On ratification of the Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine on cooperation in the field of Emergency Prevention and Elimination of their Consequences
The Law of the Republic of Kazakhstan dated February 10, 2009 No. 128-IV
To ratify the Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine on cooperation in the field of emergency prevention and Elimination of their consequences, signed in Kiev on September 17, 1999.
President of the Republic of Kazakhstan N. Nazarbayev
Agreement between the Government of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine on cooperation in the field of emergency prevention and elimination of their consequences
The Government of the Republic of Kazakhstan and the Cabinet of Ministers of Ukraine, hereinafter referred to as the Parties,
Striving to strengthen the traditional friendly relations between the two peoples in accordance with the provisions of the Treaty of Friendship and Cooperation between the Republic of Kazakhstan and Ukraine dated January 20, 1994,
Aware of the danger posed by emergencies for both States,
Recognizing that cooperation in the field of emergency prevention and elimination of their consequences can contribute to improving the well-being and security of both States,
Considering the benefits that the exchange of scientific and technical information in the field of emergency prevention and elimination of their consequences can have for the Parties,
Taking into account the possibility of emergency situations, the consequences of which cannot be eliminated by the forces and means of one of the Parties, and the resulting need for coordinated actions by the Parties to prevent emergencies and eliminate their consequences,
have agreed on the following:
Article 1 Definitions
The terms used in this Agreement have the following meanings: Requesting Party - A Party that requests the other Party to send emergency rescue units with appropriate equipment and support materials; providing Party - A Party that satisfies the request of the other Party to send emergency rescue units with appropriate equipment and support materials; emergency rescue units or rescuers- groups of specialists, including military personnel of the civil defense forces, paramilitary and non-paramilitary formations involved in measures to prevent and eliminate emergency situations; equipment- equipment, vehicles, special equipment, tools and devices necessary for rescue and emergency recovery operations; support materials- material funds intended for free distribution to the population affected by a natural disaster or accident; emergency situation - the situation in a certain territory that has developed as a result of an accident, dangerous natural phenomenon, disaster, natural disaster or other disaster that may or may not result in human casualties, damage to human health or the environment and economic facilities, significant material losses and disruption of living conditions of the population; emergency zone - a certain territory, where an emergency situation has been (declared); Emergency prevention is a set of measures carried out in advance and aimed at reducing the risk of emergencies as much as possible, as well as preserving human health and life, reducing damage to the environment and material losses in the event of their occurrence.; liquidation of the consequences of emergency situations - emergency rescue and other urgent measures carried out in case of emergency situations and aimed at saving lives and preserving human health, reducing environmental damage and material losses, as well as localizing emergency zones, terminating the operation of their characteristic dangerous factors; competent authorities - bodies appointed by The Parties to coordinate the work related to the implementation of this Agreement; A transit State is a State through whose territory emergency rescue units, equipment and support materials are transported to third countries.
Article 2 Competent authorities
1. The Parties shall appoint competent authorities to implement the provisions of this Agreement.: On the Kazakh Side - the Agency of the Republic of Kazakhstan for Emergency Situations; on the Ukrainian Side - the Ministry of Ukraine for Emergency Situations and Protection of the Population from the Consequences of the Chernobyl disaster. 2. Each of the Parties shall immediately notify the other Party in writing of the withdrawal of its competent authority from performing the functions assigned to it and, as soon as possible, but no later than 60 days from the date of notification, inform the other Party in writing of the legal successor of the competent authority.
Article 3 Forms of cooperation
The Parties, based on the principles of equality and mutual assistance, in accordance with the legislation of their States, cooperate in the following areas:: 1/ development of a joint system of measures to prevent emergencies and eliminate their consequences; 2/ forecasting emergencies; 3/ organization and monitoring of dangerous man-made and environmental processes, as well as natural phenomena; 4/ development of a joint early warning system for emergencies; 5/ organization of an operational exchange of information on requests and proposals from the Parties for mutual assistance in emergency situations that have occurred on the territory of their States; 6/ provision of mutual assistance in eliminating the consequences of emergencies; 7/ exchange of information and technologies; 8/ exchange of specialists and scientists; 9/ organization of joint conferences, seminars and workshops; 10/ joint planning, development and implementation of research projects and their demonstration; 11/ assessment of the risk to the environment and public health due to possible pollution as a result of an emergency; 12/ assessment of the transboundary impact of emergencies on the environment; 13/ preparation of publications, reports and case studies; 14/ communication between the competent authorities of the Parties; 15/ training; 16/ any other activities related to the prevention of emergency situations and the elimination of their consequences, which may be agreed upon by the competent authorities of the Parties.
Article 4 Cooperation between organizations and institutions
The Parties will encourage cooperation between government agencies, institutions, legal entities and individuals engaged in activities related to the implementation of this Agreement.
Article 5 Joint Commission
To implement the provisions of this Agreement, the competent authorities of the Parties shall establish a Joint Commission on Cooperation in the Field of Emergency Prevention and Elimination of Their Consequences (hereinafter referred to as the Joint Commission). The Joint Commission holds its meetings alternately in the Republic of Kazakhstan and Ukraine, as a rule, once a year, and, if necessary, by agreement of the competent authorities of the Parties.
Article 6 Providing assistance
1. All activities related to the implementation of this Agreement are carried out in accordance with the legislation of the state of each of the Parties and if each of them has the funds necessary for the implementation of this Agreement. 2. The Parties will carry out requests for assistance through their competent authorities. 3. Assistance is provided on the basis of a request in which the requesting Party provides information about the current situation, indicates the type and amount of assistance required. 4. The providing Party shall make a decision on the request of the requesting Party as soon as possible and inform it of the possibility, scope and conditions of providing assistance. 5. The competent authority of the requesting Party shall direct the actions of all forces performing rescue and other urgent work in the disaster zone, and in the disaster zone, which includes the territories of the States of both Parties, the competent authorities of both Parties shall jointly direct rescue and other urgent work.
Article 7 Types of assistance
1. In case of emergency situations, assistance is provided after the official request of the requesting Party and the decision of the providing Party by immediately sending emergency rescue units, equipment and support materials to the emergency zone. 2. The requesting Party shall inform the heads of the emergency rescue units of the providing Party about the situation in the emergency zone and at specific work sites, and, if necessary, provide these units with interpreters and means of communication with the headquarters responsible for general management of emergency rescue and other urgent work, as well as provide emergency rescue units with protection, free accommodation, provides nutrition, medical care, and coordinates their actions. 3. The logistical support of emergency rescue units should be sufficient to conduct autonomous operations in the emergency zone for 72 hours. These formations are provided with everything necessary for their continued functioning, including accommodation, food and medical care, by the requesting Party.
Article 8 Transit
The Party of the transit State, in accordance with customs legislation, shall facilitate the unhindered movement of emergency rescue units, equipment and support materials of the providing Party to third countries through the territory of its State on the basis of agreements concluded with these States on cooperation in the field of emergency prevention and elimination of their consequences.
Article 9 Conditions of crossing the state border by emergency rescue units and their stay regime
1. The requesting Party undertakes to arrange for emergency rescue units of the providing Party to cross the state border of the transit State. 2. The personnel of the emergency rescue units of the providing Party are subject to the legislation of the requesting State during the entire period of their stay in the territory of that State. 3. Military personnel included in emergency rescue formations are subject to the legislation of the State of the providing Party, which regulates the status of military personnel, throughout the entire period of their stay in the territory of the requesting Party. 4. The procedure for crossing the border and the stay of cynological groups is determined on a case-by-case basis in accordance with the legislation of the requesting Party. 5. The crossing of the state border by emergency rescue units is carried out at checkpoints across the state border if each member of the formation has an identity document. The head of the emergency rescue unit, together with his passport documents, presents to the border control authorities a document issued by the competent authorities of the providing Party certifying the direction of the formation for the purpose of providing assistance and a list of persons who follow as part of the formation. The passage of conscripts across the state border is carried out after presentation of identity documents according to lists signed by the commanders of military units and stamped. 6. The movement of emergency rescue units, their equipment and support materials may be carried out by road, rail, water or air modes of transport. The procedure for using these types of transport to provide assistance is determined by the competent authorities of the Parties in coordination with the relevant executive authorities.
Article 10 Import and export of equipment and support materials
1. Customs clearance of equipment, support materials and personal belongings of members of formations that are imported into the territory of the requesting Party and exported from the territory of the State of the providing Party to assist in eliminating the consequences of emergency situations is carried out in accordance with the legislation of the Parties on a priority basis, without taxation and without levying any fees on the basis of notifications issued by the competent authorities, including which indicate the composition of emergency rescue units, a list of imported or exported equipment and support materials. 2. The equipment and support materials must be used or distributed during the relief operations, or removed at their end from the territory of the requesting State. 3. If, due to special circumstances, it is not possible or advisable to remove these equipment and support materials, they must be transferred to the competent authority of the requesting Party on agreed terms. 4. If it is necessary to provide emergency medical care to victims, the necessary amount of medicines containing narcotic substances may be imported into the territory of the requesting Party's State, with mandatory coordination of the nomenclature, quantity and place of use of these substances with the relevant state drug control authorities of each Party. Such medicines are not transferable and are used by qualified medical personnel under the supervision of representatives of the requesting Party. 5. Upon completion of the work, the remainder of the narcotic drugs must be taken back under the customs control of the requesting Party on the basis of duly executed documents confirming the nature and quantity of the drugs, and an act on the use of narcotic drugs, signed by the head and doctor of the emergency rescue unit, and certified by a representative of the competent authority and a representative of the customs authority of the requesting Party, is transmitted to the customs authority of the providing Party. The parties. The import and export of narcotic drugs is carried out in accordance with the laws of the States.
Article 11 Use of aircraft
1. Each Party shall grant permission to aircraft sent to provide assistance to fly to the appropriate points on the territory of its State. 2. The decision to use aircraft to provide assistance is immediately notified to the relevant authorities of the requesting Party, indicating the route, type and registration numbers of the aircraft, the number of crew members and passengers, the nature of the cargo, the place and time of takeoff and landing. 3. Flights must be carried out in accordance with the rules established by each Party governing the operation and navigation of aircraft when flying over the territory of its State, and the rules established by the International Civil Aviation Organization (ICAO). 4. Aircraft of the providing Party are exempt from payments for flight over the territory of the requesting State, as well as for radio navigation support, landing, parking at the airfield and take-off from it. The procedure for paying for refueling and providing other supplies, as well as maintenance, will be decided by the Parties in each case separately.
Article 12 Reimbursement of expenses
1. The requesting Party shall reimburse the providing Party for the costs incurred by it during the provision of assistance, including payment for medical care provided, unless otherwise agreed by the Parties, taking into account the nature and scale of the disaster. 2. The requesting Party may cancel its request for assistance at any time, but in this case the providing Party is entitled to receive reimbursement of the costs incurred by it. 3. Unless otherwise agreed by the Parties, upon the request of the providing Party, all costs incurred by it shall be reimbursed immediately by the requesting Party. 4. Upon completion of the assistance work, the competent authority of the providing Party shall send a written report on the work carried out to the competent authority of the requesting Party. 5. The competent authority of the requesting Party shall send to the competent authority of the providing Party a final report on the incident, including a description of the emergency situation, information on the type and scope of assistance received and the results of the work carried out. 6. The competent authorities shall inform their Parties about the amount of assistance provided and received and about the results of the work carried out.
Article 13 Compensation for damage
1. The requesting Party shall not make claims to the providing Party in the event of the death or injury of rescuers, damage or loss of property or damage to the environment on the territory of its State during the liquidation of the consequences of emergency situations, if the emergency rescue units take all reasonable measures in their power to prevent or reduce damage and pays the providing Party compensation in case of death or injury of people, as well as in case of loss or damage to equipment or other property, if such damage is caused during the performance of tasks related to the implementation of this Agreement. 2. The providing Party independently ensures, in accordance with the legislation of its State, the insurance of its personnel participating in the provision of assistance. The costs of insurance registration are included in the total costs of assistance and are compensated by the requesting Party under the terms of this Agreement. 3. If a member of the emergency rescue unit of the providing Party causes damage to a third party while performing tasks related to the implementation of this Agreement in the territory of the requesting Party's State, the requesting Party shall compensate for this damage in accordance with the provisions of legislation that would apply in the event of damage by its own assistance forces. 4. If the damage referred to in this article was caused by the fault of a member of the emergency rescue unit of the providing Party, the requesting Party has the right to reverse the claim (recourse) To the providing party in the amount of the compensation paid.
Article 14 Use of information
Information obtained as a result of activities under this Agreement, with the exception of information that is not subject to disclosure in accordance with the national legislation of the Parties, is published on the basis of the rules and established practices of the Parties, unless otherwise agreed in writing by the competent authorities.
Article 15 Relation to other international treaties and agreements
This Agreement does not affect the rights and obligations of the Parties under other international treaties and agreements to which they are parties.
Article 16 Dispute resolution
Differences in the interpretation and application of this Agreement, which cannot be resolved through consultations between the competent authorities, are resolved through diplomatic channels or through negotiations between the Parties with the preparation of appropriate protocols.
Article 17 Amendments to the Agreement
By mutual agreement, the Parties may make necessary additions and amendments to this Agreement, which are formalized by the relevant protocols and enter into force in accordance with Article 18 of this Agreement and are an integral part of it.
Article 18 Final provisions
This Agreement is concluded for an indefinite period and comes into force from the date of the last written notification that the Parties have completed the internal procedures necessary for its entry into force. The Agreement may be denounced by either Party by written notification. The Agreement becomes invalid six months after the date of receipt by one of the Parties of a written notification of its desire to terminate the Agreement.
In the case described in the previous paragraph, the provisions of this Agreement will continue to apply to all contracts and obligations that arose on its basis and were not fulfilled at the time of termination, until such contracts and obligations are fully fulfilled. Done in Kiev on September 17, 1999, in two originals, each in the Kazakh, Ukrainian and Russian languages, all texts being equally authentic. In case of disagreement in the interpretation of the provisions of this Agreement, the text in Russian shall prevail.
For the Government For the Cabinet of the Republic of Kazakhstan of Ministers of Ukraine
I hereby certify the accuracy of this copy of the note of the Ministry of Foreign Affairs of the Republic of Kazakhstan 12-1-2/1234 dated June 8, 2004.
Advisor International Law Department Ministry of Foreign Affairs of the Republic of Kazakhstan N. Sakenov
If the Ukrainian side agrees to make these changes, the Ministry of Foreign Affairs of the Republic of Kazakhstan proposes to consider this note and the response note of the Ministry of Foreign Affairs of Ukraine as integral parts of the above-mentioned Agreement. The Ministry of Foreign Affairs of the Republic of Kazakhstan takes this opportunity to renew to the Ministry of Foreign Affairs of Ukraine the assurances of its high esteem.
Astana, June 08, 2004
The RCPI's note. The text of the Agreement in Ukrainian is attached.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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