LAW OF UKRAINE

of October 16, 2012 No. 5456-VI

About modification of some legal acts of Ukraine concerning optimization of powers of executive bodies in the field of ecology and natural resources, including at the local level

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

Shall be replaced with words 1) in Article 82-4 of the word of "specially authorized body of the executive authority in the field of protection of the surrounding environment" "the central executive body realizing state policy in the field of protection of the surrounding environment, the regional, Kiev, Sevastopol city public administrations, executive body of the Autonomous Republic of Crimea concerning protection of the surrounding environment";

Article 231-1 to exclude 2);

Article 239 to state 3) in such edition:

"Article 239. The central executive body realizing state policy in the field of geological studying and rational use of subsoil

The central executive body realizing state policy in the field of geological studying and rational use of subsoil considers cases on the administrative offenses provided by articles 57, of the 58th this Code.

On behalf of the central executive body realizing state policy in the field of geological studying and rational use of subsoil to consider cases on administrative offenses and have the right to impose administrative punishments the officials of the central executive body realizing state policy in the field of geological studying and rational use of subsoil authorized on that";

Article 242-1 to state 4) in such edition:

"Article 242-1. The central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources

The central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources considers cases on the administrative offenses provided by Articles 47-50, 52-53-1, 53-3-54, 59-77-1, Article 78 (except violations of sanitarnogigiyenichesky and sanitary and anti-epidemic rules and regulations), Articles 78-1-79, Articles 80-83 (except violations of sanitarnogigiyenichesky and sanitary and anti-epidemic rules and regulations), parts one and third Article 85, Articles 86-1, 87, Article 89 (rather wild animals), Article 90-1 (except violations of sanitary and hygienic and sanitary and anti-epidemic rules and regulations), Articles 91-1-91-4, Article 95 (except violations of sanitary and hygienic and sanitarnoprotivoepidemichesky rules and regulations and regulations of nuclear safety), Article 153, Article 167 (concerning realization of oil products which ecological indicators do not meet the requirements of standards, regulations and rules) and article 188-5 of this Code.

On behalf of the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources to consider cases on administrative offenses and have the right to impose administrative punishments the Chief state inspector of Ukraine on protection of the surrounding environment and his deputies, the chief state inspectors of Ukraine on protection of the surrounding environment, the state inspectors of Ukraine on protection of the surrounding environment, the chief state inspectors on protection of the surrounding environment of the Autonomous Republic of Crimea, areas, the cities of Kiev and Sevastopol and their deputies, the chief state inspectors on protection of the surrounding environment of the Black and Azov seas and their deputies, the chief state inspectors on protection of the surrounding environment, state inspectors on protection of the surrounding environment of the corresponding territories";

5) in Article 255:

a) the paragraph "bodies of specially authorized central executive body in the field of ecology and natural resources (85, 85-1, 88, 88-1, 88-2, 90, of 91)" Item of 1 part one to state Articles in such edition:

"the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources (part two, the fourth and fifth Articles 85, Article 85-1, 88, 88-1, 88-2, 90, 91, 164 - regarding violation of procedure of the economic activity connected with rational use, reconstruction and protection of natural resources (the earth, subsoil, surface water, atmospheric air, animal and flora, natural resources of territorial waters, the continental shelf and exclusive (sea) economic zone of Ukraine, production and use of fish and other water live resources), addresses with waste (except the treatment of radioactive waste), dangerous chemicals, pesticides and agrochemicals";

in Item 2 of figure "149-154" to replace with figures "149-152, 154", and words and "Article 78-84 (except violations of sanitary and hygienic rules and regulations on protection of atmospheric air, and also the offenses connected with exceeding of standard rates of the noise level formed by automotor-vehicles in operating time)" to exclude figures;

b) in part two:

in Item 2 "65, 66, 70, 73, 77, 82, 89, 90-1, 153 and 202" to replace the word and figures with the word and figures "(Article 202)";

state Item 7 in such edition:

"7) public environmental protection inspector (Articles 48, 63-70, 73, 76-77-1, 78, 82, parts one and third Articles 85, Article 89 (rather wild animals), Article 91-4, 153)";

exclude Item 14;

in Item 16 of the word and figures "and third Article 85" to exclude parts one.

2. In the Forest code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 1994 No. 17, the Art. 99):

"Territorial authorities of the central executive bodies concerning forestry and concerning protection of the surrounding environment" shall be replaced with words 1) in part three of Article 17 of the word "the central executive body realizing state policy in the field of forestry, the regional, Kiev, Sevastopol city public administrations, executive body of the Autonomous Republic of Crimea concerning protection of the surrounding environment. In case of decision making about provision of the woods in permanent use of the regional, Kiev, Sevastopol city public administrations such decision is approved by the central executive body realizing state policy in the field of protection of the surrounding environment. Decision making by the Cabinet of Ministers of Ukraine does not require approval of other bodies";

And the fifth Article 18 of the word "territorial authorities of the central executive body concerning forestry" and "territorial authorities of the central executive body concerning forestry" to replace 2) in parts four respectively with words "the central executive body realizing state policy in the field of forestry" and "the central executive body realizing state policy in the field of forestry";

Article 28 to state 3) in such edition:

"Article 28. Powers of the central executive body providing forming of state policy in the field of forestry

The central executive body providing forming of state policy in the field of forestry:

1) determines the priority directions and the development strategy in the field of the forest relations;

2) is provided by forming of state policy in the field of the forest relations;

Develops 3) and will organize accomplishment of the state target, industry and other programs of protection, protection, use and reconstruction of the woods;

4) is provided by normative legal regulation on forest management;

5) resolves other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine";

To add 4) with Article 28-1 of the following content:

"Article 28-1. Powers of the central executive body realizing state policy in the field of forestry

The central executive body realizing state policy in the field of forestry:

1) makes offers concerning forming of state policy;

2) exercises the state control of observance of normative legal acts concerning forest management;

3) will be organized by maintaining lesouporyadocheniye, accounting of the woods, the state forest inventory and monitoring of the woods;

4) will be organized by forest management and rational use of forest resources;

5) is provided by functioning of the state forest protection, coordinates activities of forest protection of other permanent forest users and owners of the woods;

6) is coordinated by implementation of actions for forest conservation from the fires and protection against wreckers and diseases;

7) coordinates work on forest management by the research establishments subordinated to it;

8) takes part in preparation, retraining and advanced training of personnel for forestry;

9) grants licenses according to the law;

10) makes offers concerning restriction or the temporary termination of activities of the companies, organizations and organizations, irrespective of their subordination and pattern of ownership in case of violation of the forest legislation by them;

11) makes the decision on reference of the woods to the corresponding category;

12) is performed by international cooperation concerning forest management;

13) resolves other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine";

5) in Article 29:

a) in part one:

in Item 1 of the word "makes offers concerning forming and realization" shall be replaced with words "provides forming";

3, 6 and 10-13 to exclude Items;

state Item 14 in such edition:

"14) resolves other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine";

b) the second to exclude part;

To add 6) with Articles 29-1 and 29-2 of the following content:

"Article 29-1. Powers of the central executive body realizing state policy in the field of protection of the surrounding environment in the field of the forest relations

The central executive body realizing state policy in the field of protection of the surrounding environment in the field of the forest relations:

1) approves lesouporyadocheniye materials;

2) is provided by approval of projects of assignment of the land timberland;

3) will be organized by conducting environmental assessment concerning influence of industrial and other facilities, chemicals on the woods, approves lists of the pesticides permitted for application in the woods, establishes regulations of their application;

4) resolves other issues determined by the laws of Ukraine and assigned to it by acts of the President of Ukraine.

Article 29-2. Powers of the central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of the forest relations

The central executive body realizing state policy on implementation of the state supervision (control) in the field of protection of the surrounding environment, rational use, reconstruction and protection of natural resources in the field of the forest relations:

1) exercises the state supervision (control) of observance of requirements of the nature protection legislation in the field of protection, protection, uses and reconstructions of the woods;

2) considers cases on administrative offenses;

Limits 3) or stops (temporarily) in accordance with the established procedure activities of the companies, organizations and organizations, irrespective of their subordination and pattern of ownership if it is performed with violation of the law about protection of the surrounding environment, requirements of permissions to use of natural resources;

Applies 4) in the cases provided by the law, economic sanctions to the companies, organizations and the organizations their official and to officials, citizens for violation of requirements of the legislation, files a lawsuit claims for indemnification and the losses put as a result of such violation;

5) resolves other issues determined by the law and assigned to it by acts of the President of Ukraine";

"The central executive body concerning forestry" shall be replaced with words 7) in part three of Article 38 of the word "the central executive body providing forming of state policy in the field of forestry";

8) in Article 41:

in word part two "territorial authorities of the central executive body concerning forestry" and "territorial authorities of the central executive body concerning protection of the surrounding environment" to replace respectively with words "the central executive body realizing state policy in the field of forestry" and "the regional, Kiev, Sevastopol city public administrations";

in word part four "territorial authorities of the central executive body concerning protection of the surrounding environment" and "territorial authorities of the central executive body concerning forestry" to replace respectively with words "the regional, Kiev, Sevastopol city public administrations" and "the central executive body realizing state policy in the field of forestry";

Part third of Article 42 to state 9) in such edition:

"The age of ripeness of forest stands affirms the central executive body realizing state policy in the field of forestry in coordination with the central executive body realizing state policy in the field of protection of the surrounding environment";

Part the fourth Article 43 to state 10) in such edition:

"The settlement cutting area affirms the central executive body providing forming of state policy in the field of protection of the surrounding environment in coordination with the central executive body realizing state policy in the field of forestry";

"The central executive body concerning forestry" shall be replaced with words 11) in part one of Article 47 of the word "the central executive body providing forming of state policy in the field of forestry";

"Territorial authorities of the central executive body concerning forestry" and "territorial authorities of the central executive body concerning protection of the surrounding environment" to replace 12) in part four of Article 48 of the word respectively with words "the central executive body realizing state policy in the field of forestry" and "the central executive body, realizing state policy in the field of protection of the surrounding environment";

In paragraph one of part one of Article 52 of the word "territorial authorities of the central executive body concerning forestry" shall be replaced with words 13) "the central executive body realizing state policy in the field of forestry";

Part the second Article 56 to state 14) in such edition:

"The organization and carrying out forest certification are performed according to procedure which is established by the central executive body providing forming of state policy in the field of forestry in coordination with the central executive body providing forming of state policy of economic development and to the central executive body providing forming of state policy in the field of protection of the surrounding environment";

"Territorial authorities of the central executive bodies concerning forestry and protection of the surrounding environment" shall be replaced with words 15) in part three of Article 57 of the word "the central executive body realizing state policy in the field of forestry, the regional, Kiev, Sevastopol city public administrations. In case of decision making concerning change of purpose of the land timberland by the regional, Kiev, Sevastopol city public administrations such decision is approved by the central executive body realizing state policy in the field of protection of the surrounding environment. Change of purpose of the land timberland by the Cabinet of Ministers of Ukraine does not require approval of other bodies";

"Territorial authorities of the central executive body concerning protection of the surrounding environment" shall be replaced with words 16) in part four of Article 58 of the word "the regional, Kiev, Sevastopol city public administrations. In case of decision making concerning cutting down of trees and bushes by the regional, Kiev, Sevastopol city public administrations such decision is approved by the central executive body realizing state policy in the field of protection of the surrounding environment. Decision making by the Cabinet of Ministers of Ukraine does not require approval of other bodies";

And "territorial authorities of the central executive body concerning protection of the surrounding environment" to replace 17) in Article 59 of the word of "territorial authorities of the central executive body concerning forestry" respectively with words "the central executive body realizing state policy in the field of forestry" and "the regional, Kiev, Sevastopol city public administrations. In case of decision making about transfer of the land timberland to not forest lands for the purpose of connected with forest management, the regional, Kiev, Sevastopol city public administrations such decision it is approved by the central executive body realizing state policy in the field of protection of the surrounding environment. Decision making by the Cabinet of Ministers of Ukraine does not require approval of other bodies";

18) in part one of Article 61 of the word "executive bodies concerning forestry and concerning protection of the surrounding environment of the Autonomous Republic of Crimea, territorial authorities of the central executive bodies concerning forestry, protection of the surrounding environment" shall be replaced with words "executive bodies of the Autonomous Republic of Crimea concerning forestry and concerning protection of the surrounding environment, the central executive body realizing state policy in the field of forestry, the central executive body realizing state policy in the field of protection of the surrounding environment";

"Territorial authorities of the central executive bodies concerning forestry and protection of the surrounding environment" shall be replaced with words 19) in part one of Article 62 of the word "the central executive body realizing state policy in the field of forestry, the regional, Kiev, Sevastopol city public administrations. In case of decision making about provision of the land timberland for mining (except mining of local value for own requirements), laying of cable lines, pipelines and other communications, implementation of the drilling, demolition and other operations which are not connected with forest management, the regional, Kiev, Sevastopol city public administrations the conclusion it is provided by the central executive body realizing state policy in the field of protection of the surrounding environment. Decision making by the Cabinet of Ministers of Ukraine does not require provision of the conclusions by other bodies";

And "territorial authorities of the central executive body concerning protection of the surrounding environment" to replace 20) in part two of Article 66 of the word of "territorial authorities of the central executive body concerning forestry" respectively with words "the central executive body realizing state policy in the field of forestry" and "the regional, Kiev, Sevastopol city public administrations. In case of decision making about establishment of the maximum regulations of free collection of wild-growing grass plants, flowers, berries, nuts, mushrooms and so forth by the regional, Kiev, Sevastopol city public administrations such decision is approved by the central executive body realizing state policy in the field of protection of the surrounding environment";

"Territorial authorities of the central executive body concerning forestry" shall be replaced with words 21) in part two of Article 69 of the word "the central executive body realizing state policy in the field of forestry";

22) in Article 70:

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