On May 2, 2023, the Law of Ukraine No. 3063-ИХ “On Amendments to Certain Legislative Acts of Ukraine on Improving State Supervision (Control) in the Field of Technogenic and Fire Safety” (hereinafter referred to as Law No. 3063) was adopted.
It provides for the introduction of a number of important amendments to the Civil Protection Code of Ukraine (hereinafter referred to as the Code), as well as related amendments to the Laws of Ukraine “On the Basic Principles of State Supervision (Control) in the Field of Economic Activity” and “On the Peculiarities of State Supervision (Control) in the Field of Economic Activity over Individual Entrepreneurs and Legal Entities Applying a Simplified System of Taxation, Accounting and Reporting”.
It should be noted that the changes come into force on November 27, 2023, so it is time to familiarize yourself with them.
- 1. We have updated the terms “civil protection means”, “fire” and “fire safety”.
- 2. The separate powers of the State Emergency Service of Ukraine (implementing state supervision (control) in the field of fire and technogenic safety to identify and prevent violations of legislative requirements by entities defined by Article 65 of the Code; implementing state supervision (control) over compliance with fire and technogenic safety requirements during construction work on houses, buildings and structures, except for construction objects of class SS1; drawing up protocols and considering cases of administrative offenses in accordance with the law) have been updated and supplemented with a separate clause regarding the identification of causes and conditions contributing to the commission of administrative offenses related to violations of legislation in the field of fire and technogenic safety, taking measures within the scope of its competence to eliminate them.
- 3. Expanded understanding of business entities: this term in the Code will now include business entities, other legal entities and individual entrepreneurs.
- 4. Expanded tasks and responsibilities of business entities, in particular, it is provided to ensure unhindered access of authorized officials of the State Emergency Service to carry out state supervision (control) measures in the field of fire and technogenic safety, regardless of the presence of the head (authorized person) of the business entity, at the same time, the business entity must determine, in the absence of the head, an authorized person who must be present during the implementation of state supervision (control) measures.
- 5. The Code has been supplemented with two new articles in the section on state regulation. Thus, in order to prevent emergencies, fires and other dangerous events, it is provided for state regulation of the activities of business entities in the field of civil protection.
At the same time, the following ways of implementing state regulation are provided:
– conducting an examination of urban planning documentation projects and construction projects;
– licensing of services and performance of fire-fighting works;
– technical regulation in a specified area of responsibility;
– state market supervision of civil protection means;
– state supervision (control) in the field of fire and technogenic safety;
– liability insurance;
– monitoring and forecasting of emergency situations.
- 6. The definition of risk management of technogenic emergencies and fires is provided and the ways of its implementation are indicated:
– risk analysis;
– risk assessment;
– definition and implementation (implementation) of measures aimed at reducing risks to an acceptable level and minimizing possible consequences.
- 7. It is envisaged that the State Emergency Service will monitor the implementation of the requirements of the legislation in the field of civil protection by central executive bodies, the Council of Ministers of the Autonomous Republic of Crimea, local state administrations, other state authorities and local self-government bodies by conducting comprehensive, control and targeted inspections.
- 8. The new version of Article 55 of the Code, which concerns measures to ensure fire safety, details the cases of imposing the obligation to ensure fire safety and responsible persons. Thus, in particular, it is envisaged that the obligation to ensure fire safety in an apartment building (except for residential premises and non-residential premises for public purposes) is imposed on a housing and construction cooperative, an association of co-owners of an apartment building and/or the manager of an apartment building.
- 9. The new wording of Article 65 “State Supervision (Control) in the Field of Fire and Technogenic Safety” has been set out, as well as the title and part one of Article 66 “Methods of State Supervision (Control) in the Field of Fire and Technogenic Safety”. In particular, it has been determined that the central executive body implementing the state policy in the field of civil protection shall carry out state supervision (control) measures in the field of fire and technogenic safety with respect to the subjects established by the Code by conducting scheduled and unscheduled inspections of land plots, houses, buildings, structures, including those under construction, their complexes and/or parts of any purpose and any form of ownership (hereinafter referred to as supervision objects). The grounds for conducting scheduled and unscheduled inspections have been determined.
- 10. The provisions of the Code relating to sanctions for violations of legislative requirements in the field of fire and technogenic safety have been supplemented with provisions on the possibility of resuming the work of suspended enterprises, individual production facilities, production areas, units, operation of buildings, structures, individual premises, production and sale of fire-hazardous products, systems and fire protection equipment (such resumption is possible after the central executive body implementing state policy in the field of civil protection receives a notification from the business entity that it has eliminated all established violations of legislative requirements in the field of fire and technogenic safety, which is confirmed by the relevant inspection report).
