Did you know that punishment can be obtained not only for a crime, but also for a common, everyday action that was once considered safe or simply “unproblematic”? Ukrainian administrative law, unlike criminal law, does not always issue a ban directly and clearly, instead it often works through a complex system of references, by-laws and special rules. As a result, citizens often find out about a violation already when they have a protocol or notice of a fine in their hands. It is this non-obviousness that gives rise to the most questions. After all, if society talks about criminal offenses all the time – in schools, media, films, then administrative offenses are often left out of public attention.
Lawyers of the “Repeshko and Partners” Bar Association commented on what everyday habits can lead to a fine, told how the Code of Ukraine on Administrative Offenses (CUP) works, why its provisions are not always easy to interpret, and what norms have appeared in new realities. And, most importantly, what should be taken into account in order not to find yourself in a situation where an imperceptible action becomes a reason for punishment.
Some citizens do not even think about the extent to which their actions comply with the norms of current legislation. However, there is a rule in the legal field: ignorance of the law does not exempt from responsibility. That is why you need to be aware of what can be done without any consequences, and what can be punished. And if everyone is familiar with the norms of the Criminal Code and knows that you cannot steal, rape, beat and kill, then the norms of the Code of Ukraine on administrative offenses may come as a complete surprise to many. The fact is that the norms of the Code of Administrative Offenses of Ukraine do not contain many rules, but only refer to them. Therefore, sometimes, even after re-reading the article of the Code, people will not understand what exactly constitutes an offense.
To the forest for firewood
From childhood and fairy tales, we remember how grandfather went to the forest to collect firewood. However, some continue the old tradition even now. But according to the current legal norms, cutting/felling of trees refers to special forest use. In other words, it requires permission. Yes, according to p. 9 of the Resolution of the Plenum of the Supreme Court of Ukraine of December 10, 2004 No. 17 “On Judicial Practice in Cases of Crimes and Other Offenses Against the Environment” illegal felling is the felling of trees and shrubs, committed without the appropriate permit; from a permit issued in violation of current legislation; before the beginning or after the end of the terms established in the permit; not in the designated areas or in excess of the prescribed amount; not the species of trees specified in the decision; breeds, the cutting of which is prohibited.
To see a tree that is in the way, take dust and “do landscaping” at your own discretion – this practice still occurs in villages, the private sector and even among summer residents. However, cutting down a tree is not the same as cutting down a weed. Even on your own territory or along the road, even if the tree is dry or “will still fall”, such an action requires official permission. The legal basis for any felling is a logging ticket or a forest ticket issued by special authorities. The document clearly states the species, the number of trees and the specific area where felling is permitted. To go beyond these limits is to break the law. Even one arbitrarily cut branch in the wrong territory or without proper paper can result in a fine.
Depending on the situation, three articles of the Code of Criminal Procedure are responsible for this violation at once:
Article 65 – illegal felling, damage and destruction of forest crops and young trees. Illegal felling and damage to trees or shrubs; transportation, storage of illegally cut trees or shrubs; destruction or damage of forest crops, seedlings or saplings in forest nurseries and plantations, as well as young trees of natural origin and self-sowing on areas designated for reforestation – entail the imposition of a fine on citizens from thirty to sixty tax-free minimum incomes of citizens (510-1020 UAH). The same actions committed by a person who during the year was subject to an administrative fine for one of the violations provided for part one of this article – entails the imposition of a fine on citizens from sixty to ninety of the non-taxable minimum income of citizens (1020-1530 UAH).
Article 65-1 – destruction or damage of field protection forest strips and protective forest plantations. Destruction or damage of field protective forest strips, protective forest plantations along the banks of rivers, canals, around water bodies, hydrotechnical structures, on the right-of-way of highways, railways and other protective forest plantations – entails the imposition of a fine on citizens from thirty to forty-five tax-free minimum incomes of citizens (510-765 UAH).
Article 153 – destruction or damage of green spaces or other greening objects within the boundaries of settlements and outside them, which are not included in the forest fund. Destruction or damage to green spaces, individual trees, shrubs, lawns, flower gardens and other landscaping objects within the boundaries of settlements, failure to take measures to protect them, as well as arbitrary transfer to other places during the development of individual plots occupied by landscaping objects; damage to trees and shrubs outside settlements that are not included in the forest fund, or their illegal felling – entails the imposition of a fine on citizens from ten to thirty non-taxable minimum incomes of citizens (170-510 UAH).
It should be noted that often violators do not realize that they are dealing with an object that is under the protection of the law. And “minor pruning” without consent can legally be considered damage to greenery. That is why, before taking the dust in your hands, it is better to make sure that you have the right to it. Otherwise, instead of a clean plot, you will receive a resolution with a fine.
Shashlyk with protocol
A trip to nature with a barbecue seems like an innocent tradition, especially in spring and summer, when the forest smells like pine resin and the air smells like smoke. However, it is at this time that a fire-hazardous period is established in many regions of Ukraine, and certain actions on the territory of the forest fund may turn into administrative responsibility.
Note that if your region or community has officially declared a fire danger period, and the weather corresponds to fire danger class IV or higher, then there are special restrictions that are prescribed in the forest legislation and by-laws. Violation of them is not only dangerous for nature – it is punishable by fines.
Therefore, in the forest fund during the period of increased fire danger, it is strictly prohibited:
– light bonfires outside specially designated and equipped places. It is not only about open fire on the ground – even placing a barbecue, if the place is not officially equipped, is considered a violation. Exceptions are only for forestry works in specially designated areas.
The location of areas allowed for fire is indicated on information stands near the entrance to the forest or recreation area. If there is no such stand, only the complete rejection of fire is considered safe.
– drive vehicles into the territory of the forest fund, with the exception of transit roads. During the period of high fire danger, the presence of any vehicle (passenger cars, motorcycles, ATVs) on forest roads, meadows, forest edges is prohibited, unless it is forestry equipment or a vehicle involved in forest protection.
All this is spelled out in regulatory documents regulating the mode of forest use during the fire-hazardous period. And although many citizens are not aware of this specificity, responsibility arises regardless of whether you were familiar with the rules or not. At the same time, the typical arguments of violators – “we only had a barbecue”, “we did not smoke anything” or “we were standing not far from the road” – are not legal justifications. The fact of violation is recorded by forest protection inspectors, the police or rescuers and is formalized according to the norms of administrative law. Sometimes such a trip ends not with a picnic, but with a protocol and a fine.
In addition, it is strictly forbidden to smoke in the forest, to throw unextinguished matches, butts, to shake hot ashes from cradles, except in places equipped for this purpose. Those who want to cook some food on the fire should remember that it is forbidden to light a fire, use an open fire at a distance of less than 30 m from buildings and structures, and throw away unextinguished coal. For cooking on an open fire, it is allowed to reduce these distances to 5 m, provided that there is a specially equipped hearth and the place of use of the open fire is fenced off with non-combustible structures (screens) to the maximum height of the possible flame. It is forbidden to leave sources of open fire unattended.
We would also like to remind you that places for lighting bonfires must be kept clean up to the top layer of soil, bordered by a strip of cleaned soil at least 2.5 m wide and placed at a distance of at least 30 m from buildings and structures, 25 m from parking lots, 50 m from coniferous and 25 m from deciduous forest.
According to the Fire Safety Rules of Ukraine, it is forbidden to light bonfires:
- in nature conservation areas – such as nature reserves, national parks, sanctuaries, etc.;
- in forest and park zones;
- near water bodies – no closer than 30 meters from water;
- courtyards of residential buildings;
- on playgrounds;
- on the balconies.
In this case, 2 articles of the Code of Criminal Procedure are responsible for the punishment:
Article 152 – Violation of state standards, norms and rules in the field of improvement of settlements, rules of improvement of territories of settlements. Violation of state standards, norms and rules in the field of improvement of settlements, rules for improvement of the territories of settlements – entails the imposition of a fine on citizens from twenty to eighty tax-free minimum incomes of citizens (340-1360 UAH).
Article 77 – violation of fire safety requirements in forests. Violation of fire safety requirements in forests entails the imposition of a fine on citizens from ninety to two hundred and seventy non-taxable minimum incomes of citizens (1,530-4,590 UAH). Destruction or damage to the forest as a result of careless handling of fire, as well as violation of fire safety requirements in forests, which led to the occurrence of a forest fire or its spread over a large area, entail the imposition of a fine on citizens from two hundred seventy to nine hundred tax-free minimum incomes of citizens (4,590 – 15,300 UAH).
Therefore, before going out into nature, be sure to check the fire regime in your region, and refrain from spontaneous trips to the woods if the conditions do not allow. This is not a formality, but the prevention of real danger.
Burning leaves
In many villages and even in the suburbs, it is still considered quite normal to “clean the yard” in autumn or spring with the help of fire – to set fire to a pile of fallen leaves or dry grass and watch how everything “smolders beautifully”. This practice has not only environmental consequences, but also very specific legal ones, for which a fine is provided. The burning of vegetation and its remains — that is, stubble, meadows, pastures, forest strips, and even ordinary leaves on lawns or in parks — is regulated by Article 77-1 of the Code of Ukraine on Administrative Offenses. If such actions are carried out without observing the established order (and in practice permission is never given), this is considered a violation and is punishable by a fine of 180 to 360 of the non-taxable minimum income of citizens, i.e. from 3,060 to 6,120 hryvnias.
Also, the law separately states that responsibility arises when burning occurs on agricultural lands, and when it comes to green zones in cities, and even lanes along roads or railways. It is not only about damage to the environment – the smoke that rises into the air poses a threat to people’s health, causes a fire hazard, and in many cases leads to the departure of rescuers and the police.
Do not forget that the mere fact of setting fire to leaves can already be sufficient to record an offense, even if you “monitored” the process and “did not set fire to anything in the forest.” Complaints can come from neighbors, eyewitnesses or by calling the environmental inspection. Refusal to admit guilt does not cancel responsibility, but on the contrary, complicates the legal position. Therefore, the best option is to refrain from a habit that has long been outlawed.
An electric scooter becomes the basis for a fine
When it comes to driving while intoxicated, most people’s ideas are pretty standard: car, alcohol, driver over the limit. But the precedents of recent years prove that the law interprets the term “vehicle” much more broadly. One of the examples of this is the case that was recently covered by the Ukrainian media: a woman in a state of alcohol intoxication fell from an electric scooter in Kyiv and received a fine of 17,000 hryvnias. Is this situation legitimate from the point of view of current legislation? Traffic rules define a vehicle as a device intended for the transportation of people or cargo, as well as the equipment installed on it. That is why an electric scooter, as a means of transportation with an electric motor, fully falls under this definition.
It should be noted that Article 130 of the Code of Ukraine on Administrative Offenses provides for responsibility for driving vehicles while under the influence of alcohol, drugs or other intoxication, as well as for handing over control to a person who is in such a state, or for refusing to pass an inspection in the prescribed manner.
In particular, the article states:
“Driving vehicles by persons in a state of alcoholic, narcotic or other intoxication or under the influence of drugs that reduce their attention and speed of reaction, as well as handing over control of a vehicle to a person who is in a state of such intoxication or under the influence of such drugs, as well as the refusal of a person driving a vehicle to undergo an examination for the state of alcohol, narcotic or other intoxication or the use of drugs that reduce attention and speed of reaction”.
That is, the law formulates a violation due to the very fact of driving a vehicle while intoxicated – regardless of its type, if it is considered a source of increased danger. And this is exactly the conclusion enshrined in the decision of the Supreme Court dated 15.03.2023 in case No. 127/5920/22, where it is stated:
“Using an electric scooter or other similar vehicle (unicycle, segway, etc.) to move a person as a road user is a source of increased danger within the meaning of Article 1187 of the Civil Code of Ukraine, if in a specific case such vehicle was set in motion with the help of an electric motor installed on it. For the qualification of the activity related to such use of an electric scooter, the characteristic of the electric scooter as a mechanical vehicle, taking into account the power of the electric motor installed on it, is irrelevant.”
Jurisprudence on this issue is not yet established, but this resolution is the first where it is directly established: an electric scooter can be recognized as a vehicle for the purposes of qualifying an offense under Article 130 of the Code of Administrative Offenses. That is, even if you are not driving a car, but driving an electric vehicle while intoxicated, this can be considered a full-fledged administrative offense.
This position is a logical extension of the understanding of safety in the modern city: the faster and more massive the equipment that a person controls, the higher the risks for pedestrians and the person himself. And electric scooters, even household models, capable of developing speeds of up to 25–30 km/h, have weight, inertia, and in some cases — and the ability to injure when falling. Therefore, you should not consider an electric scooter a “toy”, behind the wheel of which everything is allowed. In case of violation of the rules, the responsibility is quite real, and the amount of the fine can be equal to that paid by car drivers.
Spring bouquet with protocol
“I will pick flowers and give a bouquet to my beloved” is a romantic impulse that becomes almost traditional in the spring, especially in the season of snowdrops or snowdrops. But if such flowers do not grow in a flower bed near the entrance, but in the forest or on the edge of the forest, the consequences of this gesture may not be poetic at all. You should know that plucking, selling, storing or digging up rare and endangered plants in Ukraine is not just a violation of ecological ethics, but a full-fledged administrative offense for which real fines are provided.
The most famous species under the protection of the law are snowdrops, white flowers, grouse, dream grass, cherry (also called bear onion), saffron, snowdrops and dozens of other primroses. But not only those listed in the Red Book of Ukraine are protected. There is also an official list of rare and endangered species, which is much broader and includes plants with conservation, scientific or even culinary value. That is why an “innocent bouquet” collected in the forest or on a lawn can become the basis for drawing up a protocol.
For such violations, two articles of the Code of Criminal Procedure are provided:
Article 88-1 of the Code of Administrative Offenses — Violation of the order of acquisition or sale of objects of plant life.
Violation of the order of purchase, sale or distribution of objects of plant life entails the imposition of a fine on citizens from thirty to one hundred tax-free minimum incomes of citizens (510 – 1,700 UAH) with or without confiscation of objects of plant life.
The same actions taken in relation to objects of the plant world, which were located within the territories and objects of the nature reserve fund, entered into the Red Book of Ukraine, or which are protected in accordance with international treaties of Ukraine, entail the imposition of a fine on citizens from one hundred to two hundred and fifteen tax-free minimum incomes of citizens (1,700 – 4,250 UAH) with the confiscation of objects of animal or plant life the world
Article 90 of the Code of Administrative Offenses — deterioration, destruction of habitat (growth) of rare plants. Destruction or damage to the growth environment of plants, the species of which are not listed in the Red Book of Ukraine, but are included in the lists of rare ones or those that have a special environmental or scientific value, or are in danger of extinction, entails the imposition of a fine on citizens from twenty to thirty non-taxable minimum income of citizens (340-510 UAH) with confiscation of illegally obtained.
Thus, even one plucked snowdrop or bunch of pine trees can cost more than a luxurious bouquet from a flower shop. Moreover, the liability arises not only for plucking, but also for transporting, selling, storing, digging or damaging the environment where the protected species grows.
That is why dandelions are the safest spring bouquet. They are not protected, are not listed as endangered and grow without restrictions. Everything else is potentially risky. It is better to photograph flowers than to pluck them, but if you want to pluck them, pluck them responsibly.
We remind you once again: law enforcement in the field of administrative offenses is often based not only on the text of the law, but also on numerous by-laws, instructions and local rules — from sanitary standards to decisions of local self-government bodies. Therefore, the offense may not arise due to malicious intent, but simply ignorance of the details.
If you carry out any activity in a public space or it concerns the residential and communal sphere, pets, noise, landscaping, use of electricity or water, it is better to check in advance if there are no additional requirements. This especially applies to residents of apartment buildings, entrepreneurs, drivers and owners of animals. And most importantly, in the case of drawing up an administrative protocol, do not refuse to sign, but state your position in writing, record the circumstances, request a copy of the document and seek legal advice.
