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| LAW OF UKRAINE |
On the exclusion of the (maritime) economic zone of Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 1995, No. 21, pp. 152)
{Be in Action by VR
No. 163 /95-PL of 16.05.95 , VB, 1995, No. 21, pp. 153}
{With changes under the Laws
No. 81 /96-VR of 06.03.96 , B, 1996, No. 15, pp. 70
No. 607 /96-PL of 17.12.96 , B, 1997, No. 6, pp. 49
No. 662-IV of 03.04.2003 , BBR, 2003, No. 27, pp. 209
No. 2947-VI of 13.01.2011 , BBR, 2011, No. 32, pp. 316
No. 5462-VI of 16.10.2012 , BBR, 2014, No. 6-7, pp. 80}
Taking into account the relevant provisions of the United Nations Convention on the Law of the Sea of 1982, Ukraine adopts this law defining the legal regime of the exclusive (maritime) economic zone of Ukraine.
Article 1. Legislation on the exclusive (maritime) economic zone of Ukraine
Legislation on the exclusive (maritime) economic zone of Ukraine consists of this Act and other acts of legislation of Ukraine governing the issues related to the legal regime of the excluded (maritime) economic zone of Ukraine.
Article 2. The definition of the exclusive (maritime) economic zone of Ukraine
The maritime areas, externally adjacent to the territorial sea of Ukraine, including areas around the islands belonging to the island are the exclusive (maritime) economic zone of Ukraine.
The width of the exclusive (maritime) economic zone is up to 200 nautical miles, separated from the same holiday lines as the territorial sea of Ukraine.
Article 3. Delimitation of the exclusive (maritime) economic zone of Ukraine
The delimitation of the exclusive (maritime) economic zone is subject to legislation of Ukraine by concluding agreements with states, the coast of which are opposite or adjacent coasts of Ukraine, on the basis of principles and criteria universally accepted. international law, with the aim of achieving a fair solution to this issue.
Article 4. Sovereign rights and jurisdiction of Ukraine in the exclusive (maritime) economic zone of Ukraine
Ukraine in its exclusive (maritime) economic zone has:
The sovereign rights to the intelligence, development and preservation of natural resources both live and unliving in waters covering the sea floor, on the sea floor and in its interior, and to manage these resources and to carry out other activities to Economic intelligence and development of the specified zone, including energy production by using water, currents, and wind;
the jurisdiction provided by the relevant provisions of this Law and the rules of international law on the creation and use of artificial islands, installations and structures, the exercise of marine scientific research, protection and preservation of the marine environment;
Other rights stipulated by this Act, other legislative acts of Ukraine and the universally accepted rules of international law.
Sovereign rights and jurisdiction of Ukraine concerning the maritime bottom of the exclusive (maritime) economic zone and its interior are implemented in accordance with the legislation of Ukraine on the continental shelf and Codes of Ukraine About the .
Article 5. Cooperation in Ukraine with other states
Ukraine to coordinate the management of living resources of its exclusive (maritime) economic zone, their conservation, intelligence and optimal use, conduct scientific research, protection and conservation of the marine environment cooperate with others States on the basis of international treaties.
Article 6. Rights and duties of other states in the exclusive (maritime) economic zone of Ukraine
Ukraine, exercising its rights and fulfilling its obligations in the exclusive (maritime) economic zone, is duly taken into account the rights and obligations of other states.
In the exclusive (maritime) economic zone of Ukraine, all states both are coastal and those without the exit of the seas enjoy the provisions of this Act, other acts of legislation of Ukraine, as well as universally recognized norms of international law. rights, freedom of navigation and flying, laying of underwater cables and pipelines and other legal in terms of international law of the use of the sea space.
Article 7. Conservation and use of fish and other living resources
Ukraine provides the optimal use of fish and other living resources in its exclusive (maritime) economic zone by taking appropriate measures to preserve and manage them.
Fisheries and other living resources, as well as research, intelligence and other operations related to such industry in the exclusive (maritime) economic zone of Ukraine, are carried out by foreign legal and physical persons only on the basis of international agreements.
Foreign legal and physical persons who lead fishing in the exclusive (maritime) economic zone of Ukraine according to this article should follow the requirements for conservation of fish and other living resources, as well as other provisions and conditions established in the country. in this Act and other acts of legislation of Ukraine.
Article 8. Anadronous species of fish
Ukraine, in the rivers of which is formed by the reserves of anadromous fish species, implements their rights based on the first interest in such reserves and is responsible for the highest interest.
Specially authorized bodies of Ukraine provide the preservation of the reserves of anadroid species of fish by entering appropriate measures and establishing regulations for fisheries regulation in the exclusive (maritime) economic zone, in particular the definition of general the volume of the acceptable output, and collaborating with this purpose with the relevant bodies of other interests in the states if these fish species migrate outside the exclusive (maritime) economic zone of Ukraine.
Article 9. Ensuring compliance with the legislation of Ukraine on the exclusive (maritime) economic zone
Ukraine to ensure its sovereign rights to intelligence, exploitation, conservation of living resources and governance in its exclusive (maritime) economic zone takes measures (including review, inspection, arrest and judicial review) to ensure The legislation of Ukraine.
The order and conditions of use of fish and other living resources of the exclusive (maritime) economic zone are set by the Cabinet of Ministers of Ukraine.
The functions of an authorized body that interacts with the European Union, with the authorities of foreign powers (their competent bodies and organizations) on the execution of the requirements of the system of prevention and elimination of illegal, unaccountable and unregulated Fisheries, the central executive body, implements state policy in fisheries.
{Article 9 is supplemented by part one by the Law No. 5462-VI of 16.10.2012 }
Article 10. Artificial islands, installations and structures
Ukraine in its exclusive (maritime) economic zone has exclusive right to create, as well as allow and regulate facilities, exploitation and use of artificial islands, installations and structures for marine scientific research, intelligence and development of natural resources, as well as other economic goals in accordance with the current legislation of Ukraine.
Article 11. Jurisdiction of Ukraine on artificial islands, installations and structures
Ukraine in its exclusive (maritime) economic zone has exclusive jurisdiction over artificial islands, installations and structures, including regarding customs, tax, sanitary and immigration laws and regulations, as well as laws and regulations relating to it. Security.
Ukraine can install around artificial islands, installations and structures of security zones and make appropriate measures to guarantee the safety of both shipping and artificial islands, installations and structures. The width of the security zones should not exceed 500 meters, taken from each point of their outer edge, except when the other permitted by universally accepted international standards or recommended by an international organization.
Article 12. Maintenance and exploitation of artificial islands, installations and structures
Legal and physical persons of Ukraine and other states, international organizations responsible for the maintenance and exploitation of artificial islands, installations and structures, are required to provide detention in a proper state of permanent alert. Presence.
Any remaining or unused installations and structures must be removed in the shortest term and thus not to create obstacles to shipping and fishing or threats to the pollution of the marine environment.
On the creation of artificial islands, the construction of installations and structures, the installation of the security zones around them, and the full or partial liquidation of these installations and the structure is given the appropriate message in the order established by the Cabinet of Ministers of Ukraine.
Article 13. Marine science studies
Maritime science studies in the exclusive (maritime) economic zone of Ukraine are held only by the consent of specially authorized bodies of Ukraine in accordance with the legislation of Ukraine and international treaties of Ukraine.
Maritime science studies in the exclusion (maritime) of the economic zone of Ukraine have the right to conduct all states, regardless of their geographical position, their legal and physical persons, and international organizations under compliance with the legislation of Ukraine.
Ukraine, by exercising its jurisdiction, has the right to regulate and allow to conduct maritime science research in its exclusive (maritime) economic zone. The specially authorized organs of Ukraine give their consent to the conduct of maritime scientific research in the exclusive (maritime) economic zone under the condition that these studies are conducted only in peaceful purposes, to expand knowledge about the maritime environment. The human rights of the world are not the threat of the natural environment.
Ukraine may refuse to provide consent to the exercise by other states, their legal and physical entities, international maritime scientific project organizations in its exclusive (maritime) economic zone if this project:
1) directly related to intelligence and development of both living and unliving natural resources;
2) envisage the drilling of the sea floor, the use of explosives or the imposition of harmful substances into the marine environment;
3) includes construction, operation or use of artificial islands, installations and structures;
4) aimed at the underwater cultural and/or archaeological heritage, to prevent the violation of its sovereign rights or jurisdiction established by international law, including: United Nations Convention of the sea law.
{Part of Article 13 is supplemented by paragraph 4 under the Law No. 2947-VI of 13.01.2011 }
Foreign states, their legal and physical persons, as well as international organizations that intend to conduct maritime scientific research in the exclusive (maritime) economic zone of Ukraine, serve specially authorized bodies of Ukraine six months before. The intended date of maritime science project is to complete complete information about the nature and purpose of the project, method and means used, the exact geographical coordinates of the areas in which the project will be carried out, and other data.
If the given information is inaccurate or foreign power, its legal and physical persons or the relevant international organization that runs the project has unfulfilled obligations to Ukraine, stemming from a previously carried out scientific project specifically. The authorized bodies of Ukraine may refuse to allow for maritime research.
Article 14. Conditions for marine scientific research
While conducting marine scientific studies in the exclusive (maritime) economic zone of Ukraine, foreign states, their legal and physical persons, international organizations that have received this permit by specially authorized bodies of Ukraine, are required enforce the following conditions:
1) to provide the participation of representatives of Ukraine in maritime scientific research, in particular on board research vessels and on other research facilities, to provide specially authorized bodies of Ukraine to their request for previous reports, and Other materials and findings of research;
2) to provide specially authorized bodies of Ukraine at their request the ability to access all data and samples obtained during marine science studies, transfer them materials of which can be made a copy, and samples that can be shared without harm their scientific value, and to provide information containing the assessment of such data, samples and results of research, or to submit assistance in their assessment and interpretation;
3) not to discourage activities carried out in order to implement sovereign rights and jurisdiction of Ukraine according to Articles 4 , 7 and 8 This Act;
(4) To immediately inform the specially authorized bodies of Ukraine on any significant changes in the programme of research;
(5) To clean up research installations or equipment after completion of research if no other deal is concluded;
6) ensure the preservation of the objects of the underwater cultural and archaeological heritage in the area of research.
{Article 14 is supplemented by paragraph 6 under the Law No. 2947-VI of 13.01.2011 }
Article 15. Ban (Stop) Maritime Science Research
Maritime science studies in the exclusive (maritime) economic zone that are conducted with the violation of requirements articles 13 and 14 of this Act may be temporarily banned (stopped) specially authorized by the authorities of Ukraine. The decision to a temporary ban (stop) may be lifted by these bodies, and research is extended, as soon as another state, its legal or physical entity or an international organization carrying out a study, eliminate the violation and give a guarantee regarding To comply with the Act of Order established.
Maritime science studies in the exclusive (maritime) economic zone of Ukraine, which are conducted without the permission of specially authorized bodies of Ukraine, or with a retreat from the provisions Article 13 of this Act, or with significant differences from the initial research project, are subject to immediate termination.
Article 16. Preventing marine pollution
Preventing the pollution of the marine environment related to activities in the exclusive (maritime) economic zone is carried out in accordance with the legislation of Ukraine and international treaties of Ukraine.
Specially authorized bodies of Ukraine in the order defined by the legislation of Ukraine establish rules of preventing the pollution of the marine environment and regulations of shipping safety, ensure their compliance in areas with special natural resources. Characteristics where marine pollution can cause significant damage to environmental equilibrium or indefensible to disrupt it.
Article 17. Competence of the Commissioners of Ukraine to prevent the pollution of the marine environment
In the event that there are sufficient reasons to believe that a vessel that carries out swimming in the exclusive (maritime) economic zone of Ukraine has violated the requirements of the legislation of Ukraine or international law on preventing the pollution of the marine environment specifically The authorized bodies of Ukraine have the right to request this vessel information necessary to establish whether a violation was committed, and to conduct a review of this vessel in case of failure to provide an explanation or if the recipient of an explanation contradicts the obvious facts.
In the event where the place of incontient and objective evidence that a vessel that operates in the exclusive (maritime) economic zone of Ukraine has allowed violation of legislation of Ukraine or norms of international law, as stated in part one of the Contaminants of a school or related damage to the coast of Ukraine or any resources of an exclusive (maritime) economic zone on this vessel can be started See, including the ship's detention, according to the legislation of Ukraine.
If a foreign vessel is in one of the Ukrainian ports, the specially authorized organs of Ukraine may initiate consideration regarding any admitted to this vessel in the exclusive (maritime) economic zone of Ukraine violation of legislation of Ukraine or the rules of international law.
In the event that the exclusive (maritime) economic zone of Ukraine has occurred collisions of vessels, a landing on a mill or other sea accident, or action related to such an accident, which could lead to serious negative consequences for the coast and related activities. The interests of Ukraine (including fishing), specially authorized bodies of Ukraine, have the right under international law to take measures to protect against pollution or threat of its contamination with regard to the size of actual or possible harm.
Article 18. Disposal of waste or other materials and items
The burial within the exclusive (marine) economic zone of the Ukraine of waste or other materials and items is prohibited.
Article 19. Right to prosecute
In the presence of sufficient reason to believe that any foreign vessel violated the requirements of this Act or other relevant legislation of Ukraine and thus attempts to disappear, the right to prosecute for the purpose of detaining the vessel and further influx The offender is responsible for the order established by the Cabinet of Ministers of Ukraine. The prosecution must begin at the time of the gunner or one of its lifeboats within the exclusive (maritime) economic zone of Ukraine after the "stop" signal and stop as soon as the persecuted vessel enters the territorial waters of its territory. the country or any third state.
Article 20. Cessation of offenses and detention of violations of the exclusive (maritime) economic zone of Ukraine
Against ships that violate the legislation of Ukraine on its exclusive (maritime) economic zone, in response to the use of force, and in other exceptional cases, the circumstances of the measures required to end the violation and Detention of violators, in order that is established by the Cabinet of Ministers of Ukraine.
In the event of arrest or detention of a foreign vessel, the appropriate competent authorities will immediately report the state of the flag to take measures and apply the sanctions. The detainee vessel and its crew are immediately released after securing in a reasonable size.
Article 21. Responsibility for violations of the exclusive (maritime) economic zone of Ukraine
Citizens of Ukraine, foreigners and persons without citizenship for violations of the excluded (maritime) economic zone of Ukraine carry a disciplinary, civil-legal, administrative or criminal liability established by legislative acts Ukraine.
{Part of the first article 21 of the changes made under the Act No. 5462-VI of 16.10.2012 }
Legal persons for violations of the excluded (maritime) economic zone of Ukraine carry out the responsibility set. Articles 22 to 26 of this Act.
The enforcement of handrails to the responsibility under this Act does not release them from the duty to reimburse in accordance with the current legislation of Ukraine, which is caused by a violation of the living or other resources of the excluded (maritime) economic zone of Ukraine.
Article 22. Illegal industrial activity
Illegal intelligence or development of natural resources of the exclusive (maritime) economic zone of Ukraine, and the same creation of artificial islands, construction of installations and structures, setting around them security zones without the permission of a specially authorized body Ukraine-
We have a fine of four hundred forty-forty-forty-four hundred and four hundred unequipted minimum income-tax income, or the confiscation of funds and tools, with the application of which the infringement is committed.
{Paragraph 2 of the second part of the first article 22 with the changes made under the Act No. 607 /96-PL of 17.12.96 }
The same actions, if committed again for a year or led to a crash, deaths of vessels, loss of property or significant pollution of the marine environment
With thousands of four hundred to four hundred and four hundred and four hundred and four hundred unequipments of the income of the citizens with the confiscation of the means and tools, with the application of which the infringement is committed, or without it.
{Paragraph 2 of the second part of the second article 22 with the changes under the Act No. 607 /96-PL of 17.12.96 }
Article 23. Breach of safe operation of facilities
Non-provision of installations or other structures in the exclusion (maritime) of the economic zone of Ukraine, by constant means of warning of their presence, violation of the rules of maintenance of these means in due state or violation of the rules of elimination of the construction of which is permanently discontinued,
I'm going to make a fine of two hundred and seventy-eight hundred and eighty-eight non-tax income minimum income citizens.
{Paragraph 2 of the second part of the first article 23 of the changes made under the Act No. 607 /96-PL of 17.12.96 }
The same actions, if committed again for a year or led to a crash or death of vessels,-
With a total of four hundred to four thousand to four hundred and four hundred untax dollars of income citizens.
{Paragraph 2 of the second part of the second article 23 of the changes in accordance with the Act No. 607 /96-PL of 17.12.96 }
Article 24. Illegal exploitation of natural resources
Illegal extraction of natural resources within the exclusive (marine) economic zone of Ukraine-
We have a fine of four hundred forty-forty-four hundred and four hundred unequivocally untaxed income-taxes of citizens or the confiscation of funds and tools, with the unpaid removal of unlawfully mined resources.
{Paragraph 2 of the second part of the first article 24 with changes made under the Act No. 607 /96-PL of 17.12.96 }
The same actions, if they are committed again for a year or in large sizes, and so if they have led to significant deterioration of the reproduction conditions of fish or other living resources of the sea,
Withdrawing a fine of thousands of four hundred to six thousand six hundred unequivocally unequivocally the income of the citizens with the confiscation of the means and tools, with the application of which the infringement is committed, Resources extracted.
{Paragraph 2 of the second part of the second article 24 with the changes in the Act No. 607 /96-PL of 17.12.96 }
Article 25. Illegal conduct of marine science
Illegal conduct in the exclusive (maritime) economic zone of Ukraine for marine scientific research-
I want to make a fine of nine hundred to four hundred and fifty-fifty non-tax income minimum income citizens.
{Paragraph 2 of the second part of Article 25 of the changes made under the Act No. 607 /96-PL of 17.12.96 }
The same actions if they were committed again for a year or if they hurt Ukraine ' s state interests,-
To pull the penalty of thousands of 400 to two thousand to six hundred untax dollars of income.
{Paragraph second of second article 25 of the changes made under the Act No. 607 /96-PL of 17.12.96 }
Illegal contamination by any way of the marine economic zone of Ukraine substances harmful to the health of people or living resources of the sea, or other waste, materials and objects that can cause harm or harm. create obstacles to legal activities at sea, and as another violation of the rules of preventing marine pollution-
To impose a fine of six hundred sixty-sixty to a thousand four hundred unincorporated minimum income for citizens or the confiscation of a sea, air vessel or structure from which pollution is committed.
{Paragraph 2 of the second part of the first article 26 of the changes made under the Act No. 607 /96-PL of 17.12.96 }
The same actions, if committed again within a year or hurt the health of people, living resources of the sea, the rest zones or created serious obstacles to legal activities at sea,
With a thousand hundred and six hundred to six thousand six hundred untaxed net worth of income to citizens with the confiscation of a sea, air vessel, or without such a property.
{Paragraph second of second article 26 of the changes made under the Act No. 607 /96-PL of 17.12.96 }
Article 27. Authorities and officials authorized to apply sanctions
The right to impose fines provided by this Act is granted:
for violations predicted part of first Article 22 , part of first Article 24 , Articles 23 and 25 , part of first Article 26 -officials are authorized to the central authority of the executive branch, which implements state policy on the enforcement of state surveillance (control) in the sphere of environmental protection;
{Paragraph second of first article 27 in the edition of the Law No. 81 /96-VR of 06.03.96 ; with changes made under the Act No. 5462-VI of 16.10.2012 }
for violations predicted part of first Article 24, by the officials of the Riboguard authorities;
{Paragraph 3 of the third part of the first article 27 of the changes in accordance with the Act No. 5462-VI of 16.10.2012 }
for violations predicted Article 25 , is the organs of the Maritime Guard of the State Border Service of Ukraine in the person of a commander (chief) of the vessel identified by the violation and detention of a violator.
{The fourth part of the fourth part of the first article 17 of the changes in accordance with the Act No. 662-IV of 03.04.2003 -May take effect from 01.08.2003}
Fine, defined part of first Article 22 , part of first Article 24 , Articles 23 and 25 , part of first Article 26 , can be levied on the site by organ officials, which according to the part of the first article granted the right to impose penalties if the offender was detained in a punctuation removed from the shoreline, and he voluntarily discovered the readiness to be paid immediately. Fine.
{Part of the second article 27 in the edition of the Law No. 81 /96-VR of 06.03.96 }
The right to impose fines imposed by others Articles 22 , 24 , 26 , as well as the confiscation of the Article 22 , 24 and 26 This Act is provided by the District Court for the location of the offender's detention.
The decision to remove the illegally extracted resources is accepted by the body authorized to impose a penalty for the appropriate violation.
Article 28. Order and Lines of Accountability
The State Border Guard Service of the State Border Guard Service of Ukraine consists of an act which, along with other documents relating to the case, for three days from the day of detention of a violator, Authorized to apply sanctions. In the event of the recognition of the appropriate application of the confiscation, the documents are submitted for consideration to the district (city) court for the location of the offender's detention.
{Part of the first article 28 with the changes made under the Act No. 662-IV of 03.04.2003 -May take effect from 01.08.2003}
The authorities, authorized to apply sanctions, make decisions about their application within five days of the receipt of the documents mentioned in part one of this article. The decision is made by the ruling of the relevant body or official.
In cases that are predicted part of second Article 27, the imposition and charging of a fine may be carried out directly at the site of the breach.
The judicial review of cases of violations provided by this Act shall be made in the presence of representatives of the violator and organs that carry out the protection of the excluded (maritime) economic zone of Ukraine.
Article 29. Challenge the application of sanctions
Orders of imposing fines made by officials indicated in parts of the First and Second An article 27 may be appealed for 10 days from the day of receipt of the ordinance to the district (city) court by the whereabouts of the respective official.
Orders of imposing fines and the application of confiscations accepted by the District Court may be appealed for 10 days after their declaration in the order established by law.
{Part of the second article 29 of the changes made under the Act No. 5462-VI of 16.10.2012 }
Payment of fines imposed per day Articles 22 to 26 This Act is held in currency, which is in circulation in the territory of Ukraine.
Foreign legal persons are paying fines in a freely convertible currency in a transfer over the course of the National Bank of Ukraine for a day of violation.
The penalty fee is held by the lieutenant voluntarily for one month from the day of the penalty, and in the event of an appeal-during the month of the refusal of the court in the satisfaction of the complaint.
In the event of non-payment of a fine in the lines, set by the third of this article, it is levied through a court order established by the current legislation of Ukraine to carry out the court decisions.
In the case of a fine in the set of lines of a foreign legal entity, the district (city) court, under a statement of the relevant body that guards the exclusive (maritime) economic zone, may decide to apply instead of the penalty A partial confiscation of the detainee is either taken as a property or property of a legal entity, a violator.
The confiscation of property provided by this Act is exercised in the order established by the current legislation.
Article 31. Protection of sovereign rights of Ukraine in the exclusive (maritime) economic zone
The protection of sovereign rights of Ukraine in the exclusive (maritime) economic zone and control of the realization of rights and implementation of obligations of other states, Ukrainian and foreign legal and physical persons, international organizations in it is carried out by the State the border service of Ukraine, the central body of executive power, implementing state policy in the sphere of fisheries, and the central body of the executive power, implementing state policy on State surveillance (control) in the field of environmental protection in the order established by the Cabinet The Ministers of Ukraine, with the proper consideration of the interests of other states stipulated by the norms of international law.
{Article 31 with the changes in accordance with the Laws No. 662-IV of 03.04.2003 , No. 5462-VI of 16.10.2012 }
Article 32. International treaties
If the UN Convention on the Law of the Sea of 1982 or the International Treaty of Ukraine establishes other rules than those contained in this Act, the rules of the Convention or the relevant international treaty are applied.
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