Current legislation does not effectively protect green spaces in populated areas. Fines for illegal logging are lower than the actual value of the timber, as they have remained unchanged for 25 years. Therefore, legal regulations require a thorough review to finally deter offenders from illegal activities.
These conclusions were presented by the NGO “Forest Initiatives and Society” after analyzing current legislation and real-world cases of penalties for tree felling.
Mismatch between crime and liability
In Ukraine, the fine for illegal logging within populated areas can be as low as 510–850 UAH. And that is the full extent of the liability—an administrative penalty that is disproportionate to the damage caused. After all, the legal system most often treats this crime as a minor offense, not serious and not subject to criminal liability.
“Forest Initiatives and Society” cites the example of the illegal felling of 18 poplar trees in a field-protective strip of a village. Damages exceeded 93,000 UAH, yet the Brovary court released the perpetrator from criminal liability as the statute of limitations had expired for the crime.
Additionally, the offender may be required to pay compensation for the felled tree. Experts note that for a medium or large-diameter plant, this amount may range from 1,000 to 2,800 UAH.
At the same time, the indicative price for 1 cubic meter of firewood ranges from 1,200 to 2,300 UAH. Thus, the value of illegally obtained timber may exceed the amount of compensation for the violation.
“Under such conditions, the illegal removal of trees becomes economically profitable and ceases to be constrained by law. This creates a systemic threat to environmental safety, the improvement of populated areas, and the interests of territorial communities,” emphasize “Forest Initiatives and Society.”
Source: NGO “Forest Initiatives and Society”
Necessary changes
Experts have proposed a number of steps that could make legislation more effective for protecting trees in cities and villages across Ukraine.
- Increasing fines. A review of outdated sanctions and an increase by 15–20 times is needed, with corresponding amendments to the Code of Ukraine on Administrative Offenses.
- Reviewing compensation amounts. They must correspond to the actual market value of timber. Therefore, Cabinet of Ministers Resolution No. 559 dated 1999 requires an update.
- Criminalization of violations. Illegal removal or damage to green spaces must incur criminal liability.
Meanwhile, in Zakarpattia, forests with endangered plant species are being destroyed to build power lines for a wind power plant.
In Kharkiv, trees are being destroyed for sand extraction on the shore of the Osnovyanske Lake.
