The law on firewood storage 9665, adopted on October 10, has now been sent to Ukrainian President Volodymyr Zelensky for signature.
By law 9665, deputies have improved liability for violations in the sphere of flora protection, forest management and combating illegal timber trafficking.
What you need to know about the new law on firewood, read in the ICTV Fakty material.
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New law on firewood:
- what will change with the signing of the law on firewood storage and illegal felling;
- what the lawyer says;
- explanations of parliamentarians.
What will change with the signing of the law on firewood storage and illegal logging
After the President signs bill 9665, the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses will be improved.
In particular, both codes will be supplemented with articles to prosecute for violating the rules for cutting down, damaging or destroying trees or shrubs.
Thus, The Code of Ukraine on Administrative Offenses will be supplemented with a new article 65².
This article will provide for liability for the illegal transportation, storage, sale of trees, shrubs or timber, without documents confirming the legality of the origin of trees, shrubs or timber, or with such documents that are forged, obtained illegally or containing knowingly false information.
The fine for firewood will be:
- for citizens – 510-1 530 UAH,
- for officials – 3 400-15 300 UAH.
Article 246¹ of the Criminal Code of Ukraine will appear in the Criminal Code of Ukraine.
The same acts committed on a significant scale will be punishable by a fine of 34 to 51 thousand UAH or restriction of freedom for up to three years.
The same actions committed repeatedly or by prior agreement by a group of persons, or committed on a large scale, will be punishable by a fine of 170 to 340 thousand or imprisonment for five to seven years.
According to the deputies, the implementation of the new law on firewood will ensure effective legal protection of the environment from illegal cutting, damage or destruction of trees or shrubs, as well as their illegal turnover.
New law on firewood: what the lawyer says
As lawyer Oleksiy Kinebas noted in a commentary to Suspilny, after the new law on firewood comes into force, simply storing, transporting or selling timber without documents may result in either administrative or criminal liability.
– For example, a married couple stores firewood worth more than UAH 30,000 and does not have documents confirming their purchase.
Criminal liability is provided for from five to seven years, – says the lawyer.
According to Oleksiy Kinebas, if there is less than UAH 30,000 worth of firewood, law 9665 provides for administrative liability, that is, fines.
If the damage due to illegal cutting or damage to trees and shrubs is classified as significant, then you will have to pay a fine of 34 thousand UAH, or receive a punishment of up to five years in prison.
In this case, everything will depend on the cost of the damaged wood and the circumstances.
If law enforcement sees grave consequences in cutting down trees under martial law, the punishment will be even stricter – from seven to 10 years.
– For comparison, for manslaughter you can get a maximum of five to eight years, – the lawyer notes.
The adopted bill on firewood, the lawyer adds, does not contain any transitional provisions, so the document will come into force immediately after the president signs it.
New law on firewood: explanations from parliamentarians
As one of the authors of bill 9665, Deputy Chairman of the Verkhovna Rada Committee on Law Enforcement Maksym Pavlyuk explained, the new law on firewood is not aimed against the population that uses firewood to heat their own homes, but against illegal loggers, illegal sawmills that profit from stolen timber.
A person will not bear any responsibility for storing 30 cubic meters of pine firewood or 15 cubic meters of m of oak firewood (this is the household volume of wood).
This volume will be enough for a household for the heating season with a surplus.
– For ordinary households that are not engaged in the processing or sale of wood on an industrial scale, this bill will not matter, – the people's deputy reassures.
According to him, even those who, due to the uncertainty in the energy sector, have prepared more than 30 cubic meters of pine firewood or 15 cubic meters of m of oak firewood, because the law does not have retroactive effect.
Therefore, government agencies, including the police, do not have the right to demand documents for existing wood that was purchased before the law came into force.
– The heating season has begun. Therefore, even purely technically, the provisions of the law in this part will not work earlier than the beginning of preparations for the next heating season.
This bill is not intended to look for firewood in people's yards, but to prevent the circulation of illegal timber and preserve nature, to bring the norms of Ukrainian legislation to European requirements, – summed up Maksym Pavlyuk.
Earlier, the State Emergency Service reminded that burning dry grass, leaves and tree branches is prohibited in Ukraine. The current legislation provides for administrative and criminal liability for this.
