Draft Law on Amendments to the Code of Ukraine on Administrative Offenses in Connection with the Adoption of the Law of Ukraine “On Wastewater Disposal and Wastewater Treatment”

Analysis of the draft law:

Analysis of the Draft Law on Amendments to the Code of Ukraine on Administrative Offenses

Essence of the draft law: The draft law introduces amendments to the Code of Ukraine on Administrative Offenses (CUAAO) in connection with the adoption of the Law of Ukraine “On Wastewater Disposal and Wastewater Treatment.” The amendments concern strengthening liability for violations in the field of wastewater disposal, in particular, for damage to relevant facilities, violation of their operation rules, primary accounting of wastewater, and in general, violation of legislation in this area. It also expands the list of bodies authorized to consider cases of such administrative offenses.
Structure of the draft law:

1. Article 1: Amendments to the CUAAO. It contains 6 clauses that introduce specific changes to Articles 61, 82⁷, 154¹, 221, 242¹ and 255 of the CUAAO.
2. Article 2: On the entry into force of the law.

Main provisions and changes:

• Article 61 of the CUAAO (in the new wording): Expands the scope of the article, covering damage to centralized wastewater disposal facilities and systems and violation of their operating rules, as well as established operating modes. The amount of fines remains unchanged.
• Article 82⁷ of the CUAAO (new): Establishes liability for violation of the rules of primary accounting of wastewater, volumes of generation, treatment, storage and reuse of wastewater sludge. The fine for officials is from 100 to 200 non-taxable minimumtheir minimum subsistence levels.
  * **Article 154¹ of the Code of Administrative Offenses (new):** Establishes general liability for violations of legislation in the field of wastewater disposal. The amount of fines is from 50 to 100 non-taxable minimum incomes of citizens for citizens and from 100 to 200 non-taxable minimum incomes of citizens for officials.
  * **Article 221 of the Code of Administrative Offenses:** Expands the competence of judges of local courts to consider cases of administrative offenses, adding Articles 61 and 82⁷, 154¹.
  * **Article 242¹ of the Code of Administrative Offenses:** Amends the list of officials who have the right to draw up protocols on administrative offenses in the field of housing and communal services, including offenses under Article 154¹.
  * **Article 255 of the Code of Administrative Offenses:** Expands the list of officials authorized to draw up protocols on administrative offenses, adding Articles 61, 82⁷ and 154¹.

  **Key provisions relevant to different groups:**

  * **For legislators:** The Law brings the Code of Administrative Offenses into compliance with the new Law on Wastewater Disposal and Treatment.
  * **For experts:** Attention should be paid to the clarity of the definition of violations and the criteria for their qualification.
  * **For business (wastewater disposal companies and others):** Liability for violations in the field of wastewater disposal is increased, which may lead to an increase in penalties. It is important to ensure proper accounting of wastewater and compliance with the rules of operation of wastewater disposal systems.
  * **For citizens:** Increased fines for violations in the field of wastewater disposal.

  Analysis of the explanatory note:

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