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Increased fines for forest resources: caring for nature or controlling profits

For many Ukrainians, picking mushrooms and berries is not just a seasonal pastime or an opportunity to earn extra money, but a part of the culture and heritage that has been passed down from generation to generation. But now this traditional ‘quiet hunting’ can cost much more than a basket of forest delicacies. The authorities are introducing new, harsh penalties for illegal mushroom and berry picking and deforestation in an attempt to control the use of natural resources. But are these measures really aimed at protecting nature?

Fines for picking berries and mushrooms

The Verkhovna Rada has adopted draft law No. 9665, which increases liability for illegal felling of trees, picking mushrooms or berries in places where it is prohibited.

Previously, the following fines were imposed for picking mushrooms and berries in prohibited areas

  • for citizens – from one to three tax-free minimum incomes, i.e. from UAH 17 to 51
  • for officials – from three to seven tax-free minimum incomes, i.e. from UAH 51 to 119.

Since under the current legislation, it was possible to cut down trees worth hundreds of thousands of hryvnias and receive a meagre fine, such minor prohibitions did not stop Ukrainians from illegally cutting down trees, and such offences were repeated many times.

In this regard, after the bill comes into force, fines will increase:

  • for citizens – from 25 to 50 tax-free minimums, i.e. from UAH 425 to 850
  • for officials – from 100 to 300 tax-free minimums, i.e. from UAH 1,700 to 5,100.

Of course, this does not mean that picking mushrooms for your own consumption is completely prohibited. Before you go to the forest to pick mushrooms, you should find out whether it is allowed in the chosen area. For example, the ban on mushroom picking is currently in force in border areas. Some regions have certain restrictions. For example, in the Rivne region, picking mushrooms, berries, and herbs is currently prohibited in six territorial communities. Other communities in the region are allowed to pick mushrooms within certain limits:

  • porcini mushrooms, chanterelles – 30 kg;
  • mushrooms, other mushrooms – 50 kg.

At the same time, stricter restrictions have been set in Odesa Oblast:

  • mushrooms – 30 kg;
  • butter mushrooms – 30 kg;
  • other mushrooms – 25 kg.

Why fines for picking mushrooms and berries will be increased

Resistance to this law by some people is understandable: for many Ukrainians, mushrooms, berries and dry branches are not just natural resources, but a way to earn money or even a means of survival. But the government stresses that the main goal is not to punish, but to preserve forests for the future. Fines will be imposed only on those who systematically violate the established rules or abuse permits.According to the official version, the increase in fines for illegal collection of berries, mushrooms and other forest resources will be introduced to protect natural resources and ecosystems, as well as to regulate this type of activity. The illegal collection of berries and mushrooms in large quantities can lead to the degradation of forest ecosystems. Many plants and mushrooms are important for the natural balance, and their uncontrolled collection can have a negative impact on the environment.

In addition, there are many cases when forest resources are collected commercially, in particular for further sale, without the necessary permits. This can be harmful to nature and cause losses to the state.

In addition, some species of mushrooms and plants are rare or endangered, so their massive collection may threaten their existence. The introduction of increased fines will help regulate collection and preserve biodiversity. At the same time, the collection of forest resources without proper control can violate the legal norms governing the use of forest resources, so the new fines will help to promote responsible forest management practices.

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However, in practice, the introduction of increased fines for berry and mushroom picking in Ukraine may have more hidden reasons, which are related to several factors:

  1. A source of revenue for local authorities. The introduction of increased fines can be an additional source of revenue for local budgets. In some regions, such restrictions may be part of a strategy to raise funds that are not always used for nature conservation.
  2. Control over illegal business. Illegal commercial collection of mushrooms and berries without proper permits can be a source of income for the shadow economy. The authorities try to control this process through fines to limit unofficial earnings and encourage legal activities that bring taxes to the budget.
  3. Monopolisation of resources. In some cases, fines may be part of an attempt by large market players to gain a monopoly on access to natural resources. Licences for commercial collection of berries and mushrooms can be issued only to certain companies, which displaces small pickers and local people from this activity.
  4. Corruption component. As in many other areas, the imposition of fines can be an additional lever for creating corruption schemes. Inspectors or regulatory authorities can use this as a way to obtain bribes by offering unofficial ‘solutions’ to the problem of fines for a fee.
  5. The need to control the territory. In some cases, fines may be related to securing control over certain territories that may be of strategic importance or of interest for the development of other activities, such as logging or construction.

Thus, official environmental goals may be driven by both financial interests and the desire to control the use of natural resources by the government and business.

How the new law will protect the forest

The changes also affected reed harvesting and tree felling. According to the new law, illegal harvesting of reeds that caused significant damage is punishable by a fine of 2,000 to 2,500 tax-free minimum incomes or restraint of liberty for up to three years, or imprisonment for the same period. Significant damage is defined as that which exceeds twenty times or more the tax-free minimum. For example, in case of damage in the amount of UAH 340 or more, a fine of UAH 34,000 to 42,500 will have to be paid. Currently, the fine for illegal felling of trees or shrubs is between UAH 17,000 and 25,500. According to the new requirements, the fine will be between UAH 34,000 and UAH 85,000.

In case of a repeat offence, the fine will be up to UAH 170,000.

Currently, the illegal felling, destruction of trees or shrubs, seedlings is punishable by a fine of UAH 3.4 thousand to UAH 8.5 thousand. In case of repeated violation, the fine will increase to UAH 8.5-11.9 thousand. Currently, the penalty for such actions is only UAH 510-1020.

It is worth noting that illegal felling or destruction of trees under martial law is proposed to be punishable by imprisonment for a term of 7 to 10 years.

Forest conservation is of particular importance for Ukraine. After all, according to analysts at the independent anti-corruption centre NGL.media, since the beginning of the full-scale war, the Russian occupiers have completely destroyed more than 60,000 hectares (600 km²) of forests in the occupied territories, worth about UAH 14 billion.

This has dire consequences for the country’s environment. According to experts, the loss of forests in the steppe zone will have long-term consequences for biodiversity, water resources and climate regulation. This may result in:

  • lower groundwater levels;
  • loss of habitat for flora and fauna, leading to their extinction or reduction of species populations
  • deterioration of air quality;
  • increased risk of rivers and ponds drying up;
  • increased risk of fires, especially in conditions of high temperatures and lack of moisture.

What is the attitude to natural resource conservation abroad?

The conservation of natural forest resources is given considerable attention abroad, and measures to protect them are often stricter and more regulated than in Ukraine.

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Different countries use fines, licensing and regulation of forest resources to prevent their depletion and protect the ecosystem. In many European countries, such as Germany, Finland, Sweden, Norway, natural resources are regulated by law, and the collection of wild plants, mushrooms and berries is usually allowed, but with certain restrictions.

Germany has strict regulations on mushroom and berry picking.

There are restrictions on the amount that can be collected for personal use. Usually up to 1-2 kg per person. Collecting large volumes or commercial activities require special permits. Violation of the rules is punishable by fines that can reach several thousand euros.

In Finland, the concept of the ‘right to nature’ (commonly known as ‘everyone’s right’ – ed.) is in place, allowing people to freely pick mushrooms, berries and even pitch tents in forests without the need to obtain permission. However, there are strict rules to protect the flora and fauna, and violations, such as collecting rare plant species or using resources on a large scale, are punishable by fines or even imprisonment.

As in Finland, Sweden has an ‘Allemansrätten’ – the right of everyone to move freely through forests and collect natural resources. However, any activity that harms the ecosystem (for example, picking too many berries or mushrooms or cutting down trees) can be punished with fines. The amount of fines depends on the severity of the violation and can be quite significant.

In the US and Canada, control over natural forest resources is strictly regulated by federal and state laws. Vast natural parks have established rules for harvesting wild resources.

In the US national parks and reserves, it is forbidden to collect any natural resources without a permit. For example, in places such as Yellowstone or Sequoia, collecting mushrooms, berries or even dry branches can result in heavy fines of up to $5,000 or up to 6 months in jail. Commercial collection requires licences, which vary from state to state.

In Canada, protected areas are protected at the state level, and even collecting mushrooms or berries for personal use often requires permits. This is especially true in national parks and forests, where such actions are strictly regulated. Fines can reach several thousand Canadian dollars.

In countries such as Japan and China, protecting forest resources is also becoming a priority, especially given the rapid pace of urbanisation and forest depletion.

Japan has strict laws to protect its forest resources. Collecting rare species of plants or mushrooms without special permits is prohibited, and cutting down trees without a licence is severely punished. Fines for violations can reach several thousand US dollars, and in some cases criminal liability is also envisaged.

In China, forest resources are regulated to preserve biodiversity and prevent environmental disasters. Gathering mushrooms, berries or other resources on a large scale is prohibited without a licence, and violations can result in heavy fines or even imprisonment.

As we can see, in most countries of the world, the conservation of forest resources is a priority, and strict laws and fines have been introduced to protect them. The main purpose of these measures is to preserve the natural balance, prevent forest depletion and ensure the sustainability of ecosystems. In Ukraine, the introduction of such measures is an important step towards harmonising relations between humans and nature, as forest conservation is a shared responsibility for all countries of the world.

Thus, the price of nature is increasing not only because of environmental challenges, but also because of the new penalty system that is being implemented. Forests are our common wealth that needs to be protected, so the new draft law is designed to remind us all of our responsibility to the nature that provides our lives. Fines for picking mushrooms, berries and deforestation are not just a punishment, but a wake-up call that our forests are no longer sustainable. However, official environmental goals can be driven by both financial interests and a desire to control the use of natural resources by the government and business.

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