Decree of the President of Ukraine № 393/2011

On approval of the State Agency of Ukraine of the Exclusion Zone

1. To approve the Regulations on the State Agency of Ukraine of the Exclusion Zone (attached).

2. To determine that the State Agency of Ukraine of the Exclusion Zone is the successor of State Department - Administration of the exclusion zone and the zone of absolute (mandatory) resettlement - governmental authority within the Ministry of Ukraine of Emergencies and Affairs of Population Protection from Consequences of the Chornobyl disaster.

3. Cabinet of Ministers of Ukraine to bring in a month this decision in accordance with the Decree.

4.This Decree takes effect after its publication.

President of Ukraine Viktor Yanukovych

April 6, 2011


APPROVED 
Decree of President of Ukraine dated April 6, 2011 № 393/2011
Provisions
of the State Agency of Ukraine
on the Exclusion Zone Management

1. State Agency of Ukraine on the Exclusion Zone Management (SAEZ) is the central body of executive power with activity directed and coordinated by the Cabinet of Ministers of Ukraine by the Minister of Emergencies of Ukraine (hereinafter - the Minister).

The SAEZ Ukraine is a system of executive power and secure the state policy of the exclusion zone and the zone of absolute (mandatory) resettlement, in overcoming consequences of the Chornobyl disaster, the decommissioning of Chornobyl NPP and transformation of the "Shelter" into an ecologically safe system and is a state body of radioactive wastes management under their long-term storage and disposal.

2. The SAEZ Ukraine is guided by the Constitution and laws of Ukraine, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine, other legislative acts of Ukraine and order of the President of Ukraine.
3. The main tasks of the SAEZ Ukraine are:

implementation of state policies and proposals for its formation in the areas of:

the exclusion zone and the zone of absolute (mandatory) resettlement and provision of its barrier function;
radioactive wastes, spent nuclear fuel and sources of ionizing radiation treatment;
provide protection from ionizing radiation;

rehabilitation of contaminated territories;

consequences overcoming of the Cheonobyl disaster;
physical protection of nuclear installations, nuclear materials, radioactive wastes and other sources of ionizing radiation at enterprises, institutions and organizations belonging to the system of the SAEZ;

decommissioning of the Chornobyl NPP and transformation of the "Shelter" into an ecologically safe system.
4. The SAEZ according to the assigned tasks:

1) in the management of the Exclusion Zone:

a) executes state control over compliance in the exclusion zone and the zone of absolute (mandatory) resettlement:

legal regime;

legislation, including the conduct of economic and environmental activities of enterprises, institutions and organizations;
b) acts as the organizer and coordinator, as well as the exclusion zone and the zone of absolute (mandatory) resettlement monitoring:

conducts environmental monitoring;

compliance with rules and regulations regarding the collection, transportation, processing, storage and disposal of radioactive waste industry;
compliance with rules and regulations concerning construction, operation, reconstruction, decommissioning of objects intended for radioactive waste management and closure of storage facilities for their burial;
Отменить измененияc) issues, suspends and cancels (within the exclusion zone and the zone of absolute (mandatory) resettlement) permitions for:

all works, all events (of industrial, agricultural, forestry and other activities determined by the laws of Ukraine), and construction activity;

imposition or removal of building materials and structures, machinery and equipment, domestic affairs, other property, land, clay, sand, peat, wood, and the workpiece and export of herbal food, medicinal plants, mushrooms, berries and other forest products, except samples for scientific purposes;

transit of all types of transport;

legal and natural persons staying;
d) leases land in the exclusion zone and the zone of absolute (mandatory) resettlement (in the resettled territories and suspended councils activity for the purposes of the Law of Ukraine "On the legal status of territories contaminated in the aftermath of the Chornobyl disaster ");

f) acts as the technical regulator in the aftermath of the Chornobyl disaster;
Отменить изменения2) in the field of radioactive wastes:

a) state management of radioactive wastes long-term storage and disposal, including disposal of radioactive wastes storages located in deep geological formations;

b) executes state control over legislation on radiation safety in the activities of radioactive wastes collecting, transporting, processing, storage and disposal;
c) acts as:

chief administrator of the State Fund of radioactive wastes Management, orders the creation and use of its funds;

customer's National Target Environmental Program of Radioactive Wastes Management;

organizer, coordinator and control public accounting and radioactive wastes storage facilities, holding their state inventories, including inter-agency level;

organizer and coordinator of such activities as:

construction, operation, reconstruction, decommissioning of facilities designed for radioactive waste, and closure of storage facilities for their disposal;

construction of new storages for radioactive wastes and spent nuclear fuel;

organizer, coordinator and supervisor of the activities of defining, creating and maintaining continuous operation of the physical protection of radioactive waste, and controls its maintenance during collection, storage and disposal;

technical regulator in the field of radioactive wastes and spent nuclear fuel;
g) monitors the preservation of documentation that describes the subject of radioactive wastes, warning signs, fences, etc.;

e) monitors compliance with rules and regulations concerning construction, operation, reconstruction, decommissioning of objects intended for radioactive wastes storage facilities and closure for their burial;

e) accepts in consultation with the state regulation body of nuclear and radiation safety concerning closing (conservation) of radioactive waste storages;
3) in the decommissioning of the Chornobyl NPP and transformation of the "Shelter" into an ecologically safe system:

a) acts as an organizer, coordinator and controls measures realization associated with the decommissioning of Chornobyl NPP and the transformation of the "Shelter" into an ecologically safe system;

b) acts as the technical regulator in the field of power unit № 1 - № 3 of Chornobyl NPP decommissioning;

c) acts as the coordinator to develop a list of documents required to provide guarantees for the release of foreign legal persons from civil liability for nuclear damage;
4) in the areas of Chornobyl disaster aftermath, radiological protection, rehabilitation of contaminated territories:

a) acts as the organizer and coordinator, and oversees:

a register of persons suffered as a result of the Chornobyl disaster;

activities of central and local executive bodies, enterprises, institutions and organizations of all ownership forms for social - economic, legal, social, psychological, medical and radiological protection of citizens suffered as a result of the Chornobyl disaster and the rehabilitation of contaminated territories;
Отменить измененияsurvey of contaminated areas and definition of the criteria of the zones categories distinction;

work with radiation control export:

Home and household items, tools and construction materials outside the radioactively contaminated areas people supposed to be resettled;

domestic animals outside the radioactively contaminated areas people supposed to be resettled;

radiation and environmental measures monitoring in Ukraine;
b) provides clarification of legislative application on the Chornobyl Catastrophe aftermath liqudation;

c) issues a confirmation of the documents issued for liquidators of the Chernobyl disaster;

d) inform the residents of contaminated areas concerning security policies and a healthy lifestyle;
5) in the aftermath of the Chornobyl accident, radioactive wastes and sources of ionizing radiation:

directly serves as a customer in the construction or delegate functions to the general construction organizations (contractors) in the manner prescribed by law;

decides on funding in accordance with the law, measures in the exclusion zone and the zone of absolute (mandatory) resettlement;

makes proposals within its power to enterprises, institutions and organizations that carry out necessary measures in the exclusion zone and the zone of absolute (mandatory) resettlement, cancels their orders and other decisions, if these orders or decisions contrary to law;
secures the government policy on state secrets, exercises control over its preservation in the central office of the SAEZ, enterprises, institutions and organizations belonging to its management;

participates in the development of the national target programs on competence, proposals for defining the main directions of prospective and current activities of the consequences of the Chornobyl disaster;

manages the protection of cultural heritage in the exclusion zone and the zone of absolute (mandatiry) resettlement;

receives information, documents and materials from state agencies and local governments, enterprises, institutions and organizations of all ownership forms and their officers;
Отменить измененияinvolves to the implementation of individual activities scientists and specialists, including on a contract basis, employees of central and local executive bodies;

solves the protection of scientific and economic interests in the exclusion zone and the zone of absolute (mandatory) resettlement;

arranges the protection of subordinate objects;

provides activity of radiation level determination in the Exclusion Zone, including the industrial area of the Chornobyl nuclear power plant, and the zone of absolute (mandatory) resettlement, compliance with radiation safety norms, radiation monitoring and control of facilities located on its territory;

provides the development of curricula and training programs for specialists on radioactive wastes management;
develops and provides measures of the SAEZ central office staffing, economic entities and takes measures in accordance with disciplines and legislation in their activities;

uses verified information databases of public bodies, government, including government, communication systems and networks and other tools.
6) in the management of state property objects:

decides on the establishment, reorganization and liquidation of enterprises, institutions and organizations based on state ownership;

approves statutes (regulations) of enterprises, institutions, organizations and economic structures belonging to its management, and monitors compliance with these statutes (regulations);

concludes and terminates contracts with managers of state enterprises, institutions and economic structures and oversees their implementation;

manages the subordinate enterprises activity according to the legislation;
Отменить измененияapproves the annual financial and investment plans and plans over the medium term (3-5 years), government and commercial organizations belonging to its jurisdiction, oversees their appropriate implementation;

coordinates to subordinate enterprises, institutions, organizations agreements in accordance with the legislation, concerning real estate property that is in their economic or operational control;

monitors financial performance, including financial plans of enterprises belonging to its jurisdiction;

provides annual audits for separately identified government and economic structures;

supervises the activity of commercial structures;

register state property under its management, monitors the effective use and maintenance of such facilities;

provides the administrator of the Unified Register of state property with information on availability and current status of state-owned property and any changes in their condition;
provides an inventory of state enterprises, economic organizations according to the Cabinet of Ministers of Ukraine order;

approves the transfer of state property in communal property under the control of other bodies authorized to manage state property, commercial structures, or use by the National Academy of Sciences of Ukraine, sectoral academies of sciences, as well as the transfer of community property in state ownership; in cases provided by law, shall decide on the transfer of state property in communal property under the control of other bodies authorized to manage state property, commercial structures or use by the National Academy of Sciences of Ukraine, sectoral academies of science;

provides landlords of state-owned objects consent to lease state property and proposals for the lease conditions that can ensure the effective use on the leased property and companies technological policy in the context of their tasks;
provides subordinate companies agreed to write-off and the alienation of state property according to the Cabinet of Ministers of Ukraine order;

get involved in the preparation and conclusion of international treaties of Ukraine on state property of Ukraine in accordance with law;

provides an environmental audit of public enterprises, economic organizations, including leased ones;

performs other functions provided by the law of state property management;

summarizes the practice of law on its competence, develops proposals to improve legislation acts of the President of Ukraine, Cabinet of Ministers of Ukraine, legal acts of ministries and in appropriate course submit them to the Minister;

performs other functions on the basis of the Constitution and laws of Ukraine, acts of the President of Ukraine, Cabinet of Ministers of Ukraine.
5. The SAEZ to organize its activities:

1) ensures within its powers measures realization to prevent corruption and monitores their implementation in the office of the SAEZ, enterprises, institutions and organizations belonging to its jurisdiction;

2) provides recruitment of the SAEZ staff and management positions at companies, institutions and organizations belonging to its jurisdiction, forms staff reserve for relevant positions, organize training, retraining of the SAEZ staff;

3) organizes planning and financial work in the office of the SAEZ, enterprises, institutions and organizations belonging to its jurisdiction,

4) provides within its power realization of state policy on state secrets and control of its preservation in the office of the SAEZ.
6. The SAEZ according to the assigned tasks can:

1) involve specialists of central and local executive bodies, enterprises, institutions and organizations (in consultation with their managers), scientists, representatives of civil society (by agreement) to consider matters within the SAEZ purview;

2) obtain information, documents and materials from state agencies and local governments, enterprises, institutions and organizations regardless of ownership and their officers;

3) receive in accordance with legislation free information, documents and materials from ministries and other central and local executive bodies, local authorities, particularly from the statistics department - statistics they need to perform their tasks ;

4) convene meetings on matters within its competence;

5) form a panel to discuss the most important activities of the SAEZ;

6) to establish permanent or temporary consultative, advisory and other subsidiary bodies (commissions, councils, etc.) for consideration of scientific recommendations and professional advice on major issues of the SAEZ.

Адміністрація Президента України
Кабінет Міністрів Країни
Міністерство надзвичайних ситуацій
Державна інспекція ядерного регулювання України
Державне спеціалізоване підприємство
Українське національне інформаційне агентство
Національне агентство України з питань державної служби
Урядова телефонна «гаряча лінія»