Responsibility for protective structures and knowledge of English for civil servants: lawyers comment on new legislative changes

The latest changes in legislation always arouse public interest, because they affect various aspects of life — from the rights and obligations of citizens during mobilization to the functioning of business and state institutions. Legislative initiatives aimed at improving the system of civil protection and increasing the professionalism of officials aroused considerable interest among both specialists and citizens. The changes affected two important areas at once. First, it is the introduction of strict standards of control over the condition of protective structures and responsibility for their improper maintenance. Secondly, the establishment of a mandatory requirement for knowledge of the English language for a wide range of government positions, which is aimed at improving the quality of management and international interaction.

Lawyers of the “Repeshko and Partners” Bar Association commented on the relevant aspects of the new legislation, which will help to understand how the new legal norms will affect the everyday life of Ukrainians.

The Constitution of Ukraine defines that a person, his life and health are the highest social value. The rights of citizens established by the Constitution of Ukraine are norms of direct effect. It is up to the state to create conditions for the full and comprehensive realization of these rights. In the absence of relevant legal norms, by which the rights of citizens are realized accordingly, there will be a massive gross violation of constitutional human rights. Prevention of violation of the constitutional rights and freedoms of a person and citizen, prevention of threats to human life and health is one of the main tasks of the state.

The war in Ukraine has been going on for three years. At the same time, the provision of civil defense, man-made and fire safety, as components of the national security of Ukraine, is one of the main functions of the state to protect people’s lives and health during hostilities (in a special period) and in peacetime. However, according to the Office of the UN High Commissioner for Human Rights, missile attacks and drone strikes in Ukraine have already killed almost 9,000 civilians and injured almost 15,000 people. At the same time, there are many cases when, despite the wide publicity and constant inspections reported by officials, the issue of the availability of shelters, their availability and proper condition is still very relevant and very important.

In order to somehow calm the situation in 2024, the Ministry of Strategic Industries of Ukraine launched Telegram chatbot for complaints about closed shelters. It is called Open Shelter Bot. The reason for its creation was citizens’ complaints about closed doors in storage facilities during massive rocket attacks. That is why the said department decided to create a single space for collecting appeals. To respond to egregious cases and ask for it from the responsible persons. Everything works very simply – you fill out the bot and within 1 minute in Telegram, the ministry receives a notification, which immediately starts work.

However, since the middle of 2023, the draft law was waiting for its time in the Verkhovna Rada of Ukraine, which finally became a law on January 9, 2025. The Law of Ukraine “On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on the Introduction of Liability for Violation of Requirements for the Maintenance and Operation of Objects of the Fund of Civil Defense Protective Structures” entered into force, which introduces specific mechanisms for monitoring the condition of protective structures and establishes responsibility for violating the requirements for their maintenance.

The changes provide for a new Article 175³ of the Code of Ukraine on Administrative Offenses, which establishes responsibility for improper maintenance of protective structures. According to this article, a violation of the legal requirements for the maintenance and operation of civil defense facilities entails the imposition of a fine in the amount of 200 to 500 non-taxable minimum incomes of citizens, which in monetary terms is from 3,400 to 8,500 hryvnias. In case of repeated violation, the fine increases to 500–1,000 tax-free minimums, or from 8,500 to 17,000 hryvnias.

Article 185¹⁴ of the Code of Ukraine on Administrative Offenses was additionally amended, which now covers cases of creating obstacles in the activities of officials authorized to implement state policy in the field of civil protection. Such actions, for example, obstructing inspections or blocking access to objects of protective structures, are punishable by a fine in the amount of 400 to 800 tax-free minimum incomes of citizens, that is, from 6,800 to 13,600 hryvnias. If the violation is repeated within a year, the fine increases to 500–1,000 tax-free minimums, or from 8,500 to 17,000 hryvnias. At the same time, the State Service of Ukraine for Emergency Situations (SES) is entrusted with the consideration of cases of violation of the new norms of the law. It receives expanded powers in the field of monitoring the state of protective structures, including conducting inspections and applying sanctions to violators.

One of the key innovations concerns the Criminal Code of Ukraine, which was supplemented by Article 270². From now on, violations of the legal norms regarding the maintenance and operation of objects of the fund of protective structures of civil defense, which lead to the death of people or other serious consequences, are punishable by imprisonment for a term of three to eight years. This law, which takes effect from the day following its official publication, aims not only to increase responsibility, but also to encourage the proper maintenance of protective structures, which are important elements of safety in case of emergency situations.

At the same time, the importance of vigilance is emphasized to citizens. In cases where shelters remain closed during an air raid or are in a condition that prevents them from being used for their intended purpose, we advise you to contact the police immediately.

At the same time, there is another piece of news that is relevant both to those who work in public service and to those who intend to hold public positions in the future. At its meeting on December 24, 2024, the Cabinet of Ministers of Ukraine adopted an important decision that is directly related to persons working in the public service or those who plan to hold public positions in the future. In accordance with this decision, a list of positions for which candidates are required to speak English was approved. This innovation is a logical continuation of the implementation of the provisions of the Law of Ukraine “On the Use of the English Language in Ukraine”, adopted on June 4, 2024.

The law sets clear requirements for the level of English language proficiency for applicants for public positions, in particular categories such as civil service categories “A”, “B” and “B”. The requirement also applies to the heads of local state administrations, their deputies, military personnel of officer, sergeant, and senior ranks serving under a contract. In addition, knowledge of English is mandatory for middle and senior police officers, senior staff of other law enforcement agencies, officials of the civil protection service, prosecutors, as well as for employees of customs and tax authorities.

The innovation also applies to heads of state-owned enterprises, scientific institutions, institutions of higher education, as well as members of executive bodies, supervisory boards and other officials of enterprises in which the share of state ownership exceeds 50%. The requirement to speak English or another foreign language may also be imposed on persons applying for positions in local self-government bodies, if their duties involve the performance of international cooperation functions.

As you can see, this list of legal innovations is very extensive, now the requirement for knowledge of the English language covers not only the highest levels of state administration, but also numerous positions in law enforcement agencies, the civil defense service and other state institutions.

The example of the National Police shows how detailed these requirements have become. Knowledge of English is now necessary for chiefs, their deputies and the first deputy, as well as for heads of departments, departments, sectors and even inspectors of units of international police cooperation. A similar situation has developed in the State Bureau of Investigation and the National Anti-Corruption Bureau, where the requirements apply to managers and detectives, including specialists in digital forensics and investigations in the field of financial crimes.

The State Emergency Service also received a clearly defined list of positions for which knowledge of English is mandatory. This applies to the heads of departments, offices, departments, centers, detachments and services. In addition, positions such as legal counsel, psychologists, operatives on duty and even dispatchers are now subject to this requirement. All these changes are dictated by the desire to integrate Ukraine into the world community, make the work of state institutions more open to international cooperation, and raise the professional level of Ukrainian officials.

However, the scale of these innovations causes certain discussions. The list of positions is so large that it seems that knowledge of the English language may not be necessary except for workers in the lowest positions, such as cleaners. But even in this case, the requirements will probably depend on the specifics of the institution and its international cooperation.

The adoption of this resolution is part of a major reform aimed at increasing the level of professionalism of civil servants and ensuring Ukraine’s compliance with international standards. Knowledge of the English language opens opportunities for access to global practices, participation in international programs and attraction of foreign investments.

The conclusion from this situation is obvious: English is not just an advantage, but an important condition for career development in the public sector. Therefore, everyone who dreams of a promising position should make learning English one of their priorities today. This applies not only to current officials, but also to those who plan to become part of the civil service in the future. Take care of your future and the future of your children in advance, because knowledge of the English language is now the key to success in today’s globalized world.