the-government-proposes-to-increase-fines-for-violations-in-the-field-of-water-use

The government proposes to increase fines for violations in the field of water use

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The Cabinet of Ministers has approved a draft law providing for increased administrative liability for violations in the field of protection and use of water resources.

This is reported by UNN with reference to Taras Melnychuk's Telegram channel. 

Details

It is about the approval of the draft Law "On Amendments to the Code of Ukraine on Administrative Offenses in order to strengthen responsibility in the field of protection and rational use of water and reproduction of water resources."

The draft law proposes to increase the amount of fines for offenses under Articles 48, 59, 59-1, 60, 61 and 77-1 of the Code of Ukraine on Administrative Offenses. These include violations of legislation on water protection, its rational use and resource recovery.

Currently, the tax-free minimum income of citizens (nmdg) for the purposes of administrative liability in Ukraine is UAH 17 (according to the Tax Code of Ukraine and the practice of applying the Code of Administrative Offenses).

So, let's list the fines provided for in draft Law No. 2476 in hryvnias:

Article 48 – Unauthorized water use

  • citizens: from UAH 1,700 to UAH 3,400;
    • officials: from UAH 3,400 to UAH 5,100.

      Article 59 – Violation of water protection rules

      • citizens: from UAH 1,700 to UAH 3,400;
        • officials: from UAH 3,400 to UAH 5,100.

          Article 59-1 – Pollution of marine waters

          • citizens: from UAH 3,400 to UAH 5,100;
            • officials: from UAH 1,700 to UAH 3,400.

              Repeated violations by officials: up to UAH 5,100.

              Article 60 – Violation of the rules of special water use

              • citizens
                1. ordinary violation: UAH 1,700 – UAH 3,400;
                  1. restriction of access to water bodies: UAH 3,400 – UAH 6,800;
                    1. repeatedly during the year: UAH 6,800 – UAH 11,900;
                      • officials
                        1. ordinary violation: UAH 3,400 – UAH 5,100;
                          1. restriction of access to water bodies: UAH 6,800 – UAH 11,900;
                            1. repeatedly during the year: UAH 11,900 – UAH 17,000.

                              Article 61 – Damage to hydraulic structures 

                              • citizens: UAH 1,700 – UAH 3,400;
                                • officials: UAH 3,400 – UAH 5,100.

                                  Article 77-1 – Burning vegetation in water protection zones

                                  • citizens: UAH 3,060 – UAH 6,120;
                                    • officials: UAH 15,300 – UAH 21,420.

                                       In nature reserves

                                      Citizens: UAH 6,120 – UAH 12,240

                                      These amounts indicate a significant increase in fines compared to the current norms, which were often limited to several hundred hryvnias.

                                      The draft law aims to increase the effectiveness of state control in the field of water use. 

                                      Additionally

                                      It is also planned to supplement the Code with new components of offenses that are currently defined in Article 110 of the Water Code of Ukraine. In particular: 

                                      • failure to comply with the terms of permits or violation of the rules of special water use;
                                        • destruction of natural riverbeds, streams and watercourses, as well as interference with natural surface runoff during the construction of highways, railways and other engineering facilities;
                                          • violation of the rules of conducting economic activities within water protection zones and on water fund lands;
                                            • distortion or entry of false data into state statistical reporting in the field of water resources accounting.

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