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On Introduction Of Amendments To Certain Legislative Acts Of Ukraine

Original Language Title: Про внесення змін до деяких законодавчих актів України

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C A C U A TO R S
On Amendments to Certain Legislative Acts of Ukraine
(Information of the Verkhovna Rada of Ukraine (VR), 2003, N 4, pp. 31)

In relation to the ratification of Ukraine ( 832-14 ) Convention on the
access to information, public participation in the acceptance process
solutions and access to justice on matters relating to the environment
( 994_015 ), the Verkhovna Rada of Ukraine Oh, I am. :
I. Amend the following legislative acts of Ukraine:
1. In the Law of Ukraine " On Environmental Protection
environment " ( 1264-12 ) (Information of the Verkhovna Rada of Ukraine,
In 1991, N 41, pp. 546; 1996, N 15, pp. 70; 2000, N 5,
Oh, 34, N 38, st. 318; 2001, N 48, pp. 252):
(1) Article 6 is supplemented by part of the third such content:
" Central and local executive bodies, as well as
organs of local government during the development of public
environmental programs attract the public before their preparation
by publishing projects of public environmental programs for their
study of citizens, public training of the comments and
proposals for proposed projects, conducting public
Environmental hearings ";
2) in the part of the first article 9:
"b", "e", "is" to be taught in such an editorial:
" b) participation in discussions and suggestions for projects
Regulations, materials for placement, construction
and reconstruction of objects that can adversely affect the state of
natural environment, making proposals before
bodies of government and local governments,
Legal entities involved in decision-making on these issues ";
" (e) free access to information on the state of the environment
natural environment (ecological information) and free acquisition,
the use, distribution and storage of such information, by
The exception of the restrictions established by law;
is) participation in public hearings or open meetings with
the impact of the planned activities on the environment
environment in the stages of placement, design, construction and
Reconstruction of facilities and in public environmental management
"Examination";
"and" the following:
" and) challenge in the judicial order of decisions, actions or
Inactivity of state authorities, local authorities
self-government, their officials on the violation of environmental rights
The law is under the law ";
(3) Part of the first article 10 supplements the paragraph "is"
content:
" is) the creation and functioning of a network of public
Environmental-Automated Information and Analytical System
Provide access to environmental information ";
(4) A "from" part of the first article 15 should be supplemented by the words
" the functioning of local environmental automated systems
information and analytical systems ";
5) in part of the first article 20:
in the clause "in" the word "Republican environmental"
information system "replacing the words" network of public
Environmental-Automated Information and Analytical System
ensure access to environmental information, provision of
Approved by the Cabinet of Ministers of Ukraine ";
Add "to" and "l" with the following content:
" (c) Setting the order of information
Environment;
(l) Establishment of an agenda and conduct of public
hearings or open meetings on the impact of the planned
activities on the environment ";
6) in part of the first article 21:
"a", "d" in this edition:
" (a) to participate in development of plans, programmes related to
Environmental Protection, Development and
Promote their environmental programmes ";
"(d) Free access to environmental information";
Add "and" and "and" the following:
" and) participate in the preparation of draft regulations
Acts on environmental issues;
and) challenge the decision of the law in accordance with the
rejecting or untimely delivery of the request of environmental information
Or the wrongful rejection of the request and its uncomplete pleasure ";
(7) Article 25 is set out in such an editorial:
" Article 25. Information on the state of the natural
Environment (environmental information)
Information on the state of the environment
(environmental information) is any information in writing,
audiovisual, electronic or other material on:
state of the environment or its objects-
land, water, interior, atmospheric air, plant and animal
World and pollution levels;
biological diversity and its components, including
genetically modified organisms and their interaction with objects
Environment;
sources, factors, materials, substances, products, energy,
physical factors (noise, vibration, electromagnetic radiation,
radiation) that affect or may affect the state of the environment
The natural environment and health of people;
the threat of occurrence and causes of emergency environmental
situations, results of the elimination of these phenomena,
measures to reduce their negative impact on the
Natural objects and human health;
environmental forecasts, plans and programs, measures, including
administrative, public environmental policy,
Environmental protection;
expenses related to the implementation of environmental protection measures
Account of environmental protection funds, other
funding sources, the economic analysis conducted in the process
Decision-making on matters relating to the environment.
The main sources of such information are monitoring data
environmental, natural resources cadastre, registry, automated
databases, archives, as well as help issued by the authorized
to those bodies of state authorities, local governments,
by public organizations, separate officials ";
(8) complement the article 25-1 such content:
" Article 25-1. Environmental Information
Specially authorized by the central executive body with
questions of ecology and natural resources, its organs on the ground,
organs of local government, enterprise, institution and
organizations whose activities can adversely affect or impact
Natural Environment, Life and Health
people, are required to provide free population access to
information on the state of the environment.
Environmental information is carried out by authorities
power and local government bodies within their borders;
By:
(a) Preparation of a specially authorized by the central authority
of the Executive Committee on Environment and Natural Resources and
at the Supreme Council of Ukraine annual National Report
on the state of the natural environment in Ukraine, and after its
by the Verkhovna Rada of Ukraine-published by a separate edition
and placing on the Internet;
(b) Annual informing of the Council of Ministers of the Autonomous
Republic of Crimea, regional government administrations, Kiev
and Sevastopol City State administrations
relevant councils and population about the state of the environment
(b) Environment;
(b) systematic informing of population through mass
information on the state of the environment, the dynamics
its changes, sources of pollution, placement of waste or other change
natural environment and the nature of environmental impact
Health factors for people;
(g) Immediate information on emergencies
Situation
(g) Transfer of information received as a result of the
environmental monitoring, information communication channels,
Authorized to make decisions regarding the information received;
(d) Providing free access to environmental information,
which is not a state secret and is contained in lists,
registers, archives and other sources. "
2. In the Law of Ukraine "On Environmental Examination" 45 /95-PL )
(Information of the Verkhovna Rada of Ukraine, 1995, N 8, pp. 54; 2000,
N 27, pp. 213):
(1) The text of Article 35 is set out in such an editorial:
" The statement on environmental consequences of activities should contain
information about:
(a) Planned activities, purpose and ways of implementation;
b) essential factors that affect or may affect the state
Environment with regard to the
Emergency environmental situations;
(b) quantitative and qualitative indicators assessment of environmental levels
the risk of planned activities as well as measures to ensure
implementation of activities in accordance with environmental standards and
Regulations;
(g) Informing public on planned activities,
Its purpose and ways of exercise ";
(2) Article 46 after words " may be challenged
"In addition to the words" and physical ".
3. Paragraph "b" of the first article 33 of the Law of Ukraine " On
local government in Ukraine " (PDF) 280 /97-VR ) (Information
The Verkhovna Rada of Ukraine, 1997, N 24, pp. 170) complement
Paragraph 11 of this content:
" 11) establishing and ensuring the functioning of the local
environmental automated information and analytical systems that are
A component of a network of public environmental automation
information and analytical system of providing access to
environmental information ".
4. In the Code of Ukraine on administrative offences
( 80731-10 , 80732-10 ) (Information of the Supreme Council of the Ukrainian SSR, 1984,
Supplement to N 51, p. 1122):
1) complement Article 91-4 of this content:
" Article 91-4. Failure to grant or untimely delivery
environmental information
Failure to grant or untimely request
and reliable environmental information intended for
legislation,-
pulling the penalty on the official and official
persons from three to ten untaxable income minimums
Citizens ";
2) in part one and paragraph 1 of the second article 242-1
the figures "91-1-91-3" to replace the numbers "91-1-91-4".
II. Final Position
1. This Act will take effect from the day of its publication.
Paragraph 3 of section I, as amended to Article 33 of the Act
"Local Government in Ukraine" (PDF). 280 /97-VR ),
will take effect from 1 January 2004.
2. Cabinet of Ministers of Ukraine in a six-month period
The Act:
to match this Act of its own
Legal and legal acts;
Provide guidance to ministries, other central
the executive branch of their legal and legal acts in the
A compliance with this Act.

President of Ukraine
Um ... Kiev, 28 November 2002
N 254-IV