Rules and Regulations of Ukraine

Translation from Ukrainian

AQUATIC CODE OF THE UKRAINE

Proceedings of the Supreme Rada (PSR). 1995, # 24, 189 pp.

(Put in force by the SR resolution # 21495-BP

of 06.06.95, BBP 1995, # 24, 190 pp.)

Selected articles

All the bodies of water in the territory of Ukraine are a national possession of the people of Ukraine, one of the natural bases of the economic development and social well-being of the Ukrainian people.

Water resources are necessary to the existence of human, animal, and plant life and are limited and vulnerable objects of Nature.

Under the conditions created by anthropogenic environmental impacts, industrial production, and the need for economic growth, it is necessary to develop and abide by special rules governing the use, rational employment, and ecologically directed protection of water resources.

The Aquatic Code, together with organizational, legal, and educational measures, will contribute to the development and enforcement of ecological laws governing the nation’s waters; to the protection of the safety of the Ukrainian population; and to more effective, scientifically based use of the nation’s waters and their protection from pollution, littering, and depletion.

Part 1. General Provisions

Chapter 1. Basic Provisions

Article 1. The Definition of Terms

The following terms are used in this Code:

Reservoir: the part of the earth’s surface and thickness of soil from which water flows into a water course or a reservoir.

Head race: a section of a river that is situated higher or lower than a hydrostatic lift (upthrust).

Swamp: an excessively moist area of land with a stagnant water regime and specific topsoil.

Drainage water: water that is systematically drained from a specific area for the purpose of lowering the water level.

Circulating water: water that is returned, with the help of technical structures and measures, from an engineered water system to the natural water cycle in the form of sewage, mine, quarry, or drainage water;

Llyalna (under-flooring) water: water with contaminants (primarily oil products) that accumulates in the wells (llyals) of the machine rooms of marine vessels.

Sewage: water produced by human household, public, agricultural, and other commercial activities (except mine, quarry, and drainage water), and stormwater draining from developed areas.

Waters: all the waters (surface water, groundwater, sea waters) that are part of the natural water cycle.

Groundwater: waters located below the surface of the earth.

Surface water: the waters of various water bodies on the surface of the earth.

Body of water: a natural or artificial land form or geological structure where water accumulates (e.g., river, lake, sea, reservoir, canal, water horizon).

Water resources: the volume of surface water, groundwater, and sea water of a territory.

Water content: the quantity of flow of a river for a particular period of time related to its average flow over the years.

Water/economic balance: the relationship between the water resources available for use in a given area and the demand for water for economic development.

Water intake: a structure or equipment for water uptake from a body of water.

Pool: a surface water body without drainage or with only slow runoff.

Water consumption: the use of water (and bodies of water) to meet the demands of the population and the economy.

Water-bearing horizon: a homogeneous stratum of rocks where water is always present.

Water storage: an artificial pool with a volume of more than 1 million cubic meters built to create a water reserve and regulate water flow.

Admissible limit of concentration (alc): a prescribed concentration level for a substance in water above which the water is considered unfit for consumption.

Admissible limit of escape (ale): the quantity of a substance in circulating water that constitutes the highest possible discharge per unit of time according to the mode established for a given point of a body of water.

Water pollution: an unfavorable change in the composition and properties of a body of water as a result of an influx of contaminants.

Contaminant: a substance that causes deterioration of water quality.

River bay lands: riverside lands that can be flooded during periods of flooding.

Water littering: the introduction to bodies of water of foreign substances and materials that cause deterioration of water quality.

Sanitary guard zone: a territory and an area of water where a special sanitary–epidemiological routine is introduced to prevent a deterioration in quality of drinking and utility water and to protect water lines.

Water intake limit: the maximum volume of water intake from a body of water that is prescribed in the permit for specific water consumption.

Contaminant escape limit: the maximum volume of contaminant discharge to surface water bodies that is prescribed in the permit for specific water consumption.

Mezhen ( mezhen period): the river cycle when low water content is observed.

Water monitoring: the system of observing, collecting, processing, preserving, and analyzing information about the condition of a body of water; predicting changes in it; and developing scientifically substantiated recommendations for making proper decisions.

Lake: a natural hollow of land filled with either fresh or salt water.

Coastal or riverside protective belt: the part of a water conservation zone along a river or sea or around reservoirs where more severe restrictions have been established for economic activity than in the rest of the water conservation zone.

Fish industry water body: a body of water (or a part of it) used for fishery purposes.

Pond: an artificially created reservoir with a capacity of no more than 1 million cubic meters.

Plan of water consumption and conservation and water resource reproduction: a pre-project document that determines basic water economy and other measures to be taken to meet prospective demands for water, as well as to conserve water or prevent any actions harmful to water.

Water cut: the boundary of water on the bank or shore of a body of water (riverside, lakeside, coastline, shoreline).

Water quality: the characteristics and properties of water that determine its fitness for consumption for specific purposes.

Article 2. Water Legislation of Ukraine.

The task of water legislation is the regulation of legal relations with a view to providing for the conservation of water; its scientifically substantiated use to meet the needs of the population and the economy; the reproduction of water resources; the protection of waters from pollution, littering, and depletion; and the prevention of actions harmful to water and elimination of their consequences, as well as the protection of the water consumption rights of enterprises, institutions, organizations, and citizens.

Water relations in Ukraine are regulated by this Code, the Law of Ukraine "About Protection of the Natural Environment" (1264-12), and other acts of legislation. Land, mountain, and forest relations, and relations as to the use and protection of the animal and plant world, territories and objects of natural reserves, atmospheric air, exclusive (marine) economic zones, and continental shelf of Ukraine that arise in the process of using bodies of water are regulated by the corresponding legislation of Ukraine.

Article 3. Water Reserve of Ukraine

All the waters (bodies of water) in the territory of Ukraine constitute its water reserve.

The water reserve of Ukraine includes the following:

Article 6. The Ownership of Waters (Bodies of Water)

Waters (bodies of water) are the exclusive property of the people of Ukraine and are given for their use only.

The people of Ukraine exercise their proprietary right to the ownership of waters (bodies of water) through the Supreme Rada of Ukraine, the Supreme Rada of the Autonomous Republic of Crimea, and local Councils of the People’s Deputies.

Individual power to be in command of waters (water resources) can be given to corresponding bodies of the State executive power.

Article 7. The Supreme Rada Terms of Reference Covering the Regulation of Water Relations

In the field of regulation of water relations, the following are under the jurisdiction of the Supreme Rada:

1. the legislative regulation of water relations and the determination of the basic direction of State policy in that field;

2. the command of water reserves of Ukraine;

3. the approval of State and international programs on consumption and protection of waters and water resource reproduction;

4. the establishment of a legal routine for water consumption and protection and water resource reproduction in zones where extraordinary ecological situations exist;

5. the regulation of distribution of payments for the special use of water;

6. the determination of terms of reference for local Councils of the People’s Deputies and bodies of the State executive power as to water consumption and protection and water resource reproduction;

7. the settlement of other problems in the field of water relations legislative regulation.

Article 8. Terms of Reference of the Supreme Rada of the Autonomous Republic of Crimea, Local Councils of Districts, Kyiv and Sevastopol in Water Relations Regulations

Under the command of the Supreme Rada of the Autonomous Republic of Crimea, local councils of districts, Kyiv, and Sevastopol in the area of water relations regulations in their territory are the following:

1. State policy implementation in the field of water consumption and protection and water resource reproduction;

2. the command of water resources of local importance;

3. the coordination of State, international, and regional programs of water consumption and protection and water resource reproduction, and participation in their implementation;

4. the development, approval, and implementation of local programs of water consumption and protection and water resource reproduction;

5.the issuance of permits for the special use of water from water bodies of local importance;

6. the determination, according to an established routine, of rates and volumes of payments for special water use from water bodies of local importance;

7. the coordination of siting enterprises and other activities linked to the use of water resources that could have a negative impact on their condition;

8. the coordination of regional and municipal (cities of district subordination) Councils of the People’s Deputies in matters of water consumption and protection and water resource reproduction;

9. the approval of sanity guard zones of drinking and utility water supply;

10. decisions, made according to an established routine, on assigning water bodies of local importance to the objects of natural reserve or to corresponding categories of special protection;

11. the establishment of rules for using small ships on bodies of water;

12. for water bodies of local importance, the determination, in case of need, of water quality criteria more stringent than those for the territory of Ukraine as a whole;

13. the restriction, temporary prohibition (bringing to a stop), or discontinuation of enterprises, institutions, and organizations if they violate the requirements of water legislation in the limits of their terms of reference;

14. the organization of work associated with eliminating the consequences of accidents and natural calamities, deterioration of quality, or actions harmful to waters, enlisting the services of enterprises, institutions, and organizations according to the order established by the legislation;

15. in consent with the State bodies for the protection of health and the natural environment, decision making in emergency situations on the release of sewage from accumulators to bodies of water if the release will not result in exceeding the ecological safety criteria for water consumption;

16. providing public information about the condition of bodies of water, changes in them, and the conduct of water protection measures;

17. the exercise of control of water consumption and protection and water resource reproduction;

18. other matters related to water relations regulation in the limits of their terms of reference.

Part II.State Government and Control in the Area of Water Consumption and Protection and Water Resource Reproduction

Chapter 2. State, International, and Regional Programs in the Area of Water Consumption and Protection and Water Resource Reproduction

Article 12. State, International, and Regional Programs on Water Consumption and Protection and Water Resources Reproduction

The State, international, and regional programs on water consumption and protection and water resource reproduction are developed with the goal of conducting purposeful and effective activity to meet the population’s requirements in the areas of water economy, water preservation, rational consumption and protection of waters, and prevention of actions harmful to water.

The State, international, and regional programs on water consumption and protection and water resource reproduction are developed on the basis of data on State registration of waters, water cadastre, plans of water consumption and protection, and water resource reproduction as well.

The development and implementation of those programs is conducted on account of the State Budget of Ukraine, the budget of the Autonomous Republic of Crimea and local budgets, means of enterprises, bodies and organizations, extra budget funds, voluntary contributions of citizens and organizations, and other means.

Chapter 3. State Government in the Area of Water Consumption and Protection and Water Resource Reproduction

Article 13. The Bodies that Exercise the State Government in the Area of Water Consumption and Protection and Water Resource Reproduction

State government in the area of water consumption and protection and water resource reproduction is exercised according to the basic principle on the basis of State, international, and regional programs on water consumption and protection and water resource reproduction.

State government in the area of water consumption and protection and water resource reproduction is carried out by the Cabinet of Ministers of Ukraine, the Government of the Autonomous Republic of Crimea, local Councils of the People’s Deputies and their executive committees, specially authorized bodies of the State executive power, and other bodies of the State, in accordance with the legislation of Ukraine.

The bodies of the State executive power that are specially authorized in the area of water consumption and protection and water resource reproduction are the Ministry of Natural Environmental Protection and Nuclear Safety of Ukraine, the State Committee of Ukraine on Water Economy, the State Committee of Ukraine on Geology and Mineral Wealth Use, their local offices, and other bodies of the State in accordance with the legislation.

Chapter 4. The State Bodies Terms of Reference in the Area of the Government and Control of Water Consumption and Protection and Water Resource Reproduction

Article 14. The Terms of Reference of the Cabinet of Ministers of Ukraine in the Area of the Government and Control of Water Consumption and Protection and Water Resource Reproduction

In the area of water consumption and protection and water resource reproduction, the following are under the jurisdiction of the Cabinet of Ministers of Ukraine:

1. State policy implementation in the field of water consumption and protection and water resource reproduction;

2. the command of bodies of water of national importance;

3. the exercise of the State control of water consumption and protection and water resource reproduction;

4. the determination of water consumption priorities;

5. the provision of the development of State, international and regional programs on water consumption and protection and water resource reproduction, and the approval of regional programs;

6. the determination of the activity routine for the executive power of bodies of the State in the area of water consumption and protection and water resource reproduction, and the coordination of their activity;

7. the establishment of a routine of issuing permits for special water consumption, construction, bottom-deepening and blasting operations, sand and gravel extraction, laying cables, pipelines and other lines of communication on the lands of water reserves, as well as the development and approval of rates of the release of polluting substances to bodies of water;

8. the establishment of rates and routines of payment for special water consumption;

9. the establishment of rates and routine of payment for the use of water to meet the needs of hydraulic power engineering and water transport;

10. in case of emergency situations, decision making regarding the release of sewage from accumulators to bodies of water if the release would cause boundary limits for concentrations of pollutants in the bodies of water to be exceeded;

11. the organization and coordination of work associated with the prevention and elimination of accident consequences, natural calamities, actions harmful to water, or deterioration of water quality;

12. decision making regarding the restriction, temporary prohibition (bringing to a stop) or discontinuation of the activity of enterprises, institutions, organizations and objects that violate the requirements of water legislation;

13. approval of the sanitary guard zones of drinking and utility water supplies that provide water for more than one district;

14. the leadership of foreign relations of Ukraine in the field of water consumption and protection and water resource reproduction;

15. the settlement of other problems in the area of water consumption and protection and water resource reproduction.

Article 15. Terms of Reference of the Ministry of Natural Environmental Protection and Nuclear Safety of Ukraine in the Area of the Government and Control of Water Consumption and Protection and Water Resource Reproduction

In the area of government and control of water consumption and protection and water resource reproduction, the following are under the jurisdiction of the Ministry of Natural Environmental Protection and Nuclear Safety of Ukraine:

1. the complex exercise of government in the area of water resources protection; the implementation of a single scientific and technical policy regarding water consumption and protection and water resource reproduction; the coordination of the activity of ministries, departments, enterprises, institutions and organizations of the field;

2. the exercise of the State control of water consumption and protection and water resource reproduction;

3. the development of and participation in the implementation of State, international, and regional programs of water consumption and protection and water resource reproduction;

4. the organization and implementation of State water monitoring;

5. the development and approval of rates and rules, the participation in development of standards regulating water consumption and protection and water resource reproduction;

6. the exercise of the State ecological expertise;

7. the issuance of permits for special water consumption in the case of water use from water bodies of national importance;

8. decision making, in accordance with the established order, as to the restriction, temporary prohibition (bringing to a stop), or discontinuation of the activities of enterprises, institutions, organizations and objects that violate the requirements of water legislation;

9. the development and introduction, in accordance with the established order, of organizational and economic measures providing for water consumption and protection and water resource reproduction;

10. the implementation of international collaboration on water consumption and protection and water resource reproduction;

11. the settlement of other problems in the area of water consumption and protection and water resource reproduction.

Article 16. Terms of Reference of the State Committee of Ukraine on Water Economy in the Area of the Government and Control of Water Consumption and Protection and Water Resource Reproduction

In the area of the government and control of water consumption and protection and water resource reproduction, the following are under the jurisdiction of the State Committee of Ukraine on Water Economy:

1. State control in the area of water economy; the implementation of a single technical policy; the introduction of the achievements of science, engineering, novel technologies and advanced experience to water economy;

2. the development and establishment of operating modes of water storage of complex purpose and the approval of their rules of operation;

3. the development of and participation in the implementation of State, international, and regional programs of water consumption and protection and water resource reproduction;

4. provision for meeting the needs of the population and the economy for water resources and implementation of the resource interbasin redistribution;

5. the implementation of radiological and hydro-chemical monitoring of bodies of water of complex purpose, water supply for water/economic systems of different branches of industry and agriculture;

6. the design, construction, and operation of water/economic systems and water bodies of complex purpose;

7. improvement of the health of surface waters and their supervision;

8. maintenance of the State registration of water consumption and the State cadastre;

9. coordination of permits for special water consumption;

10. implementation of international collaboration on the matters of water consumption and protection and water resource reproduction;

11. implementation of measures associated with the prevention of actions harmful to water and the elimination of the consequences of such actions;

12. implementation of control of modes of operation for water storage and water/economic systems;

13. settlement of other problems in the area of the government and control of water consumption and protection and water resource reproduction.

Article 17. Terms of Reference of the State Committee of Ukraine on Geology and Mineral Wealth Use in the Area of the Government and Control of Water Consumption and Protection and Water Resource Reproduction

In the area of the government and control of water consumption and protection and water resource reproduction, the following are under the jurisdiction of the State Committee of Ukraine on Geology and Mineral Wealth Use:

1. the issuance of special permits (licenses) for mineral wealth use to work deposits of groundwater under the approval of the State bodies of natural environment protection;

2. State registration of groundwater and water cadastre;

3. implementation of the State monitoring of groundwater;

4. coordination of the conditions of special water consumption in the case of the use of groundwater;

5. coordination of permits to conduct design and construction work associated with the extraction of groundwater;

6. the identification of ineffective wells and the introduction of measures to eliminate them or retrofit them for further use;

7. the exercise of the State geological control of reconnaissance and other work for the geological study of groundwater;

8. the settlement of other problems in the area of the government and control of water consumption and protection and water resource reproduction.

Chapter 5. Control of Water Consumption and Protection and Water Resource Reproduction

Article 22. Ecological Expertise

To provide for ecological safety during the distribution, design, and construction of new, and the reconstruction of existing enterprises, structures, and other objects associated with water consumption, the State, public, and other sources of expertise are realized according to the order established by the legislation.

Article 23. Legal Defense and Stimulation of Personnel who Exercise the Protection and Control in the Field of Water Consumption and Protection and Water Resource Reproduction

According to the legislation of Ukraine, the responsibility for the legal defense of honor, dignity, health, and life is assigned to the employees of State specially authorized bodies and to public inspectors who exercise protection and control in the area of water consumption and protection and water resource reproduction.

The stimulation of the employees of State specially authorized bodies and public inspectors in the area of water consumption and protection and water resource reproduction is performed according to the order established by the Cabinet of Ministers of Ukraine.

Chapter 8. Standardization and Rate Setting in the Area of Water Consumption and Protection and Water Resource Reproduction

Article 36. Rates of Ecological Safety of Water Consumption

To estimate potential levels of water consumption from bodies of water to meet the demands of the population and the economy, rates are prescribed that secure safe conditions for water consumption, namely:

admissible limits of substance concentrations in bodies of water from which water is taken for drinking and and other water needs of the population;

admissible limits of substance concentrations in water bodies used by the fishing industry;

admissible concentrations of radioactive substances in bodies of water from which water is taken for drinking and other water needs of the population.

More stringent ecological safety criteria related to water consumption can be prescribed, if necessary, for bodies of water used to meet medical, spa treatment, sanitary, recreational, and other purposes

The ecological safety criteria related to water consumption are developed and approved by

the Ministry of Health Protection of Ukraine and the National Commission on the Radioactive Protection of the Population of Ukraine—for bodies of water used to supply water for drinking and other water needs of the population.;

the Ministry of Fish Industry of Ukraine—for bodies of water used to meet the demands of the fishing industry.

The ecological safety criteria related to water consumption are put into effect after they have been submitted for approval by the of Natural Environmental Protection and Nuclear Safety of Ukraine.

Article 37. Ecological Standard of Water Quality of Bodies of Water

To estimate the ecological well-being of bodies of water and determine the complex of water-protection measures, an ecological standard of water quality is established that contains scientifically substantiated values for concentrations of pollutants and indices of water quality ( general physical, biological, chemical, radioactive). The extent of the pollution of bodies of water is determined by the corresponding categories of water quality.

The ecological standard and categories of water quality of bodies of water are developed and approved by the Ministry of Natural Environmental Protection and Nuclear Safety of Ukraine and the Ministry of Health Protection of Ukraine.

Part III. Water Consumption

Chapter 14. Condition of the Release of Circulating Water to Bodies of Water

Article 70. Conditions of Sewage Release to Bodies of Water

The release of sewage to bodies of water is allowed only under conditions of rates availability for admissible limits of substance concentrations and established rates of admissible limits of release for polluting substances.

Water users are bound to measure realization as to the prevention or discontinuation of sewage release if the sewage has any of the following characteristics:

1. can be employed in the systems of circulating, recurring, and consecutive water supply;

2. contains valuable waste that can be recovered;

3. contains industrial raw materials, reagents, semifinal products, and final products of enterprises in quantities that exceed established rates of technological waste;

4. contains substances for which the admissible limit of concentration has not been established;

5. contains toxic substances or infective pathogens;

6. exceeds the admissible limit rate for the volume of pollutant to be released;

7. causes the temperature of the body of water to rise more than 3°C compared with the natural temperature during a summer period;

8. is vat residue, sludge formed as a result of the sewage decontamination.

It is forbidden to employ relief features of the country (e.g., ravines, lower reaches of rivers, quarries) for release of sewage.

Part IV. Water Protection

Chapter 18. Use of Water Reserve Lands, Water Protection Zones, and Sanitary Guard Zones

Article 90. Economic Activity Limits at Protective Costal and Riverside Strips along Seas, Bays, and Estuaries and on Islands of National Sea Waters

The protective strips along seas, sea bays, and estuaries has been included in the sanitary guard zone for the sea guard and can be used only for the construction of sanatoriums and other medical and sanitary institutions with required centralized water supply and sewer systems.

The following are prohibited at protective coastal strips along seas, bays, and estuaries and on islands of national sea waters:

1. the use of stable and virulent pesticides;

2. the construction of domestic and industry waste ranges and sewage accumulators;

3. the construction of cesspools to accumulate commercial and domestic sewage in volumes exceeding 1 cubic meter per day.

4. the construction of filtration fields or other structures meant for receiving and decontaminating waste.

Article 91. Drainage Strips

To meet the needs of intereconomic and other canals of irrigation and drainage systems and protect them from damage and destruction, the needs of hydro-technical and hydro-metric constructions, and the needs of reservoirs and river dams, drainage strips of specific working conditions are established.

The sizes of drainage strips and their working conditions are determined by the design developed and approved by water users in coordination with the State bodies of natural environment and water economy protection.

The land within the boundaries of drainage strips is put at the disposal of the bodies of water economy and other organizations for special needs and can be used by them to create water-protective forest plantations, hydro-technical constructions for bank (coastal) and antierosion works, crossings, and industrial premises.

Article 92. Bank (Coastal) Strips of Shipping Routes

Bank (coastal) strips are placed along shipping routes beyond the limits of settlements in order to carry out work associated with navigation.The sizes of the shipping route bank (coastal) strips and economic activities on their territory are determined by the Article 91 of this Code.

The order of establishment of the shipping route bank (coastal) strips and their exploitation is determined by the cabinet of Ministers of Ukraine.

Article 101. Water Protection from Pollution and Littering as a Result of the Spills of Oil, Fuel, Chemicals, Petroleum, and Other Polluting Substances

The owners of means of water transport, pipelines, and floating and other constructions located on bodies of water, as well as other legal and physical entities, are obliged to provide for protection of water from pollution and littering as a result of spills of oil, fuel, chemicals, petroleum, and other polluting substances.

Article 102. Protection of National Sea Waters and Territorial Sea

It is forbidden to throw chemical, radioactive, and other harmful substances, radioactive or other wastes, materials, or litter that may pollute a sea from vessels and floating means, platforms, and other marine constructions.

The protection of national sea waters and territorial seas from pollution and littering is exercised according to rules approved by the Cabinet of Ministers of Ukraine and other acts of legislation.

Chapter 21. Prevention of Actions Harmful to Water and Accidents on Bodies of Waters and Elimination of their Consequences

Article 107. Actions Harmful to Waters and Measures to Prevent Them and Eliminate their Consequences

Actions harmful to waters are

1. floods resulting in lands and populated areas being flooded and underwater;

2. destruction of banks and shores, protective dams and other constructions;

3. land swamping, flooding, and salination caused by rising groundwater levels due to non-standardized water supply at the time of irrigation, water runoff from water-supply and sewer systems, and damming of groundwater when large industrial constructions are erected;

4. land drainage caused by groundwater intake so strong that it exceeds the established volumes of water intake;

5. land pollution (salination) during the extraction of minerals, as well as after the deposits are exploited and the operations are temporarily closed;

6. soil erosion, displacement of mud flows.

Possible actions harmful to waters must be taken into account when commercial water projects are designed; when those projects are operated, measures to prevent actions harmful to water must be taken:

1. meadow cultivation and forest plantation creation at coastal and riverside protective strips, slopes, gullies and ravines;

2. construction of anti-erosion hydro-technical buildings, earth banks, water escapes, protective dams, water storage regulators;

3. construction of drainage;

4. strengthening of banks, etc.

Article 108. Immediate Measures as to the Prevention of Natural Calamities Caused by Actions Harmful to Waters and Accidents on Bodies of Water and Elimination of their Aftermath

Under the threat of natural calamity associated with actions harmful to water, local Councils of the People’s Deputies, by enlisting enterprises, institutions, and organizations, are obliged to take immediate measures to prevent a calamity, and, if a calamity has occurred, to immediately eliminate its consequences in accordance with the legislation of Ukraine.

In the case of an emergency situation on a body of water associated with that body, pollution that may have a harmful effect on the condition of the population, human health, or the ecosystem, the enterprise, institution, or organization through whose fault the emergency has occurred or who has revealed it is obliged immediately to begin eliminating the consequences and to inform the State bodies of natural environmental protection, sanitary guard, water economy, geology, and the corresponding Council of the People’s Deputies about the emergency.

The State bodies of water economy are obliged to provide for accident-free functioning of water bodies at the time of high water and spring flood, to forecast the spreading of water in the aftermath, and, together with the corresponding Councils of the People’s Deputies, to take measures to secure the regular water supply of the population and the economy.

The State Committee of Ukraine on Hydro Meteorology is responsible for observing the development of natural calamities and providing the necessary hydrological and hydro-chemical information to local Councils of the People’s Deputies and the State bodies of executive power.

Local Councils of the People’s Deputies are obliged to inform the population about emergencies and natural calamities, their scales, possible violations of ecological safety, and measures taken to deal with the consequences.

Part V. Disputes on the Matters of Water Consumption and Protection and Water Resource Reproduction and the Responsibility for Water Legislation Violation

Chapter 22. Settlement of Disputes about Water Consumption and Protection and Water Resource Reproduction

Article 109. Order of the Consideration of Disputes on Water Consumption and Protection and Water Resource Reproduction

Disputes on matters of water consumption and protection and water resource reproduction are considered by the State bodies of natural environmental protection, water economy, geology, local Councils of the People’s Deputies, courts, or courts of arbitration, according to the order established by the legislation.

The plaintiffs—the Ministry of Natural Environmental Protection and Nuclear Safety of Ukraine, the State Committee of Ukraine on Water Economy and their local bodies—are released from State tax collection where recovery payments to pay for damages caused by the violation of water legislation are concerned.

Disputes with other countries on matters of water consumption and water resource reproduction, as well as those between foreign legal persons and citizens and owners of waters, are considered in accordance with the legislation of Ukraine.

Chapter 23. Responsibility for the Violation of Water Legislation

Article 110. Responsibility for the Violation of Water Legislation

The violation of water legislation involves disciplinary, administrative, civil-law, and criminal responsibility in accordance with the law of Ukraine.

Water users are relieved of the responsibility for violation of water legislation if the violation results from the actions of natural force majeure or military operations.

Persons bear the responsibility for water legislation violation if they are guilty of the following:

1. the unauthorized seizure of bodies of water;

2. water pollution and littering;

3. the violation of criteria governing economic activity at water protection zones and on water reserve lands;

4. destroying riverbeds, creeks, streams, or water courses or breaking natural conditions of surface flaw during the construction and exploitation of motor roads, rail roads, and other engineering projects;

5. putting into operation enterprises or municipal and other projects without sewer works or attachments of necessary capacity;

6. not following the conditions of the permit, or violating the rules of special water use;

7. unauthorized conduct of hydraulic engineering works (the construction of ponds, dams, canals, wells);

8. violating the rules of keeping the State registration of waters or distorting information or entering doubtful data in the documents of the State statistical returns;

9. damaging water/economic and hydro-metric constructions and attachments, violating the rules of their operation or established modes of their functioning;

10. constructing illegal systems to release circulating waters to bodies of water, city sewers, or pour-off systems, and the unauthorized release of circulating waters;

11. use of water reserve lands that does not fit their purpose;

12. not notifying the authorities of (concealing) information about emergency situations on bodies of water;

13. refusing to submit (concealing) design documents and conclusions regarding the quality of the design of enterprises, structures, or other projects that could influence the condition of waters, as well as acts and conclusions of commissions that have approved putting the project into operation;

14. violating the rules governing the protection of national sea waters and territorial sea from pollution and littering.

The legislation of Ukraine also can establish responsibility for other violations of the law of water consumption and protection and water resource reproduction.

Article 111. Payment of Damages Resulting from Violation of Water Legislation

The enterprises, institutions, organizations, and citizens of Ukraine, as well as foreign legal and physical persons and persons without citizenship, are obliged to pay for damages that result from their violation of water legislation on a scale and according to the order established by the legislation of Ukraine.

The payment of damages resulting from the violation of water legislation does not release those guilty of the violation from paying for special water consumption or from the carrying out the measures to eliminate the consequences.

Making those guilty of the violation of water legislation answerable for the violation does not release them from the duty to pay for damages caused by the violation.

Part VI.International Relations

Chapter 24. International Agreements

Article 112. International Agreements Application

If any international agreement in which Ukraine takes part has established standards different from those stipulated by the water legislation of Ukraine, the standards of the international agreement are applied.

President of Ukraine L. KUCHMA

Kyiv, June 06, 1995

# 213/95-BP

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