Fines up to 17,000 UAH or criminal liability: when cutting down trees is punished

Cutting down trees on a land share in Ukraine is not always allowed: on a private agricultural plot, the owner can cut down trees without a special permit, but in forest areas, protective plantations, along roads, within settlements, and on state or communal lands, such actions require approvals or are prohibited and may entail administrative or criminal liability.

The current edition of the Land Code of Ukraine (Article 91) grants owners of land shares certain rights regarding the use of the land plot. At the same time, all forests in Ukraine belong to the forest fund and are under state protection. Therefore, cutting down trees in forest areas, along highways, on reserve or spare lands of village councils without obtaining a special permit is prohibited.

To cut down trees growing outside settlements, it is necessary to obtain a permit from the district state administration, and within settlements – from the relevant local council. At the same time, if trees are located on a land plot that is privately owned (land share), they can be cut down without obtaining a special permit, since such lands are intended for agricultural production.

It is also worth considering that the legislation provides for the obligation of landowners to properly care for the land. If a land share becomes overgrown with trees and shrubs due to neglect, this may be regarded as a violation of the requirements for rational land use.

For intentional destruction or damage to trees or shrubs in settlements, if such actions cause significant harm, a fine for citizens ranging from 8,500 UAH to 17,000 UAH or corrective labor for up to two years is provided. The court may also impose restriction of liberty or imprisonment for up to three years.

Significant harm is considered to be that which exceeds the non-taxable minimum income of citizens by twenty times or more.

According to Article 65 of the Code of Ukraine on Administrative Offenses, illegal cutting and sale of trees entails a fine for citizens from 510 UAH to 1,700 UAH with confiscation of illegally obtained plantations, and for officials – from 2,550 UAH to 5,100 UAH with confiscation. If the offense is committed by a person aged 16 to 18, the fine is collected from the parents or guardians (Article 307 of the Code of Ukraine on Administrative Offenses).

According to Article 65¹ of the Code of Ukraine on Administrative Offenses, destruction or damage to protective forest belts, protective forest plantations along riverbanks, canals, around water bodies, hydraulic structures, in road right-of-ways, railways, and other protective plantations entails a fine for citizens from 510 to 765 UAH, and for officials – from 1,020 UAH to 1,530 UAH.

In addition to administrative liability, offenders may also bear criminal liability if significant harm is caused.

Thus, according to Article 246 of the Criminal Code of Ukraine, illegal cutting of trees or shrubs in forests, protective and other forest plantations, as well as transportation, storage, or sale of illegally cut trees or shrubs entails fines from 17,000 UAH to 34,000 UAH or imprisonment for up to three years, and in case of severe consequences – up to seven years.

As previously reported by Judicial and Legal Newspaper, the Economic Court of Ternopil region considered a lawsuit by the regional prosecutor's office regarding compensation for damage caused by illegal tree cutting in the "Ozeryansky" reserve. In support of the claims, the prosecutor stated that the defendant violated the legislation on forest protection, defense, and use in forest management, namely, illegal cutting of 32 trees of various species by unidentified persons – 30 hornbeam trees and 2 oak trees, of which 12 were dry standing. As a result, damage to the state's interests amounted to 751,239.04 UAH.

In case No. 921/491/25, the court established that the forest area where illegal tree cutting took place was under the defendant's responsibility, and the defendant failed to properly fulfill the duty of tree protection. The defendant, as a permanent forest user, did not fulfill the obligations imposed on him, in particular, to ensure the protection and preservation of forests in the territory under his jurisdiction, which is within the general zoological reserve "Ozeryansky," causing material damage to the forest fund of Ukraine, which is under state protection.