Criminal Code -- sections pertaining to environmental crimes (unofficial English translation)

CRIMINAL CODE OF UKRAINE

(This Code enters into force on September 1, 2001)

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SPECIAL PART

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Chapter VIII. CRIMINAL OFFENSES AGAINST ENVIRONMENT

Article 236. Violation of environmental safety rules

Violation of regulations on environmental assessment or environmental safety during designing, location, construction, reconstruction, putting into operation, operation, and closure of industrial plants, facilities, mobile units and other objects, where it caused death of people, or environmental pollution of large areas, or other grave consequences, –

shall be punishable with imprisonment for a term of five to ten years with the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Article 237. Failure to eliminate consequences of environmental pollution

Failure to perform or improper performance of decontamination or other recreational measures related to elimination of consequences of environmental pollution by a person in discharge of his/her duties on areas contaminated by hazardous substances or exposed to radiation, where it caused death of people or any other grave consequences, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term, with the deprivation of the right to occupy certain positions or engage in certain activities for a term not exceeding three years.

Article 238. Concealment or misrepresentation of information on environmental status or disease incidence among the population

1. Concealment or misrepresentation, by an official, of information on environmental status, including the radiation situation which is related to pollution of land, water, air, food or food resources and adversely effects the health of people, flora and fauna, and also the disease incidence among the population in areas of increased environmental concern, –

shall be punishable by a fine up to 100 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or restraint of liberty for a term up to three years.

2. The same acts, if repeated, or committed in an area announced to be an emergency zone, or where they caused death of people or other grave consequences, –

shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term, with or without deprivation of the right to occupy certain positions or engage in certain activities for a term not exceeding three years.

Article 239. Contamination or deterioration of land

1. Contamination or deterioration of land by substances, waste or other materials hazardous to human life and health or the environment, as the result of violation of special rules, where these acts exposed human life and health or environment to danger, –

shall be punishable by a fine of 200 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same acts that caused death of people or massive spread of disease among them, or any other grave consequences, –

shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Article 240. Violation of rules related to the protection of mineral resources

1. Violation of prescribed rules related to the protection of mineral resources, where it exposed human life and health or environment to danger, and also unlawful mining of mineral resources, –

shall be punishable by a fine up to 50 tax-free minimum incomes, or restraint of liberty for a term up to two years.

2. The same acts committed on territories and sites of natural conservation, or repeated, or where they caused death of people or massive spread of disease among them, or any other grave consequences, –

shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term, with the forfeiture of illegally mined resources and mining equipment.

Article 241. Air pollution

1. Pollution or other change of natural characteristics of air by hazardous substances, waste or other material generated by industrial or other production, as a result of violation of special rules, where these acts exposed human life and health or environment to danger,

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for the same term.

2. The same acts that caused death of people or any other grave consequences, –

shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Article 242. Violation of rules related to water protection

1. Violation of rules related to the protection of water (water reservoirs), where it resulted in contamination of surface or underground water and water-bearing horizons, potable or curative water springs, or caused changes in their natural characteristics, or caused exhaustion of water springs and exposed human life and health or environment to danger, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or restraint of liberty for the same term.

2. The same acts that caused death of people or massive spread of disease among them, or mass destruction of flora and fauna, or any other grave consequences, –

shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.

Article 243. Marine pollution

1. Marine pollution within internal sea or territorial waters of Ukraine or within waters of the exclusive (marine) economic zone of Ukraine by materials or substances hazardous to human life and health, or by waste due to violation of special rules, where it exposed human life and health or sea life to danger, or could obstruct other lawful marine operations, and also unlawful discharge or burial of the said materials, substances or waste within internal sea or territorial waters of Ukraine or in the open sea,

shall be punishable by a fine of 300 to 800 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

2. The same acts that caused death of people or spread of disease among them, or mass destruction of flora and fauna, or any other grave consequences, –

shall be punishable by imprisonment for a term of two to five years with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

3. Failure of authorized officers of any water or air craft or any other facility or construction located in the sea to report information on prepared or completed emergency dumping of hazardous substances or mixtures that contain any such substances in excess of prescribed limits, or any other waste, and also inevitable damage caused thereby within internal sea or territorial waters of Ukraine or in the open sea, where it exposed human life and health or sea life to danger, or could cause damage to health resorts and rehabilitation zones or obstruct other lawful marine operations, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or restraint of liberty for a term up to three years.

Article 244. Violation of law on the continental shelf of Ukraine

1. Violation of law on the continental shelf of Ukraine, where it caused significant damage, and also failure of a person responsible for the operation of technological installations or other sources of risk in a safety zone to take measures for the protection of sea life against hazardous effect of waste or radiation and energy, where it exposed sea life or human life or health to danger, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for a term up to two years, with or without the forfeiture of all instruments utilized by the culprit to commit this offense.

2. Exploration, prospecting and mining of natural resources or any other operations on the continental shelf of Ukraine carried out by foreign nationals, unless they comply with an agreement concluded between Ukraine and a foreign country concerned, consent to the binding character of which was granted by the Verkhovna Rada (Parliament) of Ukraine, or by a special permit issued in a manner prescribed by law, –

shall be punishable by a fine of 50 to 100 tax-free minimum incomes, or arrest for a term up to six months, with the forfeiture of equipment.

Article 245. Destruction or impairment of forests

1. Destruction or impairment of forests, plantations of trees around populated areas, alongside railroads, or any other such plantation by fire or any other generally dangerous method, –

shall be punishable by restraint of liberty for a term of two to five years, or imprisonment for the same term.

2. The same actions that caused death of people, mass destruction of animals, or any other grave consequences, –

shall be punishable by imprisonment for a term of five to ten years.

Article 246. Illegal cutting of forests

Illegal cutting of trees and shrubs in forests, forest shelter-belts and other forest implantation, where it caused significant damage, and also any such acts committed in national parks or territories and sites of natural conservation, or in other specially protected forests,

shall be punishable by a fine of 50 of 100 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty for a term up to three years, or imprisonment for the same term, with the forfeiture of the proceeds of crime.

Article 247. Violation of law on plants protection

Violation of rules established with regard to fight against pests and plant diseases and other statutory requirements related to plants protection, where it caused any grave consequences, –

shall be punishable by a fine up to 100 tax-free minimum incomes, or restraint of liberty for a term up to two years.

Article 248. Illegal hunting

1. Violation of rules related to hunting, where it caused a substantial damage, and also illegal hunting in national parks or any territories and sites of natural conservation, or hunting for animals, birds or other species listed in the Red Book of Ukraine, –

shall be punishable by a fine up to 100 tax-free minimum incomes, or restraint of liberty for a term up to three years, with the forfeiture of the hunting tools and all proceeds.

2. The same acts committed by an official through abuse of office, or by a group of persons upon their prior conspiracy, or by a method that caused mass destruction of animals, birds, or any other species, or by use of vehicles, or by a person previously convicted of the offense created by this Article, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to five years, or imprisonment for the same term, with the forfeiture of hunting tools and proceeds.

Article 249. Illegal fishing or hunting or any other sea hunting industry

1. Illegal fishing or hunting or any other sea hunting industry that caused significant damage, –

shall be punishable by a fine up to 100 tax-free minimum incomes, or restraint of liberty for a term up to three years, with the forfeiture of tools and proceeds.

2. The same acts committed by way of mass destruction of fish, animals or other species, or by a person previously convicted of the offense created by this Article, –

shall be punishable with a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years, or imprisonment for the same term, with the forfeiture of tools and proceeds.

Article 250. Blasting in contravention of fishery conservation regulations

Conducting blasting operations in contravention of fish and water wildlife conservation regulations, –

shall be punishable by a fine up to 50 tax-free minimum incomes, or arrest for a term up to six months, or restraint of liberty of two to five years, or imprisonment for the term of three years.

Article 251. Violation of veterinary regulations

Violation of veterinary regulations that resulted in a spread of epizootic diseases or any other grave consequences, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or deprivation of the right to occupy certain positions or engage in certain activities for a term up to five years, or restraint of liberty for a term up to three years, or imprisonment for the same term.

Article 252. Willful destruction or impairment of territories protected by the State and sites of natural conservation

1. Willful destruction or impairment of territories protected by the State and sites of natural conservation, –

shall be punishable by a fine of 100 to 200 tax-free minimum incomes, or restraint of liberty for a term up to three years.

2. The same acts committed by setting fire or any other generally dangerous method, where they caused death of people or any other grave consequences, –

shall be punishable by imprisonment for a term of five to twelve years.

Article 253. Designing or operation of constructions without systems of environmental protection

1. Making and submitting designs or any other similar documentation to a customer by an official or authorized person without mandatory environmental protection installations, or putting such constructions into operation without such protective installations, where these actions created a risk of serious technological accidents or environmental disasters, destruction or mass spread of diseases among the population, or any other grave consequences, –

shall be punishable by deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years, or restraint of liberty for the same term.

2. The same actions that caused any of the consequences provided for in the first paragraph of this Article, –

shall be punishable by restraint of liberty for three to five years, or imprisonment for a term up to five years.

Article 254. Wasteful use of lands

Wasteful use of lands that caused a lasting depletion or loss of fertility, exclusion of such lands from the process of agricultural production, washout of humus soil, or deterioration of soil structure, –

shall be punishable by a fine up to 250 tax-free minimum incomes, or restraint of liberty for a term up to two years, or imprisonment of the same term, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

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