Zelenskyi signs a law to increase liability for illegal mining

The law defines uncontrolled mining as a criminal offense

The President of Ukraine Volodymyr Zelenskyi has signed a law increasing liability for illegal mining of minerals in Ukraine, according to a message posted on the website of the Head of State.

On 15 July 2021, the Verkhovna Rada adopted the Law of Ukraine “On Amending Certain Laws of Ukraine Regarding Increased Liability for Illegal Mining of Minerals” (No. 1685-ІХ).

The authorities explain the need for the adoption of the Law by the fact that uncontrolled mining of minerals, including sand, causes significant damage to the environment, accelerates road deterioration and creates dangerous sand pits.

“Incidents of uncontrolled mining of local minerals are reported almost throughout the entire territory of Ukraine. However, a special permit for subsoil use is needed for this type of activity,” reads the message.

The Law No. 1685-ІХ defines uncontrolled mining as criminal offense punishable with the following fines:

• in the event of violation of the subsoil protection legislation, which endangers the human life or health or the environment, illegal mining shall be punishable with a fine of 500 to 800 non-taxable minimum incomes or restriction of liberty/imprisonment for a term of up to two years,
• if the value of illegally mined minerals exceeds 100 or more non-taxable minimum incomes or in the event of illegal mining of minerals of national importance, illegal mining shall be punishable with a fine of 3,000 to 5,000 non-taxable minimum incomes, or restriction of liberty or imprisonment for a term of up to three years,
• if these actions are committed by an organized group or in a dangerous manner resulting in human death or other grave consequences, illegal mining shall be punishable with imprisonment for a term of five to eight years,
• pursuant to the Code of Administrative Offences of Ukraine, unauthorized use of subsoil and transactions that directly or indirectly violate subsoil ownership shall be punishable with a fine of 100 to 200 non-taxable minimum incomes to be imposed on citizens and of 200 to 500 non-taxable minimum incomes to be imposed on officials.

The Law comes into force on the day following the day of its publication.

In 2021, for the purpose of qualifying administrative or criminal offenses, non-taxable minimum income means the amount of ₴1,135.

As reported earlier, the National Security and Defense Council of Ukraine announced the strengthening of control over the issuance of licenses for mining of minerals.