Saturday07 December 2024
gipoteza.net

Jail time for storing firewood: why the new law targets farmers instead of illegal loggers.

The issue of widespread deforestation in Ukraine has been ongoing for a long time, and no legislation has effectively addressed it. Illegal loggers often collaborate with forestry enterprises, and the "certification" of firewood will not break this cycle. FOCUS has investigated how the government's new initiative will affect residents of Ukrainian villages.
Санкции за хранение дров: как новый закон навредит сельским жителям, а не черным лесорубам.

The authorities have prepared another innovation for Ukrainians — the purchase of legal firewood. Many residents in rural areas are facing fines and even imprisonment as a result. The Verkhovna Rada has adopted bill No. 9665, which increases the penalties for illegal storage of timber. If signed by the President of Ukraine, it will be necessary to prove the legal origin of firewood.

The following penalties are introduced for cutting and storing firewood without documentation:

  • for storing firewood valued at less than 30,000 hryvnias — administrative liability, with fines ranging from 510 to 1,020 hryvnias;
  • if the value of the firewood exceeds 30,000 hryvnias — a fine of 34,000 hryvnias or imprisonment for up to five years (in cases of significant damage);
  • destruction of trees and shrubs causing severe consequences — imprisonment for 7 to 10 years.

Legal origin of firewood can be confirmed by a receipt or invoice from the seller, a permit for harvesting firewood from local authorities, or documents for purchases made at official timber warehouses.

Bill No. 9665 is primarily aimed at combating illegal logging operations that are destroying forests daily, rather than harming the population, believes the main author of the bill, Deputy Head of the Verkhovna Rada Committee on Law Enforcement Issues Maksym Pavliuk.

Firewood is typically made from beech, oak, or pine, which grow in forests rather than private yards. Any forester can distinguish them from cherry or apple trees cut down on private property, he continued.

"Claims that ordinary people will be imprisoned for harvesting firewood on their own plots are examples of abuse. Proving the origin of the wood is not limited to documents. Neighboring explanations, a stump left from a tree in the yard, or family photos against the backdrop of a felled tree can serve as evidence. No one will hold a person accountable for storing wood from trees cut down on their private property," explains Pavliuk.

Criminal liability arises when storing more than 30 cubic meters of firewood. These volumes are quite large, considering that during a heating season lasting up to five months, an average of 10 cubic meters is used to heat a residential house. State authorities will also not be able to demand documents for firewood purchased before the law comes into effect. According to Pavliuk, all restrictions will take effect by the next heating season.

Law enforcement officials do not have the right to invade private property. Access to someone else's territory can only be obtained through a court decision. Police will also not be able to issue administrative fines on the spot for storing firewood, adds co-author of the initiative, MP from the "Servant of the People" party Yuriy Kamelychuk.

Worse than drugs and weapons: why harvesting firewood can lead to up to 7 years in prison

Lawyers state that life will become more complicated for rural residents, as firewood has become the primary heating source for many during winter. In fact, almost all of them buy and store firewood without official documentation. Poachers involved in large-scale illegal logging for sale will continue to evade prosecution.

According to the text of the bill, penalties for cutting and storing trees can lead to longer prison sentences than for possession of weapons, explosives, or drugs. The Ukrainian Criminal Code imposes penalties of 3 to 8 years of imprisonment for possession, transport, or shipment of narcotic substances and 3 to 7 years for possession and transfer of firearms or explosives.

An attorney notes the impossibility of obtaining documents for old felled trees on one's own property. Another paradox is that the punishment for stealing the same firewood will be less.

"Intentional violation of the law is punished less harshly than the desire of a law-abiding citizen to obtain warmth in winter. Firewood is collected not for building houses in Spain, buying yachts, land plots, or the latest iPhones. The goal of rural residents is to heat their families, and for this, they face 7 years in prison?" — poses the lawyer.

At the same time, law enforcement is well aware of the poachers who are logging in the Carpathians and other regions. In October 2024, the NGL.media project presented a report revealing that over the past 20 years, poachers have cleared 161 thousand hectares of forest in the Ukrainian part of the Carpathians. This accounts for nearly 10% of the total forest cover and is equivalent to the combined area of Kyiv, Kharkiv, Odesa, Lviv, Ivano-Frankivsk, and Ternopil. In Ukraine, up to 70% of large-scale logging occurs illegally.

"But if a rural resident is found with firewood, they become a criminal. Historical parallels can be drawn with the 'law on five ears of corn' (the law adopted on August 7, 1932, was a precursor to the Holodomor, punishing the theft of collective farm property, including ears of corn that survived the winter under snow, with execution on the spot and confiscation of property. Mitigating circumstances allowed for a 10-year sentence in camps. — Ed.)", — noted Kravets.

How will people in villages survive without firewood?

Inspectors will gain additional powers after the law comes into force. If they wish to fine individuals, they will simply demand documentation for the firewood, notes expert on housing and utility issues, tariffs, and municipal services Oleg Popenko.

Ukrainians may now be prohibited from collecting branches or tree trunks from roadsides for heating their homes. At any moment, law enforcement may arrive and request documentation for the firewood.

Popenko points out that the illegal sawmills selling firewood, which the bill 9665 targets, are owned by state forestry enterprises.

"Without permission from the forestry, you cannot set up a sawmill. Maybe we should not penalize people? Establish the operation of the program 'DrovaiЄ.' If you haven't provided people with firewood for winter, then at least do not punish them if they take care of themselves," concluded Popenko.

Let us remind you, the heating season has already begun in Ukraine. Experts predict that there will be enough gas in the country if the winter is relatively mild.