; Code of Ukraine, Law, Code from 27.07.1994 № 132/94-ВР http://zakon4.rada.gov.ua/laws/anot/en/132/94-%D0%B2%D1%80

The Code of Ukraine on Bowels

Date of Entry into Force: August 31, 1994

Bowels is a part of the earth’s crust that is located below the surface of dry land and bottom of water basins and stretches to the depths accessible to geological research and development. Land, forestry and water relations are regulated by the respective legislation of Ukraine. Bowels is an exclusive property of the Ukrainian people and is lent only in use. Agreements or actions which violate the property right of the Ukrainian people to bowels directly or indirectly shall be deemed invalid. The state fund of bowels includes bowels areas in use, as well as bowels areas that are not used including those of continental shelf and exclusive (maritime) economic zone. All deposits of minerals, including technogenic, with resources evaluated as industrial constitute the State Fund of mineral deposits and all previously evaluated mineral deposits make the reserve of this fund. Deposits, including technogenic, reserves and displays of deposits shall be subject to registration in the state cadastre of mineral deposits and displays (performed according to the procedure set by the Cabinet of Ministers of Ukraine) and state balance of mineral stores. Deposits of solid, liquid and gas minerals shall be developed and mineral raw materials shall be processed according to the approved projects and plans of works, rules of technical operation and bowels protection. Rules of technical operation, projects and plans of mineral deposits development and mineral raw materials processing shall be agreed by the bowels users with the Ministry for Environmental Protection of Ukraine and the State Committee of Health and Safety at Work of Ukraine. Unauthorized use of bowels and building of mineral deposits areas with the violation of the established procedure shall be stopped without the compensation of sustained expenses. Enterprises, institutions, organizations and citizens shall reimburse expenses caused as a result of violation of the legislation on bowels. The Code enlists:

- authorities of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Supreme Council of the Republic of Crimea, oblast, Kyiv and Sevastopol city councils of deputies, village, settlement, city and district councils of deputies in the field of geological research, use and protection of bowels;

- rights and duties of bowels users. Users of bowels may be enterprises, institutions, organizations, citizens of Ukraine, as well as foreign legal entities and citizens. Bowels are rendered in permanent (without the previously set term) or temporary use which may be short-term (up to five years) and long-term (up to twelve years).

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Special permits to use of bowels within the boundaries of particular plots shall be issued to the specialized enterprises, institutions, organizations, as well as citizens that have respective qualification, material technical and economic resources for the use of bowels. Issue of special permits to bowels use shall be performed after previous agreement with the respective Council of deputies of land plot rendering. Land plots for the use of bowels shall be granted to the users of bowels after they receive special permits to use of bowels or mining lease. Mining lease is a part of bowels that is rendered to the users for industrial development of mineral deposits and goals that are not connected with mining of minerals. Use of bowels beyond the mining lease shall be prohibited. Mining lease for:

- the development of mineral deposits of national importance, building and operation of underground constructions and other goals that are not connected with mining of minerals shall be granted by the State Committee of Health and Safety at Work of Ukraine;

- the development of mineral deposits of local importance shall be rendered by the Supreme Council of the Republic of Crimea, oblast, Kyiv and Sevastopol city councils of deputies and shall be subject to registration in the bodies of state mining supervision.

Payment is levied for the use of bowels. The payment includes:

- charges for the use of bowels; - deductions for geological exploration works conducted at the expense of the state budget; - duty for the issue of special permits; - excise.

Payments for the use of bowels may be levied as one-time payment and (or) regular payments which are determined on the basis of respective ecological and economic calculations. The norms of payment for the use of bowels and the procedure for its levy shall be set by the Cabinet of Ministers of Ukraine. Payment for the use of bowels does not exempt the users from other obligatory payments that are envisaged by the legislative acts of Ukraine. Payment for the use of bowels may be performed in money, as well as au naturel. Basic requirements in the field of bowels protection are as follows:

- provision of full and complex geological research of bowels; - adherence to the established by the legislation procedure for granting bowels into use and

exclusion of unauthorized use of bowels; - rational mining and use of mineral deposits and their components; - exclusion of harmful influence of works connected with the use of bowels on the

preservation of mineral deposits, operating or suspended mines and wells, as well as underground constructions;

- protection of mineral deposits from flooding, flowage, fire and other factors that influence the quality of minerals and industrial value of deposits or complicate their development;

- and other. Liquidation and conservation of mining objects or their parts shall be performed upon agreement with the bodies of state mining supervision and other bodies concerned according to the procedure established by the State Committee of Health and Safety at Work of Ukraine. Disputes regarding use of bowels are considered by the bodies of state geological control, state mining supervision, environmental protection, local Councils of deputies, court or arbitration court according to the procedure established by the legislation of Ukraine. Local Councils of deputies settle disputes connected with use of bowels, development of mineral deposits of local importance, peat and fresh underground water.

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Disputes regarding use of bowels that arise with other states, as well as between foreign legal entities or citizens and the bowels owner shall be considered in compliance with the legislation of Ukraine. If an international agreement establishes the rules other than those prescribed in the legislation of Ukraine on bowels the rules of international agreement shall apply.

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On Energy-Saving Verkhovna Rada of Ukraine; Law from 01.07.1994 № 74/94-ВР http://zakon4.rada.gov.ua/laws/anot/en/74/94-%D0%B2%D1%80

The Law of Ukraine

On Energy-Saving

Date of Entry into Force: July 26, 1994

According to the Law, energy-saving is the activity aimed at efficient use and economical spending of primary and processed energy and natural energy resources in the national economy. This activity is carried out applying technical, economic and legal methods. The objects of legal regulation of the legislation on energy-saving are relations in the sphere of functioning of Ukrainian energy, projecting, creation and implementation of scientific and design works connected with the increase of the effectiveness of fuel and energy use, informational provision of national economy and population on the energy-saving issues, as well as in the sphere of management and control of fuel and energy resources use. The subjects of legal relations in the sphere of energy-saving are legal entities and natural persons which perform:

- energy-saving policy and energy-saving measures in all branches of economy; - mining, processing, transportation, manufacturing, storage and use of all kinds of fuel,

thermal and electric energy; - manufacturing and delivery of energy end energy consuming equipment, machinery,

mechanisms, construction, building materials and other products, equipment for record of control and regulation of energy resources spending;

- works connected with development and use of alternative renewable energy sources, recycled energy resources, processes of substitution of deficit kinds of fuel;

- creation of effective management systems and means of energy saving, etc. The Law envisages the following economic measures for energy-saving provision:

- complex application of economic levers and incentives in order to direct management, scientific and technical, economic activity of enterprises, establishments and organizations at efficient use and saving of fuel energy resources;

- determination of sources and directions of energy-saving financing; - use the system of state standards in the sphere of energy-saving while determining the

amounts of economic privileges granting and economic sanctions application; - introduction of payment for inefficient use of fuel energy resources; - application of economic sanctions for fuel waste.

Energy-saving stimulation is carried out by means of:

- granting tax privileges to the enterprises manufacturing energy saving equipment, as well as to the enterprises using the equipment which works on alternative and renewable sources of energy;

- priority crediting of measures providing efficient use and economy of fuel energy resources; - setting of the increased amortization norms of energy-saving capital assets, etc.

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Chapter III of the Law is devoted to the standardization and norm-fixing in the sphere of energy-saving. According to Article 21 of the Law, state examination on energy-saving shall be obligatory in the process of lawmaking, investment, management and other activities connected with mining, processing, transportation, storage, manufacturing and consumption of fuel and energy resources. Responsibility for violations in the sphere of energy-saving is set by Article 27 of the Law.

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The Forest Code of Ukraine Verkhovna Rada of Ukraine; Code of Ukraine, Law from 21.01.1994 № 3852-XII http://zakon4.rada.gov.ua/laws/anot/en/3852-12

The Forest Code of Ukraine

Date of entry into force: April 13, 1994

The Law of Ukraine “On Amending the Forest Code of Ukraine” No. 3404-IV of 8 February 2006 shall render the Forest Code of Ukraine in a new wording. The new wording of the Forest Code of Ukraine came into force on March 29, 2006. According to the Code, forest shall be a type of natural system which mainly consists of trees, brushwood vegetation, the relevant soils, herbaceous vegetation, fauna, microorganisms, and other natural components that are interrelated in their development and influence each other and the natural environment. Relations dealing with forest shall be social relations that are linked to ownership, use and disposal of forests and shall aim at ensuring protection, reproduction and sustainable use of forest resources with due consideration for environmental, economic, social, and other interests of the society. The forest fund of Ukraine shall include forest plots, including protection plants of linear type, with the area of no less than 0.1 hectare. The forest fund shall not include:

- green plantations within the limits of settlements (parks, gardens, public gardens, boulevards, and so on) that are not included into forests according to the established procedure;

- separate trees and groups of trees, brushwood on agricultural lands, homesteads, country land plots, and garden plots.

Forests located within the border of the Ukrainian territory shall be objects of ownership right of the Ukrainian People. On behalf of the Ukrainian People, rights of owners for forests are exercised by government bodies and bodies of local self-government. Forests can be state, communal and private property. Subjects of ownership right for forests shall be the state, territorial communities, citizens, and legal entities. Subjects of private ownership right for forests shall be citizens and legal entities of Ukraine. The right to use forests shall be exercised according to the procedure for permanent and temporary use of forests. Articles 26–33 of the Forest Code shall establish powers of government bodies and bodies of local self-government in the area of relations dealing with forest. By environmental and socio-economic aspects and depending on the main functions that they fulfill, Ukrainian forests shall be divided into the following categories:

- protection forests; - recreation and relaxation forests; - forests for environmental, scientific, historical, and cultural purposes; - operational forests.

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The Forest Code shall envisage keeping of the State Forest Cadastre. On the Ukrainian territory, the State Forest Cadastre shall be kept for the purpose of effectively organizing guarding and protection of forests, rationally using the forest fund of Ukraine, reproducing forests, exercising systematical control over qualitative and quantitative changes in forests. Monitoring of forests shall be a system for regular supervision, evaluation of and forecast for the dynamic of the qualitative and quantitative condition of forests. Section 11 of the Forest Code shall envisage the procedure for changing targeted designation of land forest plots and identifying the places for building objects that influence the state and reproduction of forests. The procedure for managing forests shall be identified by Chapter V. Forest resources can be used according to the procedure for general and special use of forests. Citizens shall have the right to freely stay in forests, to collect wild grasses and herbs, flowers, berries, nuts, and mushrooms in forests that are in state and municipal ownership without a special permit and free of charge, as well as upon consent of the owner of forests that are private property. According to the procedure for special use of forests, the following types of use of forest resources can be carried out:

- logging of timber by felling and chopping forests for the main use; - logging of secondary timber; - by-activity in using forests; - use of useful properties of forests for cultural, recreational, relaxation, sport, tourist,

educational, and upbringing purposes, needs of hunting, and the implementation of scientific works.

Special use of forest resources at the allocated forest plot shall be carried out on the basis of a special permit. Such a special permit shall be issued:

- by a body of executive power in the area of forestry of the Autonomous Republic of Crimea; - by territorial bodies of the central body of executive power in the area of forestry; - owners of forests; - regular forest-users.

Section 16 of the Forest Code shall be dedicated to the protection and guarding of forests. Protection and guarding of forests shall envisage a set of measures aimed at protecting forests against fires, illegal felling and chopping, damages, weakening, and other harmful impact, protecting against vermins, pests and diseases. Owners of forests and regular forest-users shall be responsible for developing and implementing a set of fire prevention and other measures aimed at preserving, protecting and guarding forests within an established period of time. Protection and guarding of forests on the territory of Ukraine shall be carried out:

- by the State Forest Protection Service that operates under the central body of executive power in the area of forestry, the body of executive power in the area of forestry of the Autonomous Republic of Crimea, territorial bodies of the central body of executive power in the area of forestry, as well as enterprises, institutions and organizations that belong to the area of its management;

- by forest protection services of other regular forest-users and owners of forests.

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The State Forest Protection Service shall have the status of a law enforcement body. Powers of officials of the State Forest Protection Service shall be specified by Article 91 of the Forest Code. According to Article 93 of the Forest Code, the objectives of controlling the protection, guarding, utilization, and reproduction of forests shall be:

- to ensure the implementation of government policy in the area of protecting, guarding, using, and reproducing forests;

- to ensure the adherence to the legislation related to forests by government bodies, bodies of local self-government, enterprises, institutions, organizations, and citizens;

- to ensure the adherence to the legislation related to forests by owners of forests, regular and temporary forest-users;

- to prevent violations of the legislation in the area of protecting, guarding, using, and reproducing forests, to ensure timely detection of such violations and to ensure the relevant measures to eliminate such violations.

State control of the protection, guarding, use, and reproduction of forests shall be carried out:

- by the Cabinet of Ministers of Ukraine; - by the central body of executive power in the area of protecting the natural environment; - by the central body of executive power in the area of forestry; - by bodies of executive power in the area of forestry and in the area of protecting the natural

environment of the Autonomous Republic of Crimea; - by territorial bodies of the central bodies of executive power in the area of protecting the

natural environment; - by territorial bodies of the central bodies of executive power in the area of forestry; - by other central and local bodies of executive power within the limits of powers established

by the law. Measures aimed at raising the productivity, improving the quality composition of forests, protection, guarding and reproduction of forests shall be financed at the expense of:

- the State Budget and funds of enterprises, institutions and organizations of forestry – with respect to forests that are state property;

- local budgets and funds of enterprises, institutions and organizations of forestry – with respect to forests that are communal property;

- funds of private owners of forests – with respect to forests that are private property. The country shall provide economic incentives for implementing measures aimed at expanded reproduction of forests specifically by way of:

- compensating expenditures to owners of forests and forest-users that are linked to measures aimed at expanded reproduction of forests implemented thereby;

- applying accelerated depreciation to fixed assets for land protection, forest protection and environmental protection purposes.

Peculiarities of protecting, guarding, using, and reproducing forests on specific categories of lands shall be established by Chapter (Section) 20 of the Forest Code. Disputes related to the protection, guarding, use, and reproduction of forests shall be resolved:

- by bodies of local self-government (disputes related to the protection, guarding, use, and reproduction of forests that are communal property);

- by bodies of executive power in the area of forestry (disputes related to the protection, guarding, use, and reproduction of forests that are state property);

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- by bodies of executive power in the area of protecting the natural environment (disputes

related to the protection, guarding, use, and reproduction of forests that are state property); - by courts (disputes related to ownership, use and disposal of forests that are private property

of citizens and legal entities). If owners of forests and forest-users do not agree to a decision of bodies of executive power in the area of forestry and in the area of protecting the natural environment or a body of local self-government, such a dispute shall be resolved by a court (Article 103 of the Forest Code). According to Article 105 of the Forest Code, responsibility for violating the legislation related to forests shall be born by individuals and entities that are guilty of:

- illegal felling, chopping and damaging trees and brushwood; - destroying or damaging forests as a result of setting forests on fire or carelessly treating fire,

and violating other requirements to fire safety in forests; - destroying or damaging forests as a result of contaminating them with chemical and radio-

active substances, industrial and residential wastes, waste waters, and other harmful substances, water-logging, dewatering, and other types of harmful impacts;

- littering forests with residential and industrial wastes; - violating the deadlines for reforestation and other requirement to forestry established by the

legislation in the area of protecting, guarding, using, and reproducing forests; - destroying or damaging forest cultures, seedlings or young plants in forest nurseries and on

plantations, as well as natural underbrush and self-sown plants on lands designated for reproduction of forests;

- violating the rules for storing, transporting and applying means for the protection of forest, growth stimulators, mineral fertilizers, and other substances;

- stubbing out forest plots and using them not according their targeted designation, including for constructing residential houses, industrial and other building and structures without the relevant permit;

- laying up hay and pasturing cattle on forest plots without the relevant authorization; - violating the rules for laying up forest floor, medicinal plants and herbs, wild fruits, nuts,

mushrooms, berries, and so on; - logging forest resources by means that negatively affect the state and reproduction of

forests; - violating the procedure for logging and removing timber, laying up turpentine, and using

other forest resources; - failing to make payments for using forest resources within the established deadlines; - destroying and damaging land-marks and posts in forests; - putting into operation new and reconstructed enterprises, facilities and other objects that are

not supplied with equipment that prevents negative impact for the state and reproduction of forests;

- violating the deadlines for returning forest plots that are in temporary use or failing to fulfill the obligations to bring them into condition that is suitable and fit to ensure their designated use;

- damaging hayfields, pastures and tillage on agricultural lands; - destroying or damaging forest drainage furrows, drainage systems and roads on forest plots; - failing to implement instructions of the State Forest Protection Service and bodies of

executive power that exercise control over the adherence to the legislation in the area of protecting, guarding, using, and reproducing forests.

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According to Article 106 of the Forest Code, land plots for forestry purposes and other land forest plots occupied without permission shall be returned to their owners without compensation of expenditures sustained during the period of unauthorized use of such plots. On the basis of Article 108 of the Forest Code, illegally acquired timber and other forest resources shall be subject to withdrawal. If it is impossible to withdraw illegally acquired timber and other forest resources, their cost shall be collected from the relevant individuals and entities.

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On Air Protection Verkhovna Rada of Ukraine; Law from 16.10.1992 № 2707-XII http://zakon4.rada.gov.ua/laws/anot/en/2707-12

The Law of Ukraine

On Air Protection

Date of Entry into Force: November 17, 1992

The Law of Ukraine “On Air Protection” (hereinafter referred to as “the Law”) determines legal and organizational principles and ecological requirements in the sphere of air protection. The Law aims at saving and restoring natural state of air, creation of favorable conditions for vital functions, as well as ensuring of ecological security and prevention of harmful influence of air on people's health and natural environment. According to the Law, air is a vital component of environment, a natural mixture of gasses outside living quarters, manufacturing and other buildings. Relations in the field of air protection shall be regulated by the present Law, the Law of Ukraine “On Environmental Protection” and other legal normative acts. Air protection shall be a system of measures related to saving, improvement and restoring condition of air, prevention and decrease of its pollution, as well as influence on it of chemical compounds, physical and biological factors. State management in the field of air protection shall be carried out by:

- the Cabinet of Ministers of Ukraine; - the specially authorized central body of executive power on ecology and natural resources; - the specially authorized central body of executive power on healthcare; - the Council of Ministers of the Autonomous Republic of Crimea, local state administrations,

other central and local bodies of executive power, bodies of local self-government. The Law in the sphere of air protection establishes:

- norms of air ecological security; - norms of maximum permissible pollutants exhaust of stationary sources; - norms of maximum permissible influence of physical and biological factors of stationary

sources; - norms of content of pollutants in wasted gas and influence of physical factors of movable

sources; - technological norms of permissible pollutants exhaust.

Legal entities and natural persons - entrepreneurs that pollute air with exhausts shall:

- take organizational economic, technical and other measures to meet requirements envisaged by the ecological security standards and norms in the sphere of air protection and by permits to pollutants exhaust;

- take measures concerning decrease of amounts of pollutants exhaust and decrease of influence of physical factors;

- control volume and content of pollutants exhausted into air, as well as levels of physical influence and permanently register them;

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- provide for instrumental laboratory measurements of polluters exhaust parameters of

stationary and movable sources and effectiveness of gas-clearing units; - pay duties for environmental pollution and worsening of quality of natural resources timely,

in full amount and in compliance with the law. According to the Law, stationary sources may exhaust polluters into air only after getting permit issued by the territorial department of the specially authorized central body of executive power on ecology and natural resources on agreement with the territorial body of the specially authorized central body of executive power on healthcare. Permits to exhaust polluters into air shall be issued provided that:

- during the term of their validity there is no excess of the set norms of ecological security; - there is no excess of norms of permissive polluters exhaust by stationary sources; - requirements to technological processes in part of limitation of polluters exhaust are

observed. The Law also provides for giving permits to maximum admissible levels of noise made by stationary sources, in particular, during work of cars, mechanisms, equipment, tools, as well as use of sound-reproducing apparatus and musical instruments in concert and dancing halls, on open grounds, in theatres, cinemas, discos, casinos, other entertaining and gambling establishments, in cultural establishments, musical educational establishments, restaurants, cafes, bars, other catering places, trade, public service establishments, etc. For prevention and decrease of air pollution by transport, other movable vehicles and equipment, as well as influence of connected with them factors shall be performed:

- development and implementation of complex measures concerning decrease of exhaust, destruction of harmful substances and decrease of physical influence during design, production, operation and repair of transport, other movable vehicles or equipment;

- transfer of transport, other movable vehicles and equipment to less toxic types of fuel; - rational planning and building of settlements observing the norms of determined distance to

roads; - improvement of roads maintenance conditions; - moving of transport enterprises out of densely populated residential city areas, etc.

The Law also sets requirements to air protection while:

- using pesticides and agricultural chemicals; - mining minerals and explosion works; - polluting by manufacturing, household and other exhaust; - projecting, building and reconstruction of enterprises and other objects which influence or

may influence on air condition.

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On Environmental Protection Verkhovna Rada of USSR; Law from 25.06.1991 № 1264-XII http://zakon4.rada.gov.ua/laws/anot/en/1264-12

The Law of Ukraine

On Environmental Protection

Date of Entry into Force: July 1, 1991

Pursuant to the Law natural resources of Ukraine are property of Ukrainian people who have the right to own, use and dispose of natural resources of the country. Subjects to state protection and regulation on the territory of Ukraine shall be:

- environment; - natural resources (land, water, bowels, air, forest and other flora, fauna); - landscapes; - other natural complexes.

The Law sets ecological rights and duties of Ukrainian citizens. It determines authorities of the following bodies in the sphere of environmental protection:

- the Verkhovna Rada of Ukraine; - the Supreme Council of Autonomous Republic Crimea; - bodies of local self-government; - the Cabinet of Ministers of Ukraine; - government of Autonomous Republic Crimea; - specially authorized body of executive power on ecology and natural resources issues; - public nature protection associations.

The system of state monitoring of environment in Ukraine is created with the purpose of ensuring collection, processing, storage and analysis of information about state of environment, prediction of its change and elaboration of scientifically grounded recommendations in order to make efficient administrative decisions. In order to calculate quality, quantity and other characteristics of natural resources, volume, character and regime of their use the state cadastres of natural resources shall be kept. Specially authorized central body of executive power on ecology and natural resources issues, bodies of local self-government, enterprises whose activity may negatively influence condition of environment, life and health of people, shall provide free access of population to information about condition of environment. In Ukraine state, public and other kinds of ecological assessment are performed. Ecological assessment shall be compulsory in the process of legislative, investment, administrative and other activities that influence condition of environment. The state ecological assessment shall be compulsory conducted after its approval by the specially authorized central body of executive power on ecology and natural resources issues. The objects of ecological assessment shall be:

- projects of schemes of productive forces development and placement, general layout of settlements;

- projects for building and reconstruction of enterprises and other objects that can negatively influence condition of environment;

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- drafts of documents regulating economic activity that negatively influences condition of

environment; - documents on creation of new technical equipment, technology, materials and substances; - materials, substances, production, economic decisions, systems and objects, which

implementation can break norms of ecological security and negatively influence condition of environment.

The Law regulates standardization and normalization issues in the sphere of environmental protection. State control in the sphere of environmental protection shall be carried out by the bodies of local self-government, specially authorized central body of executive power on ecology and natural resources issues, other state bodies. The objects of state control shall be use and protection of lands, bowels, surface and underground waters, air, forests and other flora, fauna, sea environment and natural resources of territorial waters, continental shelf and exclusive (sea) economic zone, natural territories and objects requiring special protection, condition of environment. Natural resources of Ukraine shall be used in the procedure of general and special use. General use of natural resources satisfies people's vital needs (aesthetic, health, recreational, material etc.). Such use is free of charge. During special use natural resources are given to natural persons and legal entities in ownership, use, lease and payment on the basis of special permits. According to the Law duties shall be imposed in Ukraine for:

- special use of natural resources; - environmental pollution; - worsening of natural resources quality.

Measures on environmental protection shall be financed by the specially established state, republican of Autonomous Republic Crimea and local funds for environmental protection. The Law stipulates ecological requirements to placement, projecting, construction, reconstruction, putting in operation and exploitation of enterprises, buildings and other objects. It establishes the procedure of environmental protection during conducting of plant protective measures, use of chemical fertilizers, oil and oil products, toxic chemical agents and other. The Law regulates legal relations that arise during environmental protection due to:

- unregulated and harmful biological influence; - acoustic, electromagnetic, ionizing and other harmful influence of physical factors and

radiation pollution; - waste pollution; - harmful influence of transport vehicles.

To natural territories and objects requiring special protection refer:

- natural reserve fund of Ukraine; - resort and health restoring areas; - recreation areas; - water and field protecting territories.

According to the Law rare and disappearing kinds of flora and fauna shall be recorded in the Red Data Book of Ukraine. The Law determines legal regime of emergency ecological situations. The Law also sets responsibility for violation of legislation on environmental protection.

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ANNEX D:

GENERAL INFORMATION ABOUT A PROJECT “LOW-CARBON OPPORTUNITIES FOR INDUSTRIAL

REGIONS OF UKRAINE (LCOIR-UA)” The project is implemented by the Donetsk National University (Donetsk, Ukraine) - Research and Education Center “Convergence of Nano-, Bio- and Info- Technologies for Sustainable Regional Development”, - and funded by the European Union Thematic Programme for Environment and Sustainable Management of Natural Resources, including Energy (direction “Cooperation in Clean Coal Technology and technology of Carbon Capture and Storage”). CONCEPTION OF PROJECT Ukraine is the seventh country in Europe in terms of CO2, and more than 70% of these emissions result from the energy sector, mainly from the burning of domestic coal (5th report of Ukraine on Climate Change, Kiev, 2009). Most power plants, located in the eastern part of Ukraine, namely in the regions selected for the project. The remaining industries: metallurgy, mining companies and chemical industries - are enormous users of coal for energy and most of these factories are also located in the regions to be studied. In recent decades, in Ukraine there is a reduction of CO2 emissions from industrial production and folding of the regular closing of factories. To revive the industrial sector without excessive increase of CO2, in Ukraine, as well as in the Donbass industrial region in the main, it is necessary to begin implementation of clean coal technologies and technologies of carbon capture and storage (climate technology). The main problem faced by the Ukrainian energy sector is the deterioration of the equipment: a large part of which has been operating for over 50 years. Equipment is already very old, to be adapted to less emission and climate technologies, and thus should be dismantled and replaced by new technologies. Now is the time for Ukraine to update their technology and choose the most effective. So there is a need and the need to enhance knowledge in the area of climate technology for policy-makers, industrialists, engineers and scientists. AIMS OF PROJECT The overall objectives of the project are: Encourage and assist the actual implementation of activities to introduce climate technologies in

Ukraine; Cooperation in the area of climate technology between Ukraine and the European Community. The specific objectives are as follows: Improve knowledge of Ukrainian context for climate technology; Identify potential targets for the current programs of adaptation to climate technologies Ukraine; Creation of a major stakeholder views on climate technology as a tool to combat climate

change.

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Target groups of selected industrial regions (Donetsk, Dnipropetrovsk, Zaporizhzhya, Luhansk and Kharkiv regions) are: Regional governments and local authorities; Administrative and technical staff of regional energy and industrial companies; Representatives of regional educational and scientific communities; Students and graduates of natural sciences and economics departments of universities. COMPONENTS OF PROJECT Donetsk National University (DonNU) has three components of the project: 1. Research on a national and regional context the possibilities of using climate technology The results of this section will be reviews of the global context, the existing Ukrainian political trends, laws and regulations; of stakeholders, as well as advice on building climate technologies in Ukraine. 2. Rating: creation of geographic information systems (GIS) To assess the opportunities and challenges of climate deployment of technologies in Ukraine will be created GIS sources and sinks of CO2, but also provided recommendations for the actual implementation of the climate technology for facilities in the industrial regions of Ukraine. 3. Exchange of knowledge Sharing of knowledge created and accumulated during the project implementation will be carried out by organizing and conducting the following activities: educational sessions and round tables for representatives of government and business, for educators, scientists and engineers, an international scientific-practical conference on topical issues of climate change and the use of climate technologies, lectures for undergraduate students and graduate students DonNU. The project will be published: monograph, manuals on the use of climate technologies, quarterly newsletters, as well as to create a Web site aimed at different target groups of the project. For more information contact:

Donetsk National University Universitetska str., 24 Donetsk, 83001 Ukraine Tel./fax: +380 (62) 302 9223 E-mail: research.div@donnu.edu.ua Web: http://research.donnu.edu.ua Co-ordinator of project: Dr. Mykola Shestavin Mob. tel.: +380 (50) 217 9443 E-mail: lcoir@ukr.net Web: http://www.lcoir-ua.eu

The views expressed on this web-site do not necessarily reflect the views of the European Commission and Government of Ukraine

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