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Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on Space Activity: Section II: Organization of Space Activity

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Country:  Ukraine Year: 1996
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national space law / National space policy National space policy
national space law / Regulatory practices for national space organizations Regulatory practices for national space organizations
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Ordinance Of The Supreme Soviet Of Ukraine,On Space Activity
Law of Ukraine of 15 November 1996 (VVRU, 1997, p. 2)

[UNOFFICIAL TRANSLATION]

     

Section II. ORGANIZATION OF SPACE ACTIVITY

Article 5. State regulation and management of space activity

State regulation and management of space activity in Ukraine shall be effected by means of the following:

  • Legislative definition of the basic principles, standards and rules governing space activity;
  • Elaboration of the conceptual bases of State policy in relation to the exploration and use of outer space for peaceful purposes and in the interests of State security;
  • Establishment of the Ukrainian All-State (National) Space Programme;
  • Specialized training of personnel to be covered by the Ukrainian National Budget;
  • The application of a licensing (authorization) system in relation to such activity, as well as other rules and regulations in conformity with legislation currently in force.

The Ukrainian National Space Agency shall be the specially authorized central executive authority responsible for implementing State policy in relation to space activity.

Article 6. Competences of the Ukrainian National Space Agency

The Ukrainian National Space Agency shall, within its competence:

  • Formulate the conceptual basis of State policy in relation to the exploration and use of outer space for peaceful purposes and in the interests of national security;
  • Provide for the organization of space activity in Ukraine and under the jurisdiction of Ukraine outside its borders;
  • Prepare, in collaboration with ministries, other central executive authorities and the Ukrainian National Academy of Sciences, the Ukrainian All-State (National) Space Programme and ensure its implementation;
  • Direct the management and coordination of the work of enterprises, institutions and organizations in the space and related sectors;
  • Act as the general State customer placing orders for scientific research relating to the exploration and exploitation of outer space and to scientific research and design and engineering studies for the design, manufacture and testing of space technology, including in connection with international space projects;
  • Arrange, in collaboration with ministries and other central authorities of Ukraine, for the operation, maintenance and improvement of space facilities;
  • Arrange for licensing of space activity in Ukraine and the licensing of such activity under the jurisdiction of Ukraine outside its borders;
  • Arrange for the development and operation of the Ukrainian Space Technology Certification System (UkrSSKT);
  • Ensure that subjects of space activity in Ukraine are furnished with the requisite regulatory texts;
  • Carry out the registration of space technology;
  • Arrange for cooperation between Ukraine and other States and international organizations in space-related matters, and ensure the maintenance and development of existing international relations in the area of space activity;
  • Undertake action aimed at improving the foreign trade relations of Ukraine with other States in the area of space activity;
  • Participate in the preparation of international treaties to be concluded by Ukraine;
  • Perform other functions in the area of space activities in conformity with legislation currently in force.

Article 7. Ukrainian All-State (National) Space Programme

Space activity in Ukraine shall be pursued on the basis of the Ukrainian All-State (National) Space Programme, which shall be prepared for periods of five years and submitted by the Cabinet of Ministers of Ukraine to the Supreme Soviet of Ukraine for its approval.

The Ukrainian All-State (National) Space Programme shall be drawn up by the Ukrainian National Space Agency in collaboration with the competent central executive authorities and the Ukrainian National Academy of Sciences on the basis of the aims and basic principles of space activity in Ukraine.

The Ukrainian All-State (National) Space Programme shall serve as the basis for the following:

  • Determination of civil, defence and dual-use space technology requirements and the conclusion of contracts in conformity with current legislation for the performance of scientific research work (hereinafter referred to as space technology orders) and the release of space technology for the current year, subject to approval by the Cabinet of Ministers of Ukraine;
  • Assignment of funds from the Ukrainian National Budget for the financing of space activity in accordance with State orders;
  • The training of personnel to be covered by the Ukrainian National Budget and the provision of social welfare coverage for personnel of space facilities;
  • Maintenance and improvement of space facilities forming part of the ground infrastructure and maintenance of the requisite safety standards in space activity;
  • Conduct of international cooperation in space-related matters, including the involvement of Ukraine in international space projects.

Article 8. Regulations governing space activity

The regulations governing space activity in Ukraine include operating standards for space facilities, and standards and regulatory texts governing procedures for the following:

  • Licensing of space activity;
  • Certification and registration of space facilities;
  • Organization, execution and ensuring of space launches and flights;
  • Supervision and monitoring of the safety of space launches and flights and of the operation of space technology;
  • Environmental protection in the course of space activity;
  • Conduct of search and rescue operations in connection with space activities;
  • Conduct of official investigations of incidents and emergencies;
  • Construction, operation, maintenance and repair of installations and equipment of infrastructural ground facilities;
  • Training of the personnel of space facilities;
  • Implementation of measures to protect space activity from unlawful intrusion.

The regulations governing space activity also include other regulatory acts governing space-related activities and their safety, as well as compliance with the requirements of intellectual property protection and State, military and commercial secrecy.

The regulations governing space activity shall be established by the relevant State authorities of Ukraine within their competence and shall be binding upon all subjects of space activity.

Article 9. Prohibitions on and restrictions of space activity

The following shall be prohibited in connection with the conduct of space activity in Ukraine:

  • Insertion into orbit and placing in space by whatsoever means of nuclear weapons or any other types of weapons of mass destruction, or the testing of such weapons;
  • The use of space technology as a means of producing effects upon the environment for military purposes or other purposes posing a threat to humankind;
  • The use of the Moon and other celestial bodies for military purposes;
  • The presenting of a direct threat to the life and health of human beings and the causing of damage to the environment;
  • The violation of international norms and standards regarding pollution of outer space;
  • Other acts related to space activity which are not permissible under international law.

Space activity conducted under a specific project which has led to the loss of human lives, substantial material damage or substantial damage to the environment may be restricted or prohibited in conformity with the legislation of Ukraine currently in force.

Article 10. Licensing of space activity

Any space facility engaging or intending to engage in space activity in Ukraine or under the jurisdiction of Ukraine outside its borders shall be required to have a licence from the Ukrainian National Space Agency for the pursuit of such activity.

The list of the types of space activity subject to licensing shall be established by the laws of Ukraine.

The procedures for the licensing of space activity in Ukraine shall be established by the Cabinet of Ministers of Ukraine.

Article 11. Financing of space activity

Space activity pursued for scientific or economic purposes for which the State is the customer shall be financed on the basis of the Ukrainian All-State (National) Space Programme and shall be covered by a special item in the Ukrainian National Budget.

Space activity for the purposes of the defence and security of Ukraine shall be financed from the Ukrainian National Budget in respect of defence expenditure.

Financing shall be effected through State customers of works for the design and use of space technology and shall be allocated among contractors in accordance with State contracts.

Foreign credits and investments in space activity related to implementation of the Ukrainian All-State (National) Space Programme shall be guaranteed by the State in conformity with Ukrainian legislation currently in force.

   
 
 
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