Legislative changes regarding bomb-proof shelters in Ukraine
13/09/2022
Legal Alert
The war that the Russian Federation has started against the Ukrainian nation forced to reconsider the importance of civil protection facilities. This issue was not in question recently, however, constant missiles' strikes forced the government to make legislative changes.
On 20th May 2022 the Ukrainian parliament voted a bill No. 7398 On Amendments to Some Legislative Acts of Ukraine Regarding Ensuring Civil Defence Requirements During Planning and Development of Territories (the «Law»).
The new Law provides additional measures concerning construction activities related to the protection of the population from explosions, blast waves, damage by dangerous chemical, radioactive and biologically vicious substances.
In connection with above-mentioned Law, changes are being made to the Code of Civil Protection of Ukraine, Law of Ukraine On Topographic, Geodesic and Cartographic Activity, Law of Ukraine On Regulation of City Planning Activity, Law of Ukraine On Electricity Market.
It is necessary to focus on the definitions of civil protection facilities and dual-use structure, which are mentioned in the Code of Civil Protection of Ukraine.
Thus, civil protection facilities – engineering facilities designed to protect people against exposure to hazard resulting in emergency, military operation, or terrorist attack (so called bomb-proof shelter), dual-use structure - a land or underground structure that can be used for its primary function and people protection (parking lot).
On 20th May 2022 the Ukrainian parliament voted a bill No. 7398 On Amendments to Some Legislative Acts of Ukraine Regarding Ensuring Civil Defence Requirements During Planning and Development of Territories (the «Law»).
The new Law provides additional measures concerning construction activities related to the protection of the population from explosions, blast waves, damage by dangerous chemical, radioactive and biologically vicious substances.
In connection with above-mentioned Law, changes are being made to the Code of Civil Protection of Ukraine, Law of Ukraine On Topographic, Geodesic and Cartographic Activity, Law of Ukraine On Regulation of City Planning Activity, Law of Ukraine On Electricity Market.
It is necessary to focus on the definitions of civil protection facilities and dual-use structure, which are mentioned in the Code of Civil Protection of Ukraine.
Thus, civil protection facilities – engineering facilities designed to protect people against exposure to hazard resulting in emergency, military operation, or terrorist attack (so called bomb-proof shelter), dual-use structure - a land or underground structure that can be used for its primary function and people protection (parking lot).
Prepared by:
Associate
Yana Mykhailiuk
Junior Associate
The war that the Russian Federation has started against the Ukrainian nation forced to reconsider the importance of civil protection facilities. This issue was not in question recently, however, constant missiles' strikes forced the government to make legislative changes.
On 20 th May 2022 the Ukrainian parliament voted a bill No. 7398 On Amendments to Some Legislative Acts of Ukraine Regarding Ensuring Civil Defence Requirements During Planning and Development of Territories (the «Law»).
The new Law provides additional measures concerning construction activities related to the protection of the population from explosions, blast waves, damage by dangerous chemical, radioactive and biologically vicious substances.
In connection with above-mentioned Law, changes are being made to the Code of Civil Protection of Ukraine, Law of Ukraine On Topographic, Geodesic and Cartographic Activity, Law of Ukraine On Regulation of City Planning Activity, Law of Ukraine On Electricity Market.
It is necessary to focus on the definitions of civil protection facilities and dual-use structure, which are mentioned in the Code of Civil Protection of Ukraine.
Thus, civil protection facilities – engineering facilities designed to protect people against exposure to hazard resulting in emergency, military operation, or terrorist attack (so called bomb-proof shelter), dual-use structure - a land or underground structure that can be used for its primary function and people protection (parking lot).
On 20 th May 2022 the Ukrainian parliament voted a bill No. 7398 On Amendments to Some Legislative Acts of Ukraine Regarding Ensuring Civil Defence Requirements During Planning and Development of Territories (the «Law»).
The new Law provides additional measures concerning construction activities related to the protection of the population from explosions, blast waves, damage by dangerous chemical, radioactive and biologically vicious substances.
In connection with above-mentioned Law, changes are being made to the Code of Civil Protection of Ukraine, Law of Ukraine On Topographic, Geodesic and Cartographic Activity, Law of Ukraine On Regulation of City Planning Activity, Law of Ukraine On Electricity Market.
It is necessary to focus on the definitions of civil protection facilities and dual-use structure, which are mentioned in the Code of Civil Protection of Ukraine.
Thus, civil protection facilities – engineering facilities designed to protect people against exposure to hazard resulting in emergency, military operation, or terrorist attack (so called bomb-proof shelter), dual-use structure - a land or underground structure that can be used for its primary function and people protection (parking lot).
However, a term bomb-proof shelter is not defined in Ukrainian legislation and is comprehensible and more commonly used by population.
The following articles were added in the Code of Civil Protection of Ukraine.
The following articles were added in the Code of Civil Protection of Ukraine.
Firstly, a new addition is to the Article 3 Law of Ukraine On Regulation of City Planning Activity. The new paragraph 10 determines the compulsory availability of a section of engineering and technical protection in the project documentation.
Thus, it is compulsory for a developer to build civil defence constructions and dual-use constructions with project solutions about fire and technological safety for the following categories of buildings:
Thus, it is compulsory for a developer to build civil defence constructions and dual-use constructions with project solutions about fire and technological safety for the following categories of buildings:
- buildings where more than 50 individuals will be constantly remain or more than 100 individuals but periodically (medium (СС2) and significant (СС3) consequences);
- buildings which are approved by the Cabinet of Ministers of Ukraine to a special list.
Therefore, civil protection facilities should be provided for a certain category of construction objects (residential real estate). Probably, dual-use constructions will be in more demand (basements, parking lots, etc.).
Secondly, a new addition is to Article 32 of the Code of Civil Protection of Ukraine in paragraph 14 which specifies the procedure and period of termination of lease agreement where a subject is a civil protection facility of communal or state property.
Accordingly, there is a possibility to unilaterally terminate lease agreement by informing a leaseholder of such termination no later than 24 hours before.
The leaseholder must leave civil protection facilities within 24 hours from the moment of notice.
Hence, a lease agreement can be terminated unilaterally by following causes:
Secondly, a new addition is to Article 32 of the Code of Civil Protection of Ukraine in paragraph 14 which specifies the procedure and period of termination of lease agreement where a subject is a civil protection facility of communal or state property.
Accordingly, there is a possibility to unilaterally terminate lease agreement by informing a leaseholder of such termination no later than 24 hours before.
The leaseholder must leave civil protection facilities within 24 hours from the moment of notice.
Hence, a lease agreement can be terminated unilaterally by following causes:
- violation of usage requirements of civil protection facilities;
- non-fulfilment of requirements to surrender a rented civil protection facility by leaseholder within 24 hours from the moment of putting the unified state civil protection system of high alert mode.
The unified state system of civil protection is a set of administrative bodies that ensures state policy in the field of civil protection in peacetime and during the war. This system can be into high alert mode in the event of an emergency.
The paragraph 16 of the Article 32 of the Code of Civil Protection of Ukraine indicates the responsibility to prepare civil protection facilities within 24 hours from the moment of putting the unified state civil protection system of high alert mode.
The above-mentioned changes allow to terminate agreements with leaseholders who impede a direct access to civil protection facilities.
These changes are the first step in creating a complete system of civil protection in Ukraine.
The paragraph 16 of the Article 32 of the Code of Civil Protection of Ukraine indicates the responsibility to prepare civil protection facilities within 24 hours from the moment of putting the unified state civil protection system of high alert mode.
The above-mentioned changes allow to terminate agreements with leaseholders who impede a direct access to civil protection facilities.
These changes are the first step in creating a complete system of civil protection in Ukraine.
Special for Protocol UA.
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