The Law of Ukraine

On Handling Explosive Materials for Industrial Purposes

Date of Entry into Force:
January 19, 2005

The Law of Ukraine On Handling Explosive Materials for Industrial Purposes (hereinafter referred to as the Law) regulates relations arising in the process of handling explosive materials and aims at protection of human life and health, ensuring national security, public order and environmental protection.

The Law regulates relations connected with handling explosive materials for industrial purposes. The Law shall not apply to relations connected with handling explosive materials for military and special purposes.

State regulation in the field of handling explosive materials shall be performed by the Cabinet of Ministers of Ukraine, a central body of executive power on industrial policy issues, the Ministry of Internal Affairs of Ukraine, the specially authorized central bodies of executive power in the field of handling explosive materials: a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues, and other specially authorized central bodies of executive power within the scope of their powers determined by the law.

The Law enumerates authorities of the above-mentioned state bodies in the field of handling explosive materials.

Production, storage, transportation, and sale of explosive materials and blasting operations shall be performed by business entities that have a respective permit or a license. Plastic explosive materials, including explosive materials in a flexible or elastic sheet form, shall be produced under the condition that they are mandatory marked according to the procedure established by the legislation.

Explosive materials shall be produced at the specialized enterprises or at the stationary and movable points under conditions of the enterprises that carry out blasting operations on the basis of a license that is issued by a body of executive power. The procedure for equipping and using stationary and movable points for production of explosive materials shall be established by a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues.

Developed, imported into Ukraine and conversion explosive materials, equipment for their production, mechanization tools, appliances and devices for blasting operations are subject to mandatory testing. Testing procedures shall be determined by a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues. A component part of mandatory testing shall be the state environmental inspection of documents and the state sanitary and epidemic inspection of explosive materials.

Explosive materials shall be purchased under the permission of a respective city and district department (office) of internal affairs. The procedure for issuing permits to purchase explosive materials shall be determined by the Ministry of Internal Affairs of Ukraine. The validity period of such permit to purchase explosive materials shall be six months from the date of issuance.

Explosive materials shall be transported within the Ukrainian borders according to requirements of the Law of Ukraine On Transporting Hazardous Cargos and other normative and legal acts. The procedure for issuing permits for transportation of explosive materials shall be established by the Ministry of Internal Affairs of Ukraine.

Explosive materials shall be stored in the special places that exclude the possibility of unauthorized access, ensure their safety and observance of a set of technical security requirements established by a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues. The procedure for issuing permits to store explosive materials and requirements to the procedure for their storage shall be established by the Ministry of Internal Affairs of Ukraine.

Blasting operations shall be carried out exclusively by legal entities on the basis of a permit that is issued by a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues according to the legislation.

Explosive materials shall be destroyed by the business entities that have a license for production of explosive substances and materials or a permit for performance of blasting operations, according to requirements of normative and technical documents. The procedure for destroying explosive materials shall be determined by a specially authorized central body of executive power on overseeing labor protection and state mining oversight issues.

Explosive materials, equipment and technologies for their production and for performance of blasting operations shall be imported according to the legislation on export control on the basis of a permit issued by the Ministry of Internal Affairs of Ukraine. It shall be prohibited to import, export and transit through Ukraines territory unmarked explosive materials.

Persons who have completed secondary education and who gained the relevant professional and technical education and did the period of trainee according to the procedure established by the legislation shall be admitted to works related to handling explosive materials.
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