The Law of Ukraine

On Plant Protection

Date of Entry into Force:
November 24, 1998

The Law of Ukraine On Plant Protection (hereinafter referred to as the Law) regulates legal relations connected with protection of agricultural and other plants, perennial and forest plantations, trees, bushes, closed soil vegetation, as well as plant products against pests, diseases and weeds. It defines rights and duties of enterprises, institutions and organizations of all ownership forms and citizens, as well as authorities of bodies of executive power and officials in this sphere.

Basic principles of state policy in the sphere of protection of plants are:
- forming uniform state policy in the sphere of protection of plants;
- state supervision over protection of plants;
- definition of appropriateness of measures regarding protection of plants, other.

Basic requirements regarding protection of plants are:
- ecological and economic grounding of appropriateness of protection of plants from pests;
- strict observation of regulations of storage, transportation and application of means of plant protection;
- saving useful flora and fauna, other.

State policy in the sphere of plant protection shall be conducted by the Cabinet of Ministers of Ukraine, the Government of the Autonomous Republic of Crimea, local bodies of executive power and bodies of local self-government, as well as specially authorized bodies of executive power in the sphere of plant protection.

Special regime of protection of plants shall be introduced on the territory of settlement, district, oblast, several oblasts in case of mass development and spreading especially dangerous pests and need of additional measures and resources regarding their localization and liquidation. In case of mass development and spreading especially dangerous pests chief state inspectors (or their deputies) for protection of plants of Ukraine, the Autonomous Republic of Crimea, oblasts, districts shall submit petitions on introduction of special protection regime of plants to the respective body of local self-government, local body of executive power of the Cabinet of Ministers of Ukraine. The petitions shall be submitted within twenty four hours after reveal of mass spreading of especially dangerous pests. Territory of special regime of plant protection shall be set within settlement, district, oblast by the respective body of local self-government or local body of executive power, and within some oblasts - by the Cabinet of Ministers of Ukraine.

Destruction of especially dangerous pests, attraction and use of state resources (scientific, material, etc.), as well as resources of enterprises, institutions, organizations of all ownership forms and citizens shall be applied for localization and liquidation of especially dangerous pests on the territory with special plant protection regime together with prior reimbursement of born expenses.

Officials of the specially authorized bodies of executive power in the sphere of protection of plants shall be entitled to:
- demand adherence to the legislation on protection of plants from enterprises, institutions, organizations of all ownership forms and citizens, which activity is related to protection of plants;
- define and regulate volumes of works related to protection of plants according to phytosanitary regime;
- prohibit sale of means of plants protection, which do not meet requirements as regards to their quality;
- impose administrative penalties on the persons guilty of violation of legislation on protection of plants, other.

Chief state inspectors for protection of plants of Ukraine, the Autonomous Republic of Crimea, oblasts, regions, their deputies, as well as state inspectors for protection of plants shall be independent in their activity. They shall be guided by the Constitution of Ukraine, this Law and other legislative acts. Decision of state inspector for protection of plants, which was made within his/her authorities, shall be obligatory.

Responsibility for violation of legislation on protection of plants shall be born by the persons guilty of:
- spreading pests due to violation of technology of growing agricultural and other plants;
- ecologically groundless protection of plants;
- bringing into the territory of Ukraine and sale of means of plant protection, as well as substances and raw materials for their production, which did not pass state tests and registration;
- avoiding presentation or non-presentation of means of plant protection for conducting their examination, researches;
- non-fulfillment of legal requirements of the officials, who perform state control over adherence to the legislation on protection of plants, other.

The citizens who have respective higher education may carry out professional activity in the sphere of protection of plants. On enterprises, in institutions and organizations of all ownership forms works related to protection of plants shall be conducted by the employees, which passed respective training on technology of plant protection and only under direct supervision of specialists for protection of plants. The citizens who own or use land plots and grow agricultural and other plants and plantations shall be familiar with means of plant protection and technology of their application. The specially authorized bodies of executive power in the sphere of plant protection shall facilitate their activity therein.

Measures regarding protection of plants shall be financed at the expense of the State Budget of Ukraine, funds of enterprises, institutions, organizations of all ownership forms, citizens and other sources, which are not prohibited by the legislation of Ukraine. Development and implementation of state, inter-state, regional purpose programs on protection of plants, preventive measures regarding spreading, localization and liquidation of quarantine and especially dangerous pests, as well as control examinations of agricultural lands shall be financed from the State Budget of Ukraine under the procedure determined by the Cabinet of Ministers of Ukraine, as well as at the expense of funds of enterprises, institutions and organizations of all ownership forms and citizens.
Warning! The information is outdated due to the fact that this section is temporarily not updated!


on top