The Law of Ukraine
On Status and Social Protection of Population Suffered from Chornobyl Catastrophe
Date of Entry into Force:
April 1, 1991
The Law “On Status and Social Protection of Population Suffered from Chornobyl Catastrophe” (hereinafter the Law) determines basic provisions regarding realization of constitutional right of the citizens who suffered from Chornobyl catastrophe to protection of their life and health and creates a single procedure determining categories of zones of radionuclide contaminated territories, living and working conditions on them, social protection of the population suffered from it. It is aimed at protection of population suffered from Chornobyl catastrophe and solution of related to it medical and social problems which arose as a result of territory radionuclide contamination.
Depending on landscape and geochemical features of soils, excess of natural pre-catastrophe level of radionuclides accumulation in environment, connected with them levels of possible negative influence on health of population, requirements regarding radioactive protection of population and other social measures, taking into consideration general production and social everyday relations on the territory affected by radionuclide contamination as a result of Chornobyl catastrophe is divided into zones.
Grounds for resettlement of citizens from the contaminated territories shall be provisions of the Conception on Residence of Population on the territories of Ukraine with the increased levels of radioniclide contamination as a result of Chornobyl catastrophe. The stages of resettlement shall be determined by the Conception.
Manufacturing and sale of products which radionuclide contamination exceeds permissible norms of radionuclide content, except the products of scientific production and research nature shall be prohibited. In case it is impossible to use and process the products contaminated over the approved permissible levels they shall be confiscated and destructed in the procedure established by the Cabinet of Ministers of Ukraine. Related to this process expenses shall be reimbursed by the producers of contaminated products.
The persons who suffered from Chornobyl catastrophe are:
- liquidators of accident on Chornobyl NPP - the citizens who directlty participated in accident and its consequences liquidation;
- those who suffered from Chornobyl catastrophe - citizens including children who uwere affected by radionuclide irradiation as a result of Chornobyl catastrophe.
The liquidators of accident on Chornobyl NPP are considered the citizens who directly participated in any works connected with the liquidation of the accident, its consequences in the exclusion zone in 1986-1987 regardless of the number of working days and in 1989-1990 - not less than 30 calendar days including people and property evacuation from this zone, as well as those temporary directed or sent in the above terms to perform works in the exclusion zone, including military personnel, employees of state, public, other enterprises, establishments and organizations regardless of their subordination, also those who worked not less than 14 calendar days in 1986 on the operating posts of population sanitary treatment and machinery decontamination as well as those who built these posts.
To the people who suffered from Chornibyl catastrophe refer:
- evacuated from the exclusion zone (including the people who for the moment of evacuation were in the state of pre-natal development after their coming of age) as well as resettled from the zones of absolute (obligatory) and guaranteed voluntary resettlement;
- the persons who temporary resided on the territories of absolute (obligatory) and guaranteed voluntary resettlement zones for the accident day or had been living on January 1, 1993 on the territory of absolute (obligatory) resettlement zone not less than two years and on the territory of guaranteed voluntary resettlement - not less than three years, who were resettled from these territories or did it themselves;
- the persons who permanently reside, work or study in the zones of absolute (obligatory) and guaranteed voluntary resettlement on condition that they for January 1, 1993 had been living, working or permanently studying in the absolute (obligatory) resettlement zone not less than two years and in the zone of guaranteed voluntary resettlement - not less than three years;
- the persons who permanently reside, work or study in the zones with strict radiation control on condition that they for January 1, 1993 had been living, working or permanently studying in this zone not less than four years, etc.
The state takes responsibility for caused to the citizens harm and is liable to reimburse it for:
- harm to health or loss of ability to work by the citizens and their children suffered from Chorobyl catastrophe;
- loss of bread-winner, if his death is connected with Chorobyl catastrophe;
- material expenses caused to the citizens and their families due to Chorobyl catastrophe according to this Law and other legislative acts of Ukraine.
The grounds for determination of status of liquidator of accident on Chorobyl NPP shall be working (service) term in the exclusion zone which is certified by the respective documents. The grounds for status determination of the evacuated, resettled and those who resettled themselves from the exclusion zone according to Article 4 shall be the certificate on evacuation, resettlement, self-resettlement. The grounds for status determination of those who suffered from Chorobyl catastrophe and work or live on the contaminated territories shall be the certificate about the period of residence, work on these territories.
Chapter three of the Law is devoted to the issues regarding organization of unified state record of people suffered from Chorobyl catastrophe. It also covers the issues of medical examination and recovery of the people who suffered from Chorobyl catastrophe, to nutrition norms in the specialized healthcare, medical sanatoriums and resort establishments.
Chapter four of the Law is devoted to social protection of people suffered from Chorobyl catastrophe. It covers reimbursements and privileges granted to the people suffered from Chorobyl catastrophe. It precisely defines reimbursements and privileges to the people referred to 1-4 categories, privileges to the people who worked outside exclusion zone doing works with especially harmful working conditions (by radiation factor) related to liquidation of Chorobyl NPP accident consequences.
Chapter five is devoted to protection of children who suffered from Chorobyl catastrophe. It defines the children who refer to the category of those who suffered from Chorobyl catastrophe, the procedure of their cure, nutrition provision, privileges and reimbursements to the above children and their parents.
Chapter six is devoted to protection of population suffered from Chorobyl catastrophe. It determines the procedure of provision of the evacuated, resettled and self-resettled citizens with accommodation, top priority provision with the accommodation of persons self-resettled to the living quarters of close relatives and accommodation provision to the people who were evacuated in 1986 outside the republic and want to return to Ukraine. The Chapter also covers the issues of reimbursement to the citizens for the property lost due to evacuation, resettlement or self-resettlement, reimbursements and privileges to the evacuated, resettled and self-resettled citizens to a new place of residence. The Chapter also determines reimbursements to the citizens who reside on radionuclide contaminated territories.
Chapter seven determines peculiarities of work regulation of the citizens who work on radionuclide contaminated territories. So, additional payment is established for the citizens who work on the above territories. Conditions of work payment to the military personnel, persons subject to conscription, civilians who do service on the radionuclide contaminated territories and employees on business trip on the radionuclide contaminated territories, employees of medical, educational and cultural establishments, employees engaged in the special processing, utilization, research of raw materials and materials with increased radioactivity due to Chorobyl catastrophe as well as control, repair and special processing of radionuclide contaminated technical equipment.
Chapter eight of the Law is devoted to pensions and reimbursements appointed for the persons referred to 1-4 categories. So, one-time compensation to liquidators of consequences of Chornobyl NPP accident who became disabled due to Chornobyl catastrophe and to the families which lost a bread-winner who refers to liquidators of consequences of Chornobyl NPP accident and whose death is connected with Chornobyl catastrophe shall be paid in the following amounts for:
- the disabled of I group - 60 mimimum salaries;
- the disabled of II group - 45 mimimum salaries;
- the disabled of III group - 30 mimimum salaries;
- the disabled children - 10 mimimum salaries;
- the families which lost a bread-winner - 60 mimimum salaries;
- the parents of the dead - 30 mimimum salaries.
Pensions to the persons referred to the categories 1, 2, 3, 4 shall be appointed in the form of state pension and additional pension for harm caused to health. This pension shall be appointed after arising the right to the state pension.
It is pointed out that term of work (service including state service) over liquidation of the consequences of the Chornobyl NPP accident shall be counted to the record of service, to long service: until January 1, 1988 in the tripled and starting from January 1, 1988 until January 1, 1993 in the sesquialteral amount (also by the list N 1). Starting from January 1, 1993 and in the following years privileges on record of service calculation in the exclusion zone shall be determined by the Cabinet of Ministers of Ukraine.