Date of entry into
force:
November 21, 2012
(Abstract)
The Code of Civil
Protection of Ukraine (hereinafter referred to as “Code”) regulates relations
associated with the protection of the population, territories, environment, and
property against emergencies, reaction to emergencies, and functioning of the single
state system for civil protection; determines the authority of state power
bodies, the Council of Ministers of the Autonomous Republic of Crimea, and
bodies of local self-government, the rights and obligations of citizens of
Ukraine, foreigners and stateless persons, companies, institutions and
organizations irrespective of their property form (Article 1 of the Code).
Article 2 of the
Code provides definitions of terms used in it. For example, the following
definitions are established:
·
accident is a dangerous
man-made event that resulted in death or injury of people, or creates a threat
for public life and health within a certain territory or the facilities of a
business entity, and leads to destruction of buildings, structures, equipment
and transport, disruption of the production or transport process, or causes
above-norm or accidental emissions of pollutants and other harmful impact on
the environment;
·
epidemic is a mass spread of
an infectious disease through the population of a certain territory during a
short period of time;
·
epizootic outbreak is a wide
spread of a contagious animal disease during a short period of time,
considerably in excess of the usual level of occurrence of this disease in the
respective territory;
·
epiphytotic outbreak is a wide
spread of a contagious plant disease through the territory of one or more
administrative territorial units, considerably in excess of the usual level of
occurrence of this disease in the respective territory;
·
catastrophe is a large-scale
accident or another event with grave consequences;
·
emergency is a situation
within a scope of a specific territory, business entity facilities, or a water
body, characterized by disruption of the normal human living environment,
resulting from a catastrophe, accident, fire, natural disaster, epidemic,
epizootic or epiphytotic outbreak, the use of means of destruction or another
dangerous event, which has led (may lead) to a threat to the public life or
health, a large number of casualties or injuries, or make such territory or
facility unsuitable for human living or business activity;
·
dangerous event is an event,
including catastrophe, accident, fire, natural disaster, epidemic, epizootic or
epiphytotic outbreak whose consequences present a threat to public life or
health, or results in material damages;
·
natural disaster is a natural
phenomenon of great destructive force, which causes significant damage to the
territory of its occurrence, disrupts normal human living conditions, and causes
material damages.
Civil protection
is the function of the state aimed at protecting the population, territories,
environment and property against emergencies, through preventing them,
liquidating their consequences, and providing aid to the victims, both in the
time of peace and the contingency periods (Article 4 of the Code).
Article 5 of the
Code provides for classification of emergencies.
According to
Article 6 of the Code, the work of executive authorities in the sphere of civil
protection is carried out by the following bodies, within the scope of their
authority:
·
Council for National Security
and Defense of Ukraine;
·
Cabinet of Ministers of
Ukraine.
To coordinate the
work of central and local executive authorities, companies, institutions and
organizations, in relation to technogenic and environmental safety, protection
of the population and territories, and prevention and reaction to emergencies:
·
the Cabinet of Ministers of
Ukraine creates a State Commission in the Issues of Technogenic and
Environmental Safety and Emergencies;
·
the Council of Ministers of
the Autonomous Republic of Crimea, regional state administrations, and the Kyiv
and Sevastopol city state administrations create regional commissions in the
issues of technogenic and environmental safety and emergencies;
·
district state
administrations, executive bodies of local councils, city district councils and
village councils create local commissions in the issues of technogenic and
environmental safety and emergencies;
·
the managing bodies of
companies, institutions and organizations create commissions in the issues of
emergencies.
The main
principles of carrying out civil protection are determined by Article 7 of the
Code.
According to
Article 8 of the Code, implementation of state policy in the sphere of civil
protection is provided for by the single state system for civil protection,
which consists of functional and territorial sub-systems and their units. The
main tasks of the single state system for civil protection are:
·
ensuring that ministries and
other central and local executive authorities, bodies of local self-government,
forces and means subordinated to them are ready for preventing and responding
to emergencies;
·
ensuring implementation of
measures to prevent emergencies;
·
educating the public on
behavior and actions in case of an emergency;
·
implementing state targeted
programs aimed at preventing emergencies, ensuring sustainable functioning of
companies, institutions and organizations, and decreasing possible material
losses;
·
processing information about
emergencies, publishing information materials in the issues of protection of
the population and territories from their consequences;
·
forecasting and assessing the
social and economic consequences of emergencies, using the forecasts to
determine the need for forces, means, material and financial resources;
·
creating, sustainably
conserving and using material and financial reserves required to prevent and
respond to emergencies;
·
informing the public about the
threat and occurrence of emergencies, timely and reliable informing about the
actual situation and the means used;
·
protecting the public in case
of emergencies;
·
carrying out rescue works and
other urgent works to liquidate the consequences of emergencies, and organize
for support and sustenance of the affected population;
·
mitigation of the possible
consequences of emergencies in case of their occurrence;
·
carrying out measures for
social protection of the affected population;
·
exercising the statutory
rights in the sphere of population protection against the consequences of
emergencies, including the persons (their families) that directly took part in
the liquidation of such situations;
·
other tasks determined by the
law.
The functional
sub-systems of the single state system for civil protection are created by the
central executive authorities in the respective sphere of social life (Article
9 of the Code).
According to
Article 10 of the Code, territorial sub-systems of the single state system for
civil protection (hereinafter referred to as “territorial sub-systems”)
function in the Autonomous Republic of Crimea, the regions, and the cities of
Kyiv and Sevastopol. Units of territorial sub-systems are created:
·
by the Council of Ministers of
the Autonomous Republic of Crimea – in districts of the Autonomous Republic of
Crimea;
·
by district state
administrations, and Kyiv and Sevastopol city district state administrations –
in districts, and city districts of Kyiv and Sevastopol, respectively;
·
by bodies of local
self-government – in regional centers and cities of regional and district
importance.
Articles 11 - 15
of the Code envisage that the single state system for civil protection,
depending on the scale and specifics of the forecasted or actual emergency,
works in the following regimes:
·
everyday functioning (provided
normal industrial, radiation, chemical, seismic, hydrogeological,
hydrometeorological, technogenic and fire conditions, and lack of epidemics,
epizootic or epiphytotic outbreaks);
·
high alert (in case a risk of
emergency exists, the high alert regime is established for the entirety of the
single state system for civil protection, or for its specific territorial
sub-systems, by decision of the Cabinet of Ministers of Ukraine, the Council of
Ministers of the Autonomous Republic of Crimea, regional state administrations,
or Kyiv or Sevastopol city state administration);
·
emergency (in case an
emergency occurs, the emergency regime is established for the entirety of the
single state system for civil protection, or for its specific territorial
sub-systems, by decision of the Cabinet of Ministers of Ukraine, the Council of
Ministers of the Autonomous Republic of Crimea, regional state administrations,
or Kyiv or Sevastopol city state administration);
·
state of emergency (the state
of emergency is temporarily announced for the single state system for state
protection or its specific territorial sub-systems, within the scope of
territories on which the legal status of the state of emergency is announced
according to the Law of Ukraine “On the Legal Status of the State of
Emergency”);
·
contingency period (the single
state system for civil protection functions according to the Code, with regard
to the specifics determined by the requirements of the Laws of Ukraine “On
Mobilization Preparation and Mobilization” and “On the Legal Status of Martial
Law”, and other normative legal acts).
Chapter III of the
Code establishes the authority of the providers of civil protection.
According to
Article 20 of the Code, in a business entity, civil protection measures are
organized by units (officials) in the issues of civil protection created
(appointed) by the heads of such business entities, with regard to the
following requirements:
·
in business entities included
in respective civil protection categories, with headcount over 3,000, units in
the issues of civil protection are created;
·
in business entities with
headcount between 200 and 3,000, and health care facilities with the combined
headcount and patient count between 200 and 3,000, and business entities
included into the second category of civil protection, officials in the issues of
civil protection are appointed;
·
in full-time education
facilities with student count of 500 or more, officials in the issues of civil
protection are appointed;
·
in business entities with
headcount under 200, responsible persons in the issues of civil protection are
selected from the existing staff of the business entity.
According to
Article 22 of the Code, civil protection forces include:
·
the Civil Protection Response
and Rescue Service;
·
emergency rescue services;
·
civil protection units;
·
specialized civil protection services;
·
fire rescue divisions (units);
·
volunteer civil protection units.
The main tasks of
civil protection forces are:
·
working and taking measures to
prevent emergencies, and protect the population and territories against them;
·
carrying out emergency rescue
and other urgent work;
·
firefighting;
·
liquidating the consequences
of emergencies under extreme temperatures, smoke and gas logging, threat of
explosion, collapse, landslide, flood, radioactive or chemical pollution,
biological contamination, or other dangerous conditions;
·
carrying out pyrotechnical
works related to deactivation of explosive objects remaining on the territory
of Ukraine after wars, current armaments and demolition equipment (except for
explosive devices used for the purposes of terrorism), except for territories
provided for dislocation and permanent activity of military units, military
educational institutions, companies and organizations of the Armed Forces of
Ukraine, and other military formations;
·
carrying out explosive works
aimed at preventing emergencies and liquidating their consequences;
·
working to provide life
support for the affected;
·
providing urgent medical aid
to the affected in the emergency area and transporting them to health care
facilities;
·
transporting material and
technical supplies intended for emergency rescue and other urgent work,
liquidation of consequences of emergencies and providing humanitarian aid to
the people affected by emergencies;
·
providing assistance to
foreign states in emergency rescue and other urgent work, and the liquidation
of consequences of emergencies;
·
providing emergency rescue
services for business entities and specific territories under risk of
emergency.
The civil
protection forces may be involved in restoration works.
According to
Article 23 of the Code, emergency rescue services are divided into:
·
state, regional, municipal,
facility-based rescue services and rescue services of community organizations;
·
specialized and
non-specialized rescue services;
·
professional and
non-professional rescue services.
Emergency rescue
services are created as follows:
·
state services – by the
central executive authority that provides for creation and implements state
policy in the sphere of civil protection, and other central executive
authorities;
·
regional services – by the
Council of Ministers of the Autonomous Republic of Crimea, local state
administrations in the Autonomous Republic of Crimea, regions, and the cities
of Kyiv and Sevastopol, respectively;
·
municipal services – by bodies
of local self-government in the city, city district, township or village;
·
facility-based services – by
the head of the business entity operating high-risk facilities;
·
services of community
organizations – by the community organization according to the law.
The Civil
Protection Response and Rescue Service functions within the system of the
central executive authority that provides for creation and implements state
policy in the sphere of civil protection, and consists of management bodies,
central emergency rescue units, specialized emergency rescue units, special
air, maritime and other units, state fire divisions (units), education centers,
and supply units and formations (Article 24 of the Code).
According to
Article 25 of the Code, specialized civil protection services (in the spheres
of energy, protection of agricultural plants and animals, engineering,
municipal, material support, medicine, communication and signaling,
firefighting, trade and catering, technical services, transport, protection of
public order) are created to carry out and support specific public protection
work and measures that require involving professionals in a specific field, or
specialized equipment and property, as follows:
·
facility-specific – created in
a business entity (by creating units, teams and groups that constitute
appropriate specialized civil protection services, from among the employees of
the business entity) by its management;
·
industry-specific – created
within the system of the executive authority (by uniting facility-specific
divisions into an appropriate industry-specific specialized civil protection
service) by the central executive authority. The list of central authorities in
which specialized civil protection services are created is determined by the
Provision on the Single State System for Civil Protection;
·
territory-specific – (created
by uniting facility-specific divisions into an appropriate territory-specific
specialized civil protection service on a local level, or uniting
territory-specific specialized civil protection services into a regional
specialized civil protection service): 1) created in the Autonomous Republic of
Crimea by the Council of Ministers of the Autonomous Republic of Crimea or
another body determined according to the normative legal acts of the Verkhovna
Rada of the Autonomous Republic of Crimea; 2) created in the regions, the
cities of Kyiv and Sevastopol, and districts by the city state administration;
3) created in cities of regional importance by the body of local
self-government.
Article 26 of the
Code envisages that civil protection units are created to carry out large-scale
works to liquidate the consequences of emergencies, military (combat) action or
terrorist acts, as well as restoration works requiring involvement of a large
number of people and equipment:
·
facility-based – created in
business entities that own specialized equipment and property, and whose
employees are prepared for action in emergency conditions, by the business
entity;
·
territory-specific (by uniting
facility-based civil protection units on the appropriate territory): 1) created
in the Autonomous Republic of Crimea by the Council of Ministers of the
Autonomous Republic of Crimea; 2) created in the regions, the cities of Kyiv
and Sevastopol, and districts by the city state administration; 3) created in
cities of regional importance by the local council.
Voluntary civil
protection units are created during the time of threat or occurrence of
emergencies, to carry out auxiliary work aimed to preventing or liquidating the
consequences of such emergencies, by resolution of the Council of Ministers of
the Autonomous Republic of Crimea, the central executive authority, the local state
administration or the body of local self-government. Voluntary civil protection
units consist of volunteers (Article 32 of the Code).
Chapter IV of the
Code, which is dedicated to the protection of the population and territories
against emergencies, provides for the principles for:
·
alerting and informing done by
providers of civil protection (Section 6);
·
sheltering population in civil
protection shelters, and carrying out evacuation measures (Section 7);
·
engineering protection of
territories, radiation and chemical protection (Section 8);
·
medical, biological and
psychological protection, ensuring sanitary and epidemic safety of the
population (Section 9);
·
educating the public about
acting in emergencies (Section 10).
Chapter V of the
Code establishes the following measures for preventing emergencies:
·
monitoring and forecasting
emergencies (Article 43);
·
state standardizing in the
sphere of civil protection (Article 44);
·
expert analysis in the sphere
of civil protection (Article 45);
·
certification of means of
civil protection (Article 46);
·
state supervision (control) in
the issues of civil protection (Article 54);
·
attestation of emergency
rescue services and rescuers (Article 48);
·
insurance (Article 49);
·
ensuring technogenic safety (Section 12);
·
ensuring fire safety (Section 13);
·
state supervision (control) in
the sphere of technogenic and fire safety (Section 14).
Response to
emergencies and liquidation of their consequences are regulated by Chapter VI
of the Code.
The authority of
the central executive authority that carries out state supervision in the
sphere of technogenic and fire safety is determined by Article 67 of the Code.
According to
Article 71 of the Code, the following is done to coordinate the actions of
state authorities, bodies of local self-government, management bodies, and
civil protection forces, and to ensure planned and organized implementation of
measures and work aimed at liquidation of the consequences of emergencies:
·
using emergency management
stations and centers;
·
creating special commissions
for liquidation of consequences of emergencies;
·
appointing heads of work aimed
at liquidation of consequences of emergencies;
·
determining the need for civil
protection forces;
·
involving civil protection
forces in liquidation of consequences of emergencies.
Emergency rescue
and other urgent works during liquidation of consequences of emergencies are
carried out free of charge (Article 79 of the Code). Emergency rescue and other
urgent works aimed at liquidation of consequences of emergencies during the
time of peace and the contingency period includes:
·
organizing and managing
emergency rescue and other urgent works;
·
scouting districts, areas,
plots and sites of work aimed at liquidation of consequences of emergencies;
·
determining and localizing the
emergency area;
·
determining and marking
districts that suffered radioactive or chemical pollution, or biological
contamination (except for areas of military action);
·
forecasting the area of
potential spread of the emergency and the scale of possible consequences;
·
liquidating or minimizing the
impact of hazardous factors resulting from the emergency;
·
search and rescue of victims,
providing them with urgent medical aid and transporting them to health care
facilities;
·
evacuation or resettlement of
the affected people;
·
finding and deactivating
explosive items;
·
carrying out sanitary
treatment of people and special treatment of clothes, equipment, devices, means
of protection, buildings, structures and territories hat suffered from radioactive
or chemical pollution, or biological contamination;
·
providing medical aid to the
victims, carrying out sanitary anti-epidemic measures, ensuring sanitary and
epidemic safety of the population in the area of emergency and in the areas of
temporary location of the affected;
·
implementing measures of
restriction, observation and quarantine;
·
providing psychological and
material support for the victims, providing for their medical and psychological
rehabilitation;
·
carrying out urgent repairs
and restoring operation of the damaged vital public facilities, transport and
communication;
·
providing social security for
the victims of emergencies;
·
carrying out other works and
measures depending on the nature and type of the emergency.
The procedure for
firefighting is determined by Article 80 of the Code.
Section 17 of the
Code determines the procedure for compensating material damages and providing
aid to the victims of emergencies.
Financial,
material and technical support of civil protection measures is regulated by
Chapter VIII of the Code.
Chapter IX of the
Code envisages the requirements to equipping the civil protection management
bodies and forces, and the civil protection service.
The civil
protection service is a state service of special nature, intended to ensure
fire safety, protection of the population and territories against the negative
impact of emergencies, prevent and react to emergencies, and liquidate their
consequences, in the time of peace and in the contingency period. The procedure
for serving in the civil protection service for the citizens of Ukraine is
determined by the Code and in the provision on serving in the civil protection
service as members of the private and officer corps, adopted by the Cabinet of
Ministers of Ukraine (Article 101 of the Code).
According to
Article 102 of the Code, persons accepted for duty in the civil protection
service on the competitive and contract basis must be citizens of Ukraine,
having completed general secondary education, satisfying the qualification
requirements, and possess the personal, business and moral qualities, the
educational and professional level, and the state of health adequate to carry
out their service duty. The qualification requirements to persons accepted for
duty in the civil protection service are determined by the central executive
authority that provides for creation and implements state policy in the sphere
of civil protections. For the purposes of the Code, persons enrolled in the
first year of civil protection educational institutions, aged 17 and older,
including those turning 17 during the year of enrollment, are considered to be
serving in the civil protection service. A person cannot be accepted for duty
in the civil protection service if they had been convicted for a crime, if the
conviction has not been expunged or lifted according to the procedure
established by the law, or if they had been subjected to administrative
sanctions for corruption-related offences.
Special ranks of
the private and officer corps in the civil protection service are established
by Article 104 of the Code.
According to
Article 105 of the Code, the maximum age for duty in the civil protection
service is:
·
for private corps, junior and
mid-level officer corps – 50 years;
·
for senior officer corps – 55
years;
·
for supreme officer corps – 60
years.
Article 106 of the
Code envisages that the contract is ended (terminated), and members of the
private and officer corps are dismissed from the civil protection service in
the following cases:
·
expiration of the term of
contract;
·
for age reasons – when
reaching the maximum age for duty;
·
for health reasons – based on
the conclusion (resolution) of the central medical expert commission of the
central executive authority that provides for creation and implements state
policy in the sphere of civil protection, stating unfitness or limited fitness
for duty;
·
in case of staff reduction –
if the person cannot remain in service due to a reduction in staff or
organizational measures;
·
on request of the dismissed,
for family reasons or other valid reasons, the list of which is established by
the Cabinet of Ministers of Ukraine;
·
due to systematic violations
of the contract conditions by the member of the private or officer corps;
·
due to systematic violation of
the contract conditions by the heads of the management body, unit or division,
educational facility, research institution, or other organization of the
executive authority that provides for creation and implements state policy in
the sphere of social protection, or the central executive authority carrying
out state supervision in the sphere of technogenic and fire safety;
·
due to a guilty court verdict
taking effect;
·
due to being summoned to
compulsory military service according to the resolution of a district (city)
conscription commission;
·
in case a transfer to another
post is impossible, due to direct subordination to a relative;
·
due to assuming citizenship of
another state;
·
in other cases provided for by
the law.
A rescuer is a
person, certified to be able to carry out emergency rescue and other urgent
works, or put out fires, which takes direct part in such works, and has
received respective specialized, physical, psychological and medical training.
Ukrainian citizens achieve the rescuer status through a resolution of
appropriate certification bodies, based on their certification results (Article
109 of the Code).
The rights and
obligations of a rescuer are established by Article 110 of the Code.
The social and
legal protection of the members of private and officer corps of the civil
protection service, employees of civil protection management bodies and forces,
and persons dismissed from civil protection service are provided for by Chapter
X of the Code.
The final and
transitional provisions of the Code envisage that the following Laws of Ukraine
are declared to no longer be in effect:
·
“On the Civil Defense of
Ukraine”;
·
“On Fire Safety”;
·
“On the General Structure and
Strength of the Civil Defense Forces”;
·
“On the Civil Defense Forces
of Ukraine”;
·
“On Emergency Rescue Services”;
·
“On Protecting the Population
and Territories from Man-Made and Natural Emergencies”;
·
“On the Legal Foundations of
Civil Protection”.
The Code took
effect on July 1, 2013.
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