The Law of Ukraine
On Nature Reserve Fund of Ukraine
Date of Entry into Force:
July 25, 1992
According to the Law nature reserve fund is a part of dry land and water space, which natural complexes and objects have special environmental, scientific, aesthetic, recreational and other value and are singled out with the purpose to preserve natural variety of landscapes, flora and fauna genofund, maintenance of general ecological balance and ensure environment background monitoring. Nature reserve fund shall be protected as a national inheritance. A special protection, reproduction and use regime shall be set as regards to it. Ukraine considers this fund as a component part of world system of natural territories and objects which are under special protection.
To nature reserve fund the Law refers:
- natural territories and objects (natural reserves, biosphere reserves, national natural parks, regional landscape parks, game reserves, natural monuments, unique terrain feature reserves;
- artificial objects (botanical gardens, dendrology parks, zoological parks, parks which are monuments of park and garden planning).
In t Article 3 of the Law there is a classification of game reserves and natural monuments.
The Law sets ownership forms for the territories and objects of nature reserve fund. Botanical gardens, dendrology parks, zoological parks shall not be privatized.
Article 7 of the Law sets legal regime of nature reserve fund lands. Any activities which negatively influence or may negatively influence on natural and historical cultural complexes condition and prevent their purposeful use shall be prohibited on the lands of environmental protection and historic and cultural purpose.
The territories and objects of nature reserve fund may be used for:
- scientific investigation;
- health care and recreation;
- education and bringing up;
- needs of environmental monitoring.
Chapter II of the Law regulates the issues of management in the sphere of organization, protection and use of natural reserve fund. Specially authorized body of state management in the sphere of natural reserve fund organization, protection and use is a central body of executive power in the sphere of environment.
The Law sets regime of nature reserve fund territories and objects. The regime of nature reserve fund territories and objects is a totality of scientifically grounded ecological requirements, norms and rules which determine legal status, destination of these territories and objects, character of permissible activities on them, procedure of their natural complexes protection, use and recreation.
The Law stipulates creation of territories and objects of nature reserve fund protection zones. These protection zones shall be created to ensure the necessary regime of nature reserve fund objects protection and prevention of negative influence of economic activity on them. In protection zones it is not allowed to build industrial and other objects, to develop economic activity which can cause negative influence on nature reserve fund territories and objects. Such influence shall be evaluated on the basis of ecological assessment.
Chapter V of the Law is devoted to scientific investigation work on the nature reserve fund territories and objects.
According to Article 44 of the Law effective organization and functioning of natural reserve fund is ensured on the basis of the following economic measures:
- natural reserve fund economic grounded organization and development;
- economic evaluation of the natural reserve fund territories and objects, keeping of their cadastre;
- differentiated determination of sources and norms of natural reserve fund organization and functioning;
- granting tax and other privileges to enterprises, establishments and organizations that ensure functioning of natural reserve fund;
- compensation in the set procedure of losses caused by the violation of the legislation on natural reserve fund.
Measures on the natural reserve fund territories and objects shall be financed at the expense of the State budget, local budgets, charity funds, enterprises, institutions, organizations and citizens funds. Special purpose ecological funds of natural reserves, biosphere reserves, national natural parks, regional landscape parks, botanical gardens, dendrology parks and zoological parks may be created to finance measures on environmental protection.
The Law provides for the procedure of natural reserve fund territories and objects creation and announcement.
According to Article 56 of the Law the state cadastre of the natural reserve fund territories and objects is a system of necessary and reliable information about natural, scientific, legal and other characteristics of the territories and objects which refer to nature reserve fund. The state cadastre of the natural reserve fund territories and objects shall be kept by the central body of executive power in the sphere of environmental protection and by its local bodies at the state budget expense.
The Law also sets responsibility for violation of the legislation on nature reserve fund.