The Verkhovna Rada has registered draft law No. 13074-1, which provides for stricter penalties for arson of forests and dead wood, simplifies the procedure for proving arsonists' guilt, and increases the powers of local authorities in this area.
The text of this draft law, explanatory note, and comparative table can be found in the card of this document on the Parliament's website.
The full title of the draft law is No. 13074-1: “On Amendments to Certain Legislative Acts to Strengthen Liability for Violation of Fire Safety Requirements in Forests, Territories and Objects of the Nature Reserve Fund and Committing Other Environmental Offenses.” The document provides for amendments to the Code of Ukraine on Administrative Offenses (Articles 77, 77-1, 218, 219, 221, 223, 255, 258) and the Criminal Code of Ukraine (Articles 241, 245, 252).
The draft law was initiated by Oleh Bondarenko, Chairman of the Verkhovna Rada Committee on Environmental Policy and Nature Management.
The purpose of the draft law is to increase liability for offenses related to violation of fire safety rules in forests, within the territories and objects of the nature reserve fund, violation of the procedure for burning dry vegetation and its residues, air pollution, destruction or damage to green objects of the plant world by fire or other generally dangerous means, including within the territories under state protection and objects of the nature reserve fund.
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What changes are proposed in the draft law №13074-1
- Tougher penalties for arson. It provides for an increase in fines for burning dry grass and violating fire safety rules in forests. According to the new document, if a fire destroys more than 2 hectares of forest or causes serious environmental damage (in the amount of 50 tax-free minimum incomes), it will be considered a significant offense.
- Simplification of the procedure for proving arsonists' guilt. The draft law defines clear criteria to distinguish between administrative and criminal offenses.
- Expansion of rights, responsibilities and control for local authorities. The executive committees of local councils will have the right to draw up protocols and consider cases of dry vegetation arson.
- Fines for forest arson and air pollution are being increased. The penalties for mass deaths of animals due to fires are also being clarified.
- Responsibility for causing fires on the territory of nature reserves is also spelled out separately.
What penalties await violators
Currently, violations of fire safety rules in forests are punishable by fines ranging from UAH 1,530 to UAH 4,590 for citizens and from UAH 4,590 to UAH 15,300 for officials. The proposed draft law provides for an increase in these amounts for citizens – from UAH 2,550 to UAH 5,100, and for officials – from UAH 5,100 to UAH 17,000.
Currently, citizens can receive a fine of UAH 2,890 to UAH 6,120 for setting fire to grass, and officials can receive a fine of UAH 15,300 to UAH 21,420. Draft Law 13074-1 will increase fines as follows: for citizens – from UAH 3,400 to 6,800, for officials – from UAH 17,000 to 25,500.
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When will you face imprisonment for burning dead wood?
Articles 245 and 252 of the Criminal Code have been supplemented with previously missing third parts, which provide for imprisonment from 5 to 12 years for fires that caused the death of a person, mass death of animals or other serious consequences, or were committed under martial law or a state of emergency.
Why such changes are needed
In an explanatory note to the draft law, MP Oleh Bondarenko noted that the number of forest fires caused by careless fire handling in forests and within the territories and objects of the nature reserve fund has recently increased.
“Almost every day in Ukraine, there are numerous cases of large-scale fires in forests and other areas that are not related to hostilities and military aggression. Among the causes of fires, the first place is occupied by cases of careless handling of fire, violation of fire regulations, burning of vegetation and its residues on agricultural land and other categories of land, including within the territories of the nature reserve fund and settlements,” he stated.
The draft law No. 13074-1 proposes not only to increase liability for non-compliance with fire regulations, but also to improve certain procedural issues of bringing to justice for these offenses.
As EcoPolitic previously reported, in March, 1263 fires in ecosystems occurred in Ukraine in just one day. This affected more than 966 hectares of Ukrainian nature across the country. We also told you that in Volyn, a drone helps to catch deadwood arsonists red-handed.
