Our
mission and functions
The State Environmental Inspectorate of Ukraine (State Inspectorate) is the central executive body whose activities are directed and coordinated by the Cabinet of Ministers of Ukraine through the Minister of Ecology and Natural Resources. It implements state policy on state supervision (control) in the field of environmental protection, rational use, recovery and protection of natural resources.
Our main tasks:
1. implementation of state policy on state supervision (control) in the field of environmental protection, rational use, recovery and protection of natural resources;
2. realization of state supervision (control) of legislation requirements compliance, with regard to:
protection of lands, subsoil and mineral resources;
ecological and radiation protection;
protection and use of territories and objects of the natural reserves;
protection, rational use and recovery of forests;
conservation, recovery and non-exhaustive use of biological and landscape diversity;
rational use, recovery and protection of animal and plant life;
hunting farms and hunting;
protection, rational use and recovery of water resources;
ambient air protection;
formation, preservation and use of the ecological network;
environmental status information;
waste, hazardous chemicals, pesticides and agrochemicals management;
implementation of activities ensuring biological and genetic safety of the natural environment during the creation, research and practical use of genetically modified organisms in an open system;
3. submission of proposals to the Minister of Ecology and Natural Resources on formation of state policy in the field of environmental protection, rational use, recovery and protection of natural resources.реалізація державної політики із здійснення державного нагляду (контролю) у сфері охорони навколишнього природного середовища, раціонального використання, відтворення і охорони природних ресурсів;
Areas of
activity:
State Inspectorate in accordance with the assigned tasks:
1. Generalizes the practice of applying legislations, develops proposals for the improvement of legislative acts, acts of the President of Ukraine and the Cabinet of Ministers of Ukraine and other ministries and submits them to the Minister of Ecology and Natural Resources in accordance with the established procedure;
2. Implement the state supervision (control) of the central executive authorities and their territorial bodies, local executive authorities and local self-government bodies of their compliance to the requirements of the legislation:
a) on environmental and
radiation safety, in particular:
implementation
of the requirements of the results of the state ecological expertise;
at the
state border and in the zones of customs control of Ukraine during the import,
export and transit of goods and vehicles;
while
managing with the scrap metal;
while
activities that constitute an increased environmental hazard;
while
activities on objects that constitute an increased environmental hazard;
b) on the protection of lands,
subsoil, minerals, in particular concerning:
conservation
of degraded and non productive lands;
conservation
of wetlands;
achievement
of environmental requirements during the use of properties, in particular for
rent of the land;
implementation
of measures to prevent the pollution of land with chemical and radioactive
substances, waste, sewage;
control of
use of lands of natural reserves and other nature conservation territories, as
well as areas subject to special protection;
compliance
with ecological standards on the use and protection of land;
construction,
dredging, sand and gravel mining, laying cables, pipelines and other
communications in the water bodies;
establishment
and use of water protection zones and coastal protective bands, as well as control
of using these territories;
use and
protection of subsoil and minerals;
c) on the protection, rational
use of water and recovery of water resources, in particular:
implementation
of state, multi governmental and regional programs for the use and protection
of water, recovery of water resources;
presence and
implementation of permits, standards for the maximum discharge of pollutants,
limits of collection and use of water and the discharge of pollutants;
rights of
state ownership of water;
collection
and use of water accounting by the water users, monitoring the quality and
quantity of discharge and pollutants in the water bodies, water quality in
control places, as well as submission the reports to authorities;
observance
of the established regime of economic activity in the sanitary protection zones
of drinking and household water supply, water protection zones, coastal
protective bands, water treatment facilities and other water facilities and
technical devices;
prevention
of the pollution of water bodies by sewage (rain, snow) leaving the property of
water users;
implementation
of actions for the rational use of water resources;
implementation
of technical, forest-meliorative, meteorological, hydro technical and other actions
in order to protect water from exhaustion, improve their condition, as well as prevent
contaminated discharge (waste, mine, quarry, drainage water), ballast and
linoleic waters;
carrying
out works related to the elimination of the consequences of accidents, which
may lead to deterioration of water quality;
compliance
with ecological requirements during design, placement, construction of new and
reconstruction of operating enterprises, buildings and other objects;
realization
of actions to prevent harmful action of water and liquidation of its
consequences;
observance
of regulations in operation rules of technological reservoirs (cooling rates of
thermal and nuclear power plants, fish rates, ponds, sediment ponds, etc.) of
industrial contaminated sewage or mine and quarry waters;
use, recovery
and protection of the marine environment and natural resources of inland
waters, the territorial waters, the exclusive (marine) economic zone of Ukraine
and the continental shelf of Ukraine, adherence of the standards of ecological
safety;
loading
and unloading operations in ports, port facilities and on raids;
observance
of agreements and requirements of the environmental legislation of Ukraine on
prevention of pollution of the marine environment by ships and international
conventions ships;
d) on the protection of ambient
air, in particular:
implementation
of national or regional environmental programs;
availability
and compliance of permits for emissions;
continuous
effective work and maintenance of facilities and equipment for reducing of pollutants
in emissions;
observance
of standards in the field of air protection;
observance
of ecological indicators of petroleum products (petrol of automobile and diesel
fuel), that are realized by means of wholesale and retail trade;
way of
carrying out activities aimed at changes in the state of the atmospheric
conditions for economic purposes;
providing
complete and reliable information on the state of the air, determining the
types and amounts of pollutants emitted into the atmosphere;
e) protection, use and recovery
of forests, in particular:
trees and
shrubs damage, destruction or damage of forests, seeds, naturally growing on
lands used for forest regeneration, the legality of felling;
the
completeness and legitimacy of the implemented measures for the recovery of
forests, rare breeds of trees, the breeds related to the specific region, and actions
for the care of forest crops on the restoration lands;
rational
and non-exhaustive use of forest resources;
forest goods
extraction and use of forest resources;
realization
of protection actions for the forests protection from fires, illegal logging,
pests and diseases, damages due to anthropogenic and other harmful impacts, the
use of pesticides and agrochemicals in forestry and forests;
use of
field-protecting forest bands, water protection and protective forest planting;
provision
of timber by the main use felling and implementation of forest management
measures;
use of new
and reconstructed factories, units, transport routes, main pipelines, communal
and other objects that are not provided with equipment that prevents harmful
influence on the state and recovery of forests;
conservation
of the forest fauna;
e) on the rational use, recovery
and protection of the objects of the fauna, in particular:
regulation
of the wild animals abundance;
the use
and recovery of rare and endangered species of animals included in the Red Book
of Ukraine;
maintenance
and breeding of wild animals that are in captivity or in a semi-free
environment;
the
presence of documents confirming the legality of wild animals ownership,
including those included in the Red Book of Ukraine;
availability
of permits for the maintenance and breeding of wild animals;
protection
of environment, ways of migration, acclimatization and cross-breeding of wild
animals;
import
into Ukraine and export of animals outside its borders and tools for hunting;
protection
of wild animals from cruelty;
legality
of acquiring private property of wildlife objects;
e) protection, use and recovery
of fish and other aquatic resources;
e) presence of permits, limits
and quotas for the special use of natural resources and their control;
g) protection, maintenance and
use of greenbelt;
h) use, protection and recovery
of flora;
i) compliance with rules for
the creation, replenishment, storage, use and governmental registration of
zoological and botanical collections and their trade;
j) compliance with the states
of the Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES);
k) hunting farms and hunting;
l) preservation of flora and
fauna included in the Red and Green Books of Ukraine, formation, preservation
and use of the ecological network;
m) protection and use of the
territories and objects of the nature reserves, in particular:
observance
of the state of territories and objects of the nature reserves;
presence
of limits and permissions for the special use of natural resources within the
territories and objects of the nature reserves and observance of their amount,
recovery of natural resources in the nature reserves;
n) waste management, in
particular:
control of
permit requirements for waste management operations;
creation
and maintenance of a list of objects of formation, processing and utilization
of waste, registration of places for waste disposal;
transportation
of hazardous wastes through Ukraine and transboundary shipment of wastes;
collection,
transportation, storage, treatment, utilization, disposal of waste (including
the prevention of mixing and disposal of waste that can be utilized);
recording
the quantity, type and composition of waste that is generated, collected,
transported, stored, processed, disposed and removed, producing statistical
reports and certification of such waste;
compliance
of the technological documentation with the requirements, during the products production
(except for research samples) from waste or with their use;
compliance
with the rules and operating conditions of waste treatment and utilization
industries;
compliance
with the requirements of environmental safety during transportation, storage,
use, and disposal of plant protection chemicals, mineral fertilizers, toxic
substances and wastes;
full
implementation of actions for the protection of land from litter and pollution
by waste;
o) in the field of chemical energy
sources in terms of ensuring the ecological safety of the production of
chemical energy sources and utilization of used chemical energy sources, recording
accumulation rate of chemical energy sources waste and their transfer for
utilization;
p) observance for registration
in the ship documents actions related with hazardous substances and mixtures,
ballast and flax waters;
r) compliance with biological
and genetic safety measures in relation to biological objects of the
environment during the creation, research and practical use of genetically
modified organisms in an open system;
3. carry out inspections
(including documentary) with the use of instrumental and laboratory control, give
the acts on the results of state supervision (control), makes obligatory orders
for elimination of revealed violations and supervises their implementation
performing laboratory measurements (tests);
3-1) carries out state market
supervision within the scope of its responsibility;
{Subparagraph 3-1 added in
accordance with the Resolution of CM № 143, February 28, 2018}
4. provide to the central and
local executive authorities and local self-government bodies acts on temporal
or permanent cancellation of permits, licenses, certificates, decisions,
limits, quotas, approvals, certificates for special use of natural resources,
pollutant emissions and discharges handling of hazardous chemicals,
transboundary movement of plant and animal life (including aquatic living
resources), as well as establishment of standards of maximum acceptable levels
of harmful impact on the environment;
submits to the licensing
authority a documents regarding the right to conduct economic activity;
5.
claim to a court regarding the restriction of activities of enterprises
and objects irrespective of their form of the ownership, if their exploitation
is carried out against the legislation on environmental protection, permits for
the use of natural resources, exceeding the allowance of the maximum emissions
from the influence of physical and biological factors and emission limitations
of pollutants;
6.
submits to central executive authorities, their territorial bodies, local
executive authorities and local self-government bodies requirements regarding the
eligibility of their decisions that fall within the competence of the State
Inspectorate;
7.
write protocols on administrative offences and consider cases of
administrative offenses, impose administrative penalties;
8.
submits claims for compensation of damage, losses and losses caused to
the country as a result of noncompliance of legislation and calculates their
amount, goes to the court with corresponding claims;
9.
apply pre-trial settlement of disputes in accordance with the
established procedure, acting as plaintiff and defendant in courts;
10. apply in accordance with the
law measures for termination of illegal use of mineral resources and the
development of areas of deposits of minerals against established procedure;
11. carries out ecological and
radiological control of goods and vehicles, including goods (items) of
humanitarian help, at the state border points, in the customs territory of
Ukraine;
12. review the appeals of citizens
related to the activities of the State Inspectorate, its territorial bodies,
enterprises, institutions and organizations belonging to its sphere of
management;
13. develops and participates in
the elaboration of draft laws of Ukraine, acts of the President of Ukraine, the
Cabinet of Ministers of Ukraine and other legislative acts on matters that fall
within its competence;
14. arranges scientific and
technical, investing, informative, publishing activities;
15. carries out international
cooperation, ensures fulfillment of obligations undertaken under international
treaties of Ukraine on matters within its competence, takes part in the
preparation of international treaties;
16. inform the public about the
implementation of the state policy that in the competence of the State Inspectorate;
17. participates in the training of
specialists in the relevant field;
18. perform functions related to
the management of state-owned objects belonging to the sphere of its
management;
19. make other powers specified by law.
Powers:
The State Inspectorate carries out its powers directly and through territorial bodies.
The State Inspection has the
right to perform the tasks assigned to:
1) involve, in accordance with
the established procedure, the implementation of certain works, participation
in the studies of scientists and specialists, employees of central and local
executive authorities, local authorities, enterprises, institutions and
organizations (in consultation with their leaders);
2) involve law enforcement
officers in carrying out measures on state supervision (control) within its
competence;
3) receive from the central and
local executive authorities, local governments, enterprises, institutions,
organizations irrespective of the form of ownership and their officials, as
well as citizens and their associations, the information, documents and
materials necessary for the performance of the obligations imposed on it tasks;
4) start meetings, set up
commissions, working groups and expert groups to carry out scientific
conferences, seminars on issues that fall within its competence;
5) use free of charge state
bodies information databases, the state system of government communications and
other technical means;
6) stop vehicles (including
floating) and carry out their inspection, review of tools for the extraction of
objects of plant and animal life (including fish and other aquatic living
resources) in the places of their extraction, storage, processing and sale;
7) remove in the established
manner tools for the fauna extraction (including aquatic living resources),
transport (including floating vehicles), equipment and objects that are an
instrument for the extraction of the fauna (including fish and other aquatic
living resources), illicitly extracted natural resources and products from
them, as well as relevant documents (licenses, permits, etc.);
8) carry out in accordance with
the law photographing, sound recording, film and video shooting, in particular
with aircraft and space technology, for preventing and disclosing violations of
legislation; supervision (control) that falls within the competence of the
State Inspectorate;
9) perform sampling and
laboratory measurements of the composition and properties of stationary pollution
sources of atmospheric air, ballast, reverse, surface, marine waters,
measurements of composition and properties of underground water in samples from
observation wells; measurements of the composition and properties of the
emissions of mobile sources of air pollution and environmental indicators of
petroleum products (petrol of automobile and diesel fuel), which are realized
by wholesale and retail trade by business entities;
10) conduct an inspection of
the organization and implementation of control of the compliance with the standards
of the maximum emissions, for the implementation of instrumental and laboratory
measurements of the parameters of emissions of pollutants from stationary and
mobile sources and the efficiency of gas treatment plants, in compliance with
the established standards of maximum discharge of pollutants, the quality and
quantity of waste water and pollutants in the water bodies and the quality of
the water in the control units and verification of compliance with the rules
for determining the quality of water;
11) carry out a laboratory
analysis of the state of land pollution, including radioactive, in the places
of direct influence of emissions and discharges by enterprises, as well as in case
of accidents and emergencies;
12) call citizens and officials
of state authorities, other state bodies, bodies of local self-government for receiving
oral and written explanations in case of violation of requirements of the
legislation;
13) collect, process and
analyze information on compliance with the requirements of legislation on
matters that fall within its competence;
14) examine, in accordance with
the procedure established by law, enterprises, institutions and organizations to
follow the requirements of legislation in the field of environmental
protection, protection of lands, subsoil, minerals;
15) bring people who violated
the requirements of legislation to law enforcement agencies, bodies of the
State Border Guard Service or executive bodies;
16) transfer to law enforcement
authorities materials about acts in which the signs of a criminal offense are found.