Stricter penalties planned for littering in lakes and rivers: fines to increase from 51 UAH to 17,000 UAH
Legislative changes are being considered in Ukraine to significantly strengthen responsibility for pollution and littering of water bodies, violations of water resource use rules, illegal activities in water protection zones, and concealment of water use data.
At the same time, before adopting the bills, they need to be refined to align with the new requirements of European Union legislation regarding criminal-legal environmental protection and to clearly distinguish between administrative and criminal liability for environmental offenses.
The Verkhovna Rada Committee on Ukraine's Integration into the EU reviewed draft law No.15096 "On Amendments to the Code of Ukraine on Administrative Offenses to Strengthen Responsibility in the Field of Water Protection and Rational Use and Reproduction of Water Resources" and the alternative draft law No. 15096-1.
According to the conclusion, both legislative initiatives do not contradict Ukraine's international legal obligations in the field of European integration and EU law. However, the documents require further refinement.
In particular, due to the proposed strengthening of liability for environmental damage, the Committee emphasized the need for a clear distinction between administrative and criminal liability for certain offenses. Additionally, the bills must be brought into compliance with Directive (EU) 2024/1203 of the European Parliament and Council dated April 11, 2024, on criminal-legal environmental protection, which replaced Directives 2008/99/EC and 2009/123/EC.
What changes are envisaged by draft laws No. 15096 and No. 15096-1
The Verkhovna Rada initiated a significant increase in responsibility for business entities, including developers and entrepreneurs, who allow pollution of Ukrainian water bodies.
Despite the rather formal titles of the documents, their content directly concerns businesses whose activities may negatively affect the condition of water resources.
The initiative aims to strengthen liability for violations of water resource use rules, particularly for dumping waste into water bodies that some business entities use as sites for disposal of industrial or construction waste.
Why is it proposed to change liability
The authors of the legislative initiatives note that current fines for violations of water legislation — from 51 UAH to 136 UAH for citizens — have long lost their preventive effect. Such sanctions do not correspond to current economic conditions, do not encourage compliance with environmental requirements, and often lead to businesses finding it cheaper to pay fines than to invest in treatment facilities.
Currently, liability for violations in the field of water resource use is regulated by the Code of Ukraine on Administrative Offenses, the Water Code of Ukraine, and criminal legislation. At the same time, the existing system of sanctions, according to the bill authors, does not correspond to the real scale of environmental damage.
What fines and new violations are proposed
Two versions of the document have been registered in parliament: the government draft law No. 15096 and the alternative draft law No. 15096-1.
The essence of the bills lies not only in a multiple increase in fines but also in expanding the list of offenses according to Article 110 of the Water Code of Ukraine.
In particular, it is proposed for the first time to establish administrative liability for the destruction of riverbeds and streams or disruption of natural flow during the construction and operation of roads, railways, and engineering communications.
It is also proposed to clarify Article 59 of the Code of Ukraine on Administrative Offenses by providing liability not only for pollution but also separately for littering of water bodies. For officials, the maximum fine for such violations is proposed to be set at 3,400 hryvnias.
Strengthening liability for violations in water protection zones
A separate block of changes concerns water protection zones and water fund lands.
Amendments are proposed to Article 60 of the Code of Ukraine on Administrative Offenses to allow liability not only for illegal restriction of citizens' access to water body shores but also for violations of the regime of economic activity in water protection zones and on water fund lands.
For such violations, fines are proposed for citizens ranging from 3,400 to 6,800 UAH, and for officials — from 6,800 to 11,900 UAH.
Repeated violations within a year may cost an official up to 17,000 UAH.
Expanding liability for violations of economic activity regimes in water protection zones is intended to provide law enforcement agencies and environmental inspectors with additional tools to combat illegal construction, car washes, warehouses, and other facilities operating in close proximity to water bodies in violation of the law.
Liability for concealing water use data
The bills also provide for administrative liability for distortion or submission of false information in state statistical reporting on water use.
Officials who conceal actual volumes of water intake or discharge or submit false data will also face fines.
At the same time, the government version of the bill provides for stricter sanctions. The Cabinet of Ministers proposes fines for pollution and littering of water for citizens ranging from 1,700 to 3,400 UAH, and for officials — from 3,400 to 5,100 UAH.
In addition, violations of special water use permit conditions or submission of false data to state statistical reporting on water use are proposed to be punished by fines from 3,400 to 5,100 UAH for officials.
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