Fines for violations in the field of waste management may increase significantly in Ukraine, and prison sentences are even provided for particularly serious offenses. These provisions are set forth in two draft laws from the Ministry of Economy, which have already been approved by the Cabinet of Ministers of Ukraine.
The provisions of the documents were analyzed in detail in the publication "Judicial and Legal Gazette."
These are draft laws No. 15325 and No. 15327, prepared in accordance with the Law "On Waste Management." The first amends the provisions on administrative liability, while the second addresses criminal liability.
Fundamental changes:
- Increase in fines. Sanctions will be toughened for various types of violations, including littering forests and land, illegal handling of waste, and even inaction in eliminating illegal landfills. The amount of fines in this sector may rise to 51,000 UAH.
- Imprisonment. For especially dangerous violations that endanger the safety of people or the natural environment, offenders could face up to 10 years in prison.
- New obligations. Communities, businesses, and local administrations will have a broader list of duties regarding the accounting, management, and control of waste management.
Fine amounts
Increases in penalties are set out in particular for the following violations:
- damage, pollution, and littering of land and soils with waste;
- damage to forests due to pollution;
- littering of forests with waste;
- violation of waste management rules;
- violation of municipal improvement rules in populated areas.
The most “expensive” offenses will cost citizens from 1,700 to 5,100 UAH, while officials or sole proprietors (FOPs) will pay from 13,600 to 17,000 UAH. In case of repeated violation or substantial environmental harm, the fines increase. For citizens, it will be from 6,800 to 15,300 UAH, and for officials and FOPs – from 42,500 to 51,000 UAH.
Additionally, draft law No. 15325 introduces the concept of “significant environmental damage”. This refers to violations where the damage exceeds 50–100 non-taxable minimum incomes of citizens.
New violations
The Administrative Code will be supplemented with new types of offenses establishing liability. Among them:
- performing waste treatment operations without the appropriate permit. For citizens, the fine will be 1,700–5,100 UAH; for officials and entrepreneurs – 6,800–17,000 UAH;
- violation of the procedure for submitting a waste declaration or failure to submit it. For this violation, entrepreneurs or officials will have to pay 1,700–5,100 UAH;
- failure to take measures to eliminate unauthorized landfills. Liability for this type of violation falls on officials of local self-government bodies if the landfill is found on municipal land. If areas outside populated areas are polluted, officials of state administrations will be responsible. The fine will be from 3,400 to 17,000 UAH;
- absence of a waste management plan;
- non-compliance with the conditions of a permit for waste treatment operations;
- failure to maintain records of landfills and waste whose owner has not been established.
Strengthening criminal liability
Draft law No. 15327 is aimed at strengthening liability for the following actions in particular:
- violation of environmental safety rules;
- land, air, water bodies, and sea pollution;
- illegal import of waste into the territory of Ukraine.
Imprisonment is provided for violation of environmental safety rules that created a threat to human life or the environment:
- from 3 to 5 years, or a fine – for an offense committed for the first time;
- from 4 to 7 years – for repeat violations, acts committed by a group of persons, or if significant damage to nature is caused;
- from 5 to 10 years – if people died or a major environmental emergency occurred.
EcoPolitic previously reported that there is a global crisis in waste management. Only 21% of waste is recycled, while 30% is either not collected at all or is dumped in open areas.
