On Introduction Of Amendments To Certain Legislative Acts Of Ukraine Regarding Optimization Of The Powers Of The Executive Power In The Sphere Of Ecology And Natural Resources, Including At The Local Level

Original Language Title: Про внесення змін до деяких законодавчих актів України щодо оптимізації повноважень органів виконавчої влади у сфері екології та природних ресурсів, у тому числі на місцевому рівні

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Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/5456-17

The LAW of UKRAINE on amendments to certain legislative acts of Ukraine regarding optimization of the powers of the Executive power in the sphere of ecology and natural resources, including at the local level (Supreme Council (BD), 2013, no. 46, item 640) of the Verkhovna Rada of Ukraine decides: I. Make changes to the following acts: 1. In the code of administrative offences (Supreme Council of USSR, 1984. , addition to no. 51, art. 1122): 1) in article 82-4 the words "the specifically authorized body of the Executive power for environmental protection", replace the words "central body of the Executive power, which implements the State policy in the sphere of environmental protection, regional, Kyiv and Sebastopol city State administrations, body of the Executive power of the Autonomous Republic of Crimea on issues of environmental protection";

2) article 231-1 exclude;

3) article 239 lay in the following wording: "article 239. The central executive body that implements the State policy in the field of geological study and rational use of the bowels of the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, examines the cases of administrative offences provided for in articles 57, 58 of this code.

On behalf of the central body of the Executive power, which implements the State policy in the field of geological study and rational use of bowels, hear cases of administrative offences and impose administrative penalties are authorized designees on how officials of the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the land Interior;

4) article 242-1 put in the following wording: "article 242-1. The central executive body that implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources of the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, considering the cases of administrative offences provided for in articles 47-50, 52-53-1 53, 3-54, 59-77-1, article 78 (except for violations of sanitary-and-hygienic and sanitary and anti-epidemic rules and norms), articles 78-1-79, articles 80-83 (except for violations of sanitary-and-hygienic and sanitary and anti-epidemic rules and norms), parts of the first and third articles, articles 85, 86, 87, article 89 (for wildlife), article 90-1 (except for violations of sanitary-and-hygienic and sanitary and anti-epidemic rules and norms), articles 91-1-91-4, article 95 (except for violations of sanitary-and-hygienic and sanitary and anti-epidemic rules and norms and regulations for nuclear safety) , article 153, article 167 (concerning realization of oil products, environmental indicators which do not meet the requirements of standards, norms and regulations) and article 188-5 of this code.

On behalf of the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, to consider the cases of administrative offences and impose administrative penalties have the right Chief State Inspector of Ukraine on environment protection and his deputies, senior government inspectors of Ukraine on environment protection, State Inspector of Ukraine on environment protection , the main public inspectors of environmental protection of Autonomous Republic of Crimea, oblasts, cities of Kiev and Sebastopol and their deputies, chief public inspectors of environmental protection the black and Azov Seas and their deputies, senior government inspectors from the environmental protection, public inspectors of environmental protection of the respective territories;

5) in Article 255: a) paragraph bodies specially authorized central body of the Executive power in the sphere of ecology and natural resources (article 85, 85-1, 88, 88-1, 88-2, 90, 91) "item 1 part lay in the following wording:" the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources (part of the second , the fourth and fifth article 85, article 86, 88, 89-1, 88-2, 90, 91, 164-in violation of the order of business activity related to rational use, reproduction and protection of natural resources (soil, subsoil, surface waters, atmospheric air, fauna and flora, natural resources of the territorial waters, continental shelf and exclusive (maritime) economic zone of Ukraine, the extraction and use of fish and other aquatic resources), waste (other than radioactive waste) , dangerous chemicals, pesticides and agrochemicals;


in paragraph 2 the figures "149-154" replace numerals ", 149-152, 154", and the words and figures "article 78-84 (except for violations of sanitary regulations and norms on the protection of atmospheric air as well as offences related to exceeding standards of noise utvorûvanogo avtomototransportnimi agents during work) exclude;

b) in part the second: in paragraph 2 the word and figures "65, 66, 70, 73, 77, 82, 89, 90-1, 153 and 202" replace the word and figures "(article 202);

item 7 put in the following wording: "7) public Inspector of environmental protection (articles 48, 63-70, 73, 76-77, 78, 82, parts of the first and the third article 85, article 89 (for wildlife), article 91-4, 153);

paragraph 14 deleted;

in paragraph 16, the words and figures "part of the first and third articles 85 exclude.

2. in the Forest Code of Ukraine (Verkhovna Rada of Ukraine, 1994, no. 17, item 99): 1) in part three of article 17, the words "territorial bodies of central executive bodies on the issues of forestry and environmental issues", replace the words "the Executive power central body that implements the State policy in the field of forestry, oblast, Kyiv, Sevastopol City State administrations, the executive body of the Autonomous Republic of Crimea on issues of environmental protection. In the case of a decision on the provision of scaffolding in the constant use of the oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the sphere of environmental protection. Decisions by the Cabinet of Ministers of Ukraine does not require approvals of other bodies;

2) in parts of the fourth and fifth article 18 the words "territorial bodies of Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of forestry" replaced the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and the central body of the Executive power, which implements the State policy in the field of forestry";

3) article 28 lay in the following wording: article 28. The powers of the central body of the Executive power, which ensures the formation of State policy in the field of forestry central body of the Executive power, which ensures the formation of State policy in the field of forestry: 1) defines the priority areas and the strategy of development in the field of forest relations;

2) provides for the formation of State policy in the field of forest relations;

3) develops and organizes the execution of targeted, industry and other public programs, protection, use and reproduction of forests;

4) provides legal regulation of forest management;

5) solves other questions defined by the laws of Ukraine and assigned to it the acts of the President of Ukraine ";

4) supplemented by article 28-1 this content: "article 28 1. The powers of the central body of the Executive power, which implements the State policy in the field of forestry's central executive body that implements the State policy in the field of forestry: 1) makes proposals concerning the formation of the State policy;

2) carries out State control for compliance with the laws and regulations on forestry;

3) organizes the conducting processing and accounting of the State of forests, forest inventory and monitoring of forests;

4) organizes forest management and rational use of forest resources;

5) ensures the functioning of State forest protection, coordinates the activities of forest protection of other permanent lìsokoristuvačìv and owners of forests;

6) coordinates the implementation of measures for the protection of forests from fires and protection against pests and diseases;

7) coordinates the work of the forestry subordinate scientific research institutions;

8) involved in the training, retraining and improving the qualifications of personnel for forestry;

9) issuing the licence in accordance with the law;

10) makes proposals concerning limitations or temporary cessation of activity of the enterprises, institutions and organizations regardless of their subordination and forms of property in the event of breach of the forest legislation;

11) makes a decision about inclusion of forests to the corresponding category;

12) carries out international cooperation on forest management;

13) solves other questions defined by the laws of Ukraine and assigned to it the acts of the President of Ukraine ";

5) article 29: a) in part 1: in paragraph 1 the words "making suggestions regarding the formation and implementation of" substitute "provides formation";

paragraphs 3, 6 and 10-13 to exclude;

item 14 to lay out in the following wording: "14) solves other questions defined by the laws of Ukraine and assigned to it the acts of the President of Ukraine";

b) of the second to exclude;

6) supplemented by articles 29-1 to 29-2 the following contents: "article 29-1. The powers of the central body of the Executive power, which implements the State policy in the sphere of environmental protection in the field of forest relations the central executive body that implements the State policy in the sphere of environmental protection in the field of forest relationship: 1) endorses the materials processing;

2) provides coordination of projects of drainage of land forest parcels;


3) organizes the conducting of ecological expertise on industrial and other objects, chemicals on forests approve lists of pesticides allowed for use in forests, establishes regulations for their application;

4) solves other questions defined by the laws of Ukraine and assigned to it the acts of the President of Ukraine.

Article 29-2. The powers of the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, in the field of forest relations the central executive body that implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, in the field of forest relations : 1) carries out State supervision (control) for compliance with the requirements of the environmental legislation in the field of security, protection, use and reproduction of forests;

2) examines the cases of administrative offences;

3) limiting or stopping (temporarily) in the prescribed manner the activities of the enterprises, institutions and organizations regardless of their subordination and forms of ownership, if it is carried out in violation of the legislation on environmental protection, the requirements of permits for the use of natural resources;

4) applies in cases stipulated by law, economic sanctions to enterprises, institutions and organizations, their officials and officers, citizens for violations of the requirements of the legislation, submits claims to the Court for damages and losses caused by such violation;

5) solves other questions are defined by law and assigned to it the acts of the President of Ukraine ";

7) in part three of article 38 of the words "central body of the Executive power on the issues of forestry" replaced the words "central body of the Executive power, which ensures the formation of State policy in the field of forestry";

8) in article 41: in a part of the second word "territorial bodies of Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and regional, Kyiv, Sevastopol City State administrations";

in part 4 of the words "territorial bodies of the central body of the Executive power on the issues of environmental protection and territorial bodies of the central body of the Executive power on the change of forestry under the words" regional, Kyiv, Sevastopol City State administrations and the central body of the Executive power, which implements the State policy in the field of forestry ";

9) part of the third article 42 lay out in the following wording: "age of ripeness derevostanìv approved by the Executive power central body that implements the State policy in the field of forestry, in agreement with the central body of the Executive power, which implements the State policy in the field of environmental protection";

10) part of the fourth article 43 lay in the following wording: "the expected lìsosìka is approved by the central body of the Executive power, which ensures the formation of State policy in the sphere of environmental protection, in consultation with the central body of the Executive power, which implements the State policy in the field of forestry";

11) in part 1 of article 47 of the words "central body of the Executive power on the issues of forestry" replaced the words "central body of the Executive power, which ensures the formation of State policy in the field of forestry";

12) in part 4 of article 48 of the words "territorial bodies of Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and the central body of the Executive power, which implements the State policy in the field of environmental protection";

13) in the first paragraph of article 52 of the words "territorial bodies of Central Executive authority on forestry" replaced the words "central body of the Executive power, which implements the State policy in the field of forestry";

14) of the second article 56 lay in the following wording: "Organization and conduction of forest certification are carried out according to the order, which is set by the central body of the Executive power, which ensures the formation of State policy in the field of forestry, in agreement with the central body of the Executive power, which ensures the formation of the State policy of economic development, and the central body of the Executive power, which ensures the formation of State policy in the field of environmental protection";


15) in part three of article 57 of the words "territorial bodies of central executive bodies on forestry and environmental protection", replace the words "the Executive power central body that implements the State policy in the field of forestry, oblast, Kyiv, Sevastopol City State administrations. In the case of a decision on changing the purpose of land forest areas of the oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the sphere of environmental protection. Rezoning of land forest areas by the Cabinet of Ministers of Ukraine does not require approvals of other bodies;

16) part of the fourth article 58 the words "territorial bodies of the central body of the Executive power on the issues of environmental protection", replace the words "regional, Kyiv, Sevastopol City State administrations. In the case of a decision regarding the logging of trees and shrubs oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the sphere of environmental protection. Decisions by the Cabinet of Ministers of Ukraine does not require approvals of other bodies;

17) article 59 of the words "territorial Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and regional, Kyiv, Sevastopol City State administrations. In the case of the decision to transfer land forest parcels to nelìsovih lands for the purposes associated with prosecution of forestry, oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the sphere of environmental protection. Decisions by the Cabinet of Ministers of Ukraine does not require approvals of other bodies;

18) in part 1 of article 61 the words "authorities on the issues of forestry and environmental issues of Autonomous Republic of Crimea, territorial bodies of central executive bodies on the issues of forestry, environment protection," replace the words "authorities of Autonomous Republic of Crimea on forestry and on issues of environmental protection, the central body of the Executive power that implements the State policy in the field of forestry, the central body of the Executive power, which implements the State policy in the field of environmental protection ";

19) in part 1 of article 62 of the words "territorial bodies of central executive bodies on forestry and environmental protection", replace the words "central body of the Executive power, which implements the State policy in the field of forestry, regional, Kyiv and Sebastopol city State administrations. In the case of adoption of a decision to grant land to forest areas for the extraction of minerals (except for the extraction of minerals of local significance for own needs), cable lines, pipelines and other communications, drilling, blasting and other activities not related to the running of forestry, oblast, Kyiv, Sevastopol City State administrations conclusion provided by the central body of the Executive power, which implements the State policy in the sphere of environmental protection. Decisions by the Cabinet of Ministers of Ukraine does not require providing the conclusions of other bodies;

20) in the second article 66 the words "territorial Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and regional, Kyiv, Sevastopol City State administrations. In the case of the decision to establish the maximum norms of free collection of wild herbal plants, flowers, berries, nuts, mushrooms, and more regional, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the field of environmental protection ";

21) in the second article 69 the words "territorial bodies of Central Executive authority on forestry" replaced the words "central body of the Executive power, which implements the State policy in the field of forestry";

22) in article 70:


a) in the part of the sixth word "territorial Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and the central body of the Executive power, which implements the State policy in the field of environmental protection";

b) of the seventh word "central body of the Executive power on the issues of environmental protection", replace the words "central body of the Executive power, which implements the State policy in the field of environmental protection";

23) in part three of article 72 of the words "territorial Central Executive authority on forestry and the territorial bodies of the central body of the Executive power on the issues of environmental protection" to replace the words "in accordance with the central body of the Executive power, which implements the State policy in the field of forestry and regional, Kyiv, Sevastopol City State administrations. In the case of adoption of the decision establishing the limit of the use of forest resources in the preparations of a secondary forest materials, oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the field of environmental protection ";

24) in part 4 of article 73 of the words "executive authority on Forestry of Autonomous Republic of Crimea, the regional bodies of the central body of the Executive power on the issues of forestry" and "executive authority on issues of environmental protection of Autonomous Republic of Crimea, territorial bodies of Central Executive authority on issues of environmental change under the words" central body of the Executive power, which implements the State policy in the field of forestry and on the territory of Autonomous Republic of Crimea-body of the Executive power of the Autonomous Republic of Crimea on forestry and regional, Kyiv, Sevastopol City State administrations, the executive body of the Autonomous Republic of Crimea on issues of environmental protection. In the case of adoption of the decision establishing the limit of the use of forest resources in the administration side of forest koristuvannya oblast, Kyiv, Sevastopol City State administrations decision agrees to the central body of the Executive power, which implements the State policy in the field of environmental protection ";

25) in the second article 80, the words "the relevant territorial bodies of Central Executive authority on forestry" replaced the words "central body of the Executive power, which implements the State policy in the field of forestry";

26) in article 86:) in parts 2 and 4 of the words "central body of the Executive power on the issues of forestry" replaced the words "central body of the Executive power, which ensures the formation of State policy in the field of forestry";

b) of five words "authorities on the issues of forestry" replaced the words "central body of the Executive power, which implements the State policy in the field of forestry";

27) Article 87 of the words "territorial bodies of central executive bodies on the issues of forestry, environment protection" to replace the words "the Executive power central body that implements the State policy in the field of forestry, oblast, Kyiv, Sevastopol City State administrations";

28) second paragraph of article 89 lay in the following wording: "State Forest Conservancy, which operates as part of the central body of the Executive power, which implements the State policy in the field of forestry, the executive body of the Autonomous Republic of Crimea on forestry and the enterprises, institutions and organizations that belong to the sphere of their management;

29) article 94 lay in the following wording: "the State control over security, protection, use and reproduction of forests is carried out by the Cabinet of Ministers of Ukraine, the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, the central body of the Executive power, which implements the State policy in the field of forestry, executive bodies, Autonomous Republic of Crimea on forestry and environmental issues other executive bodies within the powers defined by law ";


30) in parts of the first, third and fifth article 103 words "authorities on the issues of forestry and environmental issues" in all cases replacing the words "central body of the Executive power, which implements the State policy in the field of forestry, central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, the rational use of playback and protection of natural resources "in the relevant case;

31) in part 1 of article 104 of the words "executive authority on forestry, with the issues of environmental protection" to replace the words "central body of the Executive power, which implements the State policy in the field of forestry, central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources";

32) Article 109 lay in the following wording: "the central body of the Executive power, which implements the State policy in the field of forestry, central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, local executive bodies, authorized bodies of State power, local self-government bodies within its competence, in the manner determined by legislative acts, stop work, enterprises, institutions, organizations and citizens, if their conduct cannot be installed technological, sanitary and other special requirements for the security of the natural state of forests and their reproduction;

33) in the text of the code: the words "central body of the Executive power on the issues of environmental protection" in all cases replacing the words "central body of the Executive power, which ensures the formation of State policy in the field of environmental protection" in the relevant case;

the words "central body of the Executive power on the issues of forestry" in all cases replacing the words "central body of the Executive power, which implements the State policy in the field of forestry" in the appropriate case.

3. In the code of Ukraine on the bowels (Supreme Council of Ukraine, 1994, no. 36, item 340): 1) in part 1 of article 4, the words "the people of Ukraine" in all cases replacing the words "Ukrainian people" pronounced;

2) of the sixth article 5, after the words "minerals" add the words "and the reserve of the Fund;

3) in article 6 the words "specifically authorized central body of the Executive power of the geological study and ensure the rational use of the subsoil" replace the words "central body of the Executive power, which ensures the formation of State policy in the field of environmental protection";

4) in article 7:3-4-1 exclude;

5 Add the words "in accordance with the Constitution of Ukraine";

5) in article 8, paragraph 14 deleted;

supplement paragraph 15-1 the following contents: "15-1) approval of the list of areas of the subsurface that are of special scientific, cultural or natural-protected value and may not be in use on the terms of production sharing agreements";

6) in article 11 the words "Ministry of environmental protection of Ukraine, specifically authorized central body of the Executive power of the geological study and ensure the rational use of the subsoil, the State Committee of Ukraine on supervision of labour safety, the Council of Ministers of the Republic of Crimea, other State authorities, local councils of people's deputies and executive bodies on the ground" to replace the words "central body of the Executive power, which ensures the formation of State policy in the field of environmental protection the central executive body that implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy in the sphere of labour protection, the authorities of the Autonomous Republic of Crimea, local authorities, other State authorities and bodies of local self-government;

7) article 12 lay in the following wording: "citizens and their associations have the right to participate in the development and implementation of measures on rational use and protection of the subsoil, which carry out executive authorities, authorities of the Autonomous Republic of Crimea and local government";

8) article 16 after parts of the seventh to complement the new part of the following content: "the renewal of special permits for subsurface use, making these changes, the issuance of duplicates of the continuing validity of special permits for subsurface use, stop their validity or cancellation, updating their actions in case of a suspension made the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil in the order established by legislation order."

In this regard, part of the 8th-10th count in accordance with sections of the ninth-eleven completed;

9) in part three of article 17, the words "organs of State mining supervision" to replace the words "the central body of the Executive power, which implements the State policy in the sphere of labour protection;


10) in article 21, the words "authorities of the Ministry of environmental protection of Ukraine", replace the words "the Council of Ministers of Autonomous Republic of Crimea, regional, Kyiv and Sevastopol City State administrations", and the words "of the Ministry of health of Ukraine on the ground"-the words "central body of the Executive power, which implements the State policy in the field of sanitary and hygienic welfare of population";

11) in the second article 23 the words "authorities of the Ministry of environmental protection of Ukraine on the ground" to replace the words "regional, Kyiv and Sevastopol City State administrations";

12) article 39 lay in the following wording: "article 39. The State registration and accounting of works and researches related to the geological study of subsurface geological information work and studies related to the geologic study of the bowels, subject to mandatory State registration and accounting of in order to generalize and maximum use of the results of the study of the subsurface, as well as preventing the duplication of these works.

State registration and accounting of works and researches related to the geological study of the bowels, central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil.

Order of disposal of the geological information of the Cabinet of Ministers of Ukraine ";

13) in the second article 42 the word "implemented" replace the words "carries out the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the land Interior;

14) in article 45: parts 2 and 4 the words "the State Commission of Ukraine on mineral resources", replace the words "the Executive power central body that implements the State policy in the field of geological study and rational use of the land Interior;

in the third part, the words "the State Commission of Ukraine on mineral resources", replace the words "the central body of the Executive power, which ensures the formation of State policy in the field of environmental protection";

15) in article 49 of the words "authorities of the State of the mining supervision, environmental protection, public sanitation supervision, with territorial geological enterprises" to replace the words "the Executive power central body that implements the State policy in the sphere of labour protection, the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy in the field of sanitary and hygienic welfare of population , oblast, Kyiv and Sevastopol City State administrations ";

16) part of the second article 51 "by the Ministry of environmental protection of Ukraine", replace the words "the Executive power central body that implements the State policy in the field of geological study and rational use of bowels of the Earth", and the words "or constantly acting Commission in case of conclusion of a production sharing agreement exclude;

17) of the fifth article 54 lay in the following wording: "Liquidation and conservation of the mining objects or areas are in agreement with the central body of the Executive power, which implements the State policy in the sphere of labour protection, and other interested bodies in the manner prescribed by the central body of the Executive power, which ensures the formation of State policy in the sphere of mining and industrial safety;

18) in part three of article 55 of the words "authorities of the State of the mining supervision or other specially authorized to" replace the words "the Executive power central body that implements the State policy in the sphere of labour protection, or other";

19) the first part of article 57 lay in the following wording: "in case of violation of the requirements of article 56 and other articles of this code of subsoil use may be limited, temporarily banned (stopped) or terminated by the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy in the sphere of labour protection, or other State Agency authorized the use of such measures, in the manner prescribed by law ";

20) in article 58: and) part of the second lay in the following wording: "Building area of mineral deposits of national importance, as well as building on the areas of their occurrence, not associated with the extraction of minerals, are allowed in exceptional cases only in agreement with the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy in the sphere of labour protection. This should be carried out measures that will provide the ability to extract from the bowels of minerals;

b) in part 4 of the words "the relevant local councils of people's Deputies" to replace the words "the relevant local councils";

21) article 61 lay in the following wording: "article 61. Authorities exercising State control and supervision of the prosecution of the work of the geological study of the subsurface resources, their use and protection


State control of geological study of the subsurface (the State Geological monitoring) and the rational and efficient use of the bowels of Ukraine is the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil.

State supervision for doing work on the geological study of the subsurface resources, their use and protection, as well as the use and processing of mineral raw materials (the State mining supervision) is the central body of the Executive power, which implements the State policy in the sphere of labour protection.

State control over the use and protection of the subsoil within its competence provides the central executive body that implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources ";

22) in article 62: a) in the title and text of the article the words "organs of the State Geological monitoring" in all cases replacing the words "organ of the State Geological monitoring" in the relevant case;

b) of the first put in the following wording: "the organ of the State Geological monitoring checks: 1) requirements concerning the protection of bowels during maintenance works with their learning;

2) implementation of national programs of exploration works, geological tasks and orders;

3) validity of application of techniques and technologies, quality, comprehensiveness, efficiency of work on the geological exploring of bowels;

4) enforcement of decisions on methodological work on the geological study and use of the land Interior;

5) compliance with regulations, standards and other requirements for geological study and use of the land Interior, special permits for subsurface use agreements and terms of use of the land Interior;

6) completeness of geological structure of the subsoil, mining engineering, engineering-geological, geological-environmental and other conditions of study of mineral deposits;

7) compliance with the exploration and scientific research, state contracts and orders, as well as projects concerning the carrying out of such works;

8) the use of means and methods of conducting the work of the geological study of the subsurface that eliminate unnecessary loss of minerals and the deterioration of their quality;

9) timeliness and compliance with the requirements of the commissioning of the explored mineral deposits;

10) compliance during the research and industrial exploitation of deposits of minerals technologies, which provide the necessary their study without reducing this commercial value;

11) save exploration of mine workings and wells for the development of mineral deposits, the preservation of the geological documentation, samples, duplicate samples, which can be used to further the study of bowels;

12) validity areas of search, exploration and other work of the geological study of the land Interior;

13) the timeliness and correctness of the State registration of works of geological study and use of the subsoil, the presence of special permits for subsurface use and execution provided by them;

14) completeness and the likelihood of initial data about the quantity and quality of supplies and spìl′nozalâgaûčih minerals components contained in them, as well as enterprises and organizations reporting balances of reserves of mineral resources;

15) accounting for extraction of oil, gas and related components;

16) conduct search and reconnaissance and other works of the geological study of groundwater;

in the second part of) the word "provide" replace the word "provide";

g) in a paragraph to the first part of the third word "should replace the word" has ";

23) article 63:) in the title and text of the words "organs of the State mining supervision in all cases replacing the words" organ of the State mining supervision in the relevant case;

b) in part 1: in the first paragraph, the word "check" replace the word "tests";

paragraph 2 excluded;

paragraph 3, put in the following wording: "3) fulfilling the requirements regarding protection of bowels in establishing standards on mineral raw material and exploitation of mineral deposits;

Add item 9-1 the following contents: 9-1) the willingness of the Government paramilitary rescue services and units, and dispatchers to localization and elimination of consequences of accidents;

in the first paragraph) of part two "should replace the word" has ";

24) part of the first-fourth article 64 to the following wording: "Disputes on subsoil use are considered an organ of the State Geological monitoring, the authority of the State of the mining supervision, the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, local councils or the Court in the manner prescribed by the legislation of Ukraine.

Local councils decide disputes on subsoil use, related to the development of mineral deposits local significance, peat, fresh underground waters.


The plaintiffs-the central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy in the sphere of labour protection, the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources, are exempt from payment of State fees for the collection of funds and damages caused by the State as a result of violation of legislation about bowels.

Disputes on subsoil use, arising from other States, as well as between foreigners, persons without citizenship, foreign legal entities and the owner of the subsoil are treated in accordance with the legislation of Ukraine;

25) in the text of the code: the words "specially authorized central body of the Executive power of the geological study and ensure the rational use of bowels of the Earth" in all cases replacing the words "central body of the Executive power, which implements the State policy in the field of geological study and rational use of the subsoil" pronounced;

the words "the State Committee of Ukraine on supervision of labour safety" in all cases replacing the words "central body of the Executive power, which implements the State policy in the sphere of labour protection" pronounced;

the words "Council of people's Deputies" in all cases replacing the word "Council" in the relevant case;

the words "organs of State executive power", "specially authorized bodies of State executive power" in all cases replacing the words "executive authorities" pronounced;

the words "executive bodies on the ground" in all cases replacing the words "local authorities" in the relevant case;

the words "foreign legal entities and citizens, foreign legal persons and citizens" in all cases replacing the words "foreigners and persons without citizenship, foreign legal entities" in the appropriate case.

4. The Water Code of Ukraine (Verkhovna Rada of Ukraine, 1995, no. 24, art. 189): 1) in the first paragraph of the preamble the words "people of Ukraine", replace the words "Ukrainian people";

2) article 6: a) in part 1 of the words "people of Ukraine", replace the words "Ukrainian people";

b) in the part of the second word "the people of Ukraine", replace the words "Ukrainian people";

3) in article 7, paragraphs 4-6 exclude;

paragraph 7, add the words "in accordance with the Constitution of Ukraine";

4) in article 8, paragraph 7 the words "State public health and environmental protection", replace the words "the Executive power central body that implements the State policy in the field of sanitary and hygienic welfare of population, and the central body of the Executive power, which implements the State policy in the field of environmental protection";

5) in articles 9 and 10, the word "tips" to replace the word "tips";

6) article 11: in paragraphs 1 and 2, the word "other" is deleted;

in paragraph 3 the words "specially authorized State bodies in the sphere of use and protection of water and water resources" to replace the words "the Executive power central body that implements the State policy of exercising State supervision (control) in the field of environmental protection, rational use and protection of natural resources";

7) article 13: a) in the part of the second word "Government of Autonomous Republic of Crimea, local councils and their executive committees, the specially authorized bodies of State executive power, replace the words" the Council of Ministers of Autonomous Republic of Crimea, village, Township, city councils and their executive bodies, district, Regional Council, bodies of executive power ";

b) of the third lay in the following wording: "the bodies of the Executive power in the sphere of use and protection of water and water resources is the central body of the Executive power, which ensures the formation of State policy in the sphere of environmental protection, the central body of the Executive power, which implements the State policy in the sphere of environmental protection, the central body of the Executive power, which implements the State policy in the sphere of development of water economy the central executive body that implements the State policy in the field of geological study and rational use of the subsoil, the central body of the Executive power, which implements the State policy of exercising State supervision (control) in the field of protection and rational use of water and water resources, and other bodies in accordance with the law ";

8) in paragraph 5 of article 14 of the words "and regional", "regional approval programs exclude;

9) article 15: a) in part 1: item 1 put in the following wording: "1) ensuring the formation of State policy in the sphere of protection and reproduction of water (surface, underground, sea), rational use of water resources";

paragraphs 2, 4 and 6-9 to exclude;

paragraph 3, put in the following wording: "3) developing targeted, Interstate programs use and protection of water and water resources;

b) in the part of the second word "executive power of the Autonomous Republic of Crimea on ecology and natural resources to replace the words" executive authorities of the Autonomous Republic of Crimea on issues of environmental protection ";

10) supplemented by articles 15-1 and 15-2 the following contents:


"Article 15-1. Competence of the central body of the Executive power, which implements the State policy in the sphere of environmental protection in the field of management and control over the use and protection of waters and reproduction of water resources of the competence of the central body of the Executive power, which implements the State policy in the sphere of environmental protection in the field of management and control over the use and protection of waters and reproduction of water resources include: 1) the implementation of the State policy in the field of the protection and reproduction of the waters (surface , underground, sea), rational use of water resources;

2) participate in the implementation of the State target, Interstate programs use and protection of water and water resources;

3) Organization and realization of State monitoring of waters;

4) realization of the State ecological expertise;

5) issuance, cancellation, renewal and issuance of duplicates of permits to carry out works on the land, busy seas;

6) development and implementation of the established order of organizational and economic measures to ensure the protection and use of waters and aquatic resources;

7) other issues in the sphere of use and protection of water and water resources.

The central body of the Executive power, which provides implementation of State policy in the sphere of environmental protection, has assigned to it the powers independently and through their territorial bodies (in the case of their education), and on the territory of Autonomous Republic of Crimea – through the executive body the Crimean Autonomous Republic on the issues of environmental protection.