The Law of Ukraine
On Air Protection
Date of Entry into Force:
November 17, 1992
The Law of Ukraine “On Air Protection” (hereinafter referred to as “the Law”) determines legal and organizational principles and ecological requirements in the sphere of air protection. The Law aims at saving and restoring natural state of air, creation of favorable conditions for vital functions, as well as ensuring of ecological security and prevention of harmful influence of air on people's health and natural environment.
According to the Law, air is a vital component of environment, a natural mixture of gasses outside living quarters, manufacturing and other buildings.
Relations in the field of air protection shall be regulated by the present Law, the Law of Ukraine “On Environmental Protection” and other legal normative acts.
Air protection shall be a system of measures related to saving, improvement and restoring condition of air, prevention and decrease of its pollution, as well as influence on it of chemical compounds, physical and biological factors.
State management in the field of air protection shall be carried out by:
- the Cabinet of Ministers of Ukraine;
- the specially authorized central body of executive power on ecology and natural resources;
- the specially authorized central body of executive power on healthcare;
- the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, other central and local bodies of executive power, bodies of local self-government.
The Law in the sphere of air protection establishes:
- norms of air ecological security;
- norms of maximum permissible pollutants exhaust of stationary sources;
- norms of maximum permissible influence of physical and biological factors of stationary sources;
- norms of content of pollutants in wasted gas and influence of physical factors of movable sources;
- technological norms of permissible pollutants exhaust.
Legal entities and natural persons - entrepreneurs that pollute air with exhausts shall:
- take organizational economic, technical and other measures to meet requirements envisaged by the ecological security standards and norms in the sphere of air protection and by permits to pollutants exhaust;
- take measures concerning decrease of amounts of pollutants exhaust and decrease of influence of physical factors;
- control volume and content of pollutants exhausted into air, as well as levels of physical influence and permanently register them;
- provide for instrumental laboratory measurements of polluters exhaust parameters of stationary and movable sources and effectiveness of gas-clearing units;
- pay duties for environmental pollution and worsening of quality of natural resources timely, in full amount and in compliance with the law.
According to the Law, stationary sources may exhaust polluters into air only after getting permit issued by the territorial department of the specially authorized central body of executive power on ecology and natural resources on agreement with the territorial body of the specially authorized central body of executive power on healthcare. Permits to exhaust polluters into air shall be issued provided that:
- during the term of their validity there is no excess of the set norms of ecological security;
- there is no excess of norms of permissive polluters exhaust by stationary sources;
- requirements to technological processes in part of limitation of polluters exhaust are observed.
The Law also provides for giving permits to maximum admissible levels of noise made by stationary sources, in particular, during work of cars, mechanisms, equipment, tools, as well as use of sound-reproducing apparatus and musical instruments in concert and dancing halls, on open grounds, in theatres, cinemas, discos, casinos, other entertaining and gambling establishments, in cultural establishments, musical educational establishments, restaurants, cafes, bars, other catering places, trade, public service establishments, etc.
For prevention and decrease of air pollution by transport, other movable vehicles and equipment, as well as influence of connected with them factors shall be performed:
- development and implementation of complex measures concerning decrease of exhaust, destruction of harmful substances and decrease of physical influence during design, production, operation and repair of transport, other movable vehicles or equipment;
- transfer of transport, other movable vehicles and equipment to less toxic types of fuel;
- rational planning and building of settlements observing the norms of determined distance to roads;
- improvement of roads maintenance conditions;
- moving of transport enterprises out of densely populated residential city areas, etc.
The Law also sets requirements to air protection while:
- using pesticides and agricultural chemicals;
- mining minerals and explosion works;
- polluting by manufacturing, household and other exhaust;
- projecting, building and reconstruction of enterprises and other objects which influence or may influence on air condition.