Analysis of the draft law:
Substance of the draft law
This draft law is aimed at the systemic reform of the administrative liability system in the field of waste management by introducing amendments to the Code of Ukraine on Administrative Offenses (CoUAO) and a number of specialized laws. The main substance of the document lies in the significant strengthening of financial liability for environmental offenses, the introduction of new elements of administrative offenses, and the harmonization of terminology with the framework Law of Ukraine “On Waste Management”. The draft law clearly delineates obligations and liability for the generation, accounting, transfer, and treatment of waste among citizens, business entities, and government authorities.
Structure of the draft law and main changes compared to the current legislation
The draft law has a comprehensive structure and provides for amendments to the CoUAO, the Forest and Land Codes of Ukraine, as well as the Laws of Ukraine “On Land Protection”, “On Waste Management”, “On Local State Administrations”, and “On Local Self-Government in Ukraine”. Compared to the current legislation, the structure and scope of liability change as follows:
- Large-scale increase in the amount of fines: Under almost all articles of the CoUAO concerning waste and land protection, the amounts of sanctions are increased on average by 10 to 100 times. For example, for violating waste management requirements (Art. 82 of the CoUAO), the fine for citizens increases from 20–80 to 100–300 tax-free minimum incomes of citizens (TFMIC), and for officials and entrepreneurs — from 50–100 to 800–1,000 TFMIC.
- Introduction of the qualifying features of “repetition” and “large-scale damage”: Most of the updated articles of the CoUAO (in particular, Articles 52, 72, 73, 82, 82-6, 82-12, 152) have been supplemented with new parts that provide for increased liability for acts committed repeatedly within a year or those that caused large-scale damage to the environment. At the same time, the note to Art. 52 of the CoUAO clearly defines the criterion for such “large-scale damage” as damage ranging from 50 to 100 TFMIC.
- New terminology: Instead of the Soviet concept of “waste handling”, the modern term “waste management” is introduced. The concepts of “utilization, neutralization, and disposal” are replaced by “treatment (recovery or disposal)”. In the Law “On Land Protection”, for the first time, a clear
… legislative definition of the term “land littering”.
- Article 82-9: Violation of the procedure for submitting or failure to submit a waste declaration.
- Article 82-10: Failure to take measures to eliminate unauthorized dumpsites and failure to keep records thereof.
- Article 82-11: Absence of a waste management plan.
- Article 82-12: Carrying out waste treatment operations without a special permit or in violation of its conditions.
Main provisions of the draft, most important for key audiences
For citizens
The most tangible change for ordinary citizens is a significant increase in penalties for household waste and environmental littering:
- For pollution, damage, or littering of land with waste (Art. 52), the fine for citizens will range from UAH 1,700 to UAH 5,100 (instead of the current UAH 340–1,360), and for repeated violations — up to UAH 15,300.
- Littering of forests with waste (Art. 73) will cost citizens from UAH 1,700 to UAH 5,100 (currently UAH 425–850).
- Violation of the rules for the improvement of settlements (Art. 152) will now be punishable by a fine ranging from UAH 1,700 to UAH 5,100 for citizens, and up to UAH 17,000 for officials or sole proprietors (for repeated offenses — up to UAH 15,300 and UAH 51,000, respectively).
For business (business entities and sole proprietors)
For entrepreneurs and legal entities, the draft bill establishes strict boundaries and significant financial risks:
- Transfer of waste: Article 82-5 establishes strict liability for the transfer of non-hazardous waste to entities without the appropriate permits, and of hazardous waste — without a treatment permit and the corresponding license. The fine for officials and sole proprietors will range from UAH 6,800 to UAH 17,000.
- Record-keeping and reporting: Fines for violating the procedure for keeping records of waste and failure to submit reporting (Art. 82-1) will incr
