Fireworks during martial law: when a fine of up to 34 thousand hryvnias and imprisonment threaten

Although fireworks and pyrotechnics are most often associated with New Year's celebrations, cases of their use also occur in summer. For example, on the evening of June 1 in Odesa, unknown persons launched fireworks, which caused outrage among local residents and attracted the attention of law enforcement. Similar incidents are regularly recorded in other regions of Ukraine.

In the conditions of a full-scale war, the use of pyrotechnic products is not only a sign of disrespect to society but also a violation of the law. The sounds of explosions can cause panic, disorientation among the population, and psychological trauma to military personnel, veterans, children, and people who have experienced shelling.

What liability is provided for launching fireworks and pyrotechnics during martial law — explains "Judicial and Legal Newspaper".

Why the use of pyrotechnics is prohibited

In Ukraine, Law No. 3039-IX is in effect, which significantly restricts the circulation and use of pyrotechnic products. During martial law, the use of most fireworks, salutes, and firecrackers is prohibited, except for certain special means intended for defense forces or industrial use.

Moreover, in most regions and communities, decisions of military administrations and local self-government bodies directly prohibit the use of pyrotechnic products during martial law.

What fines may be imposed

Depending on the circumstances of the event, law enforcement officers may draw up a protocol under several articles of the Code of Ukraine on Administrative Offenses.

Most often applied are:

• Article 182 of the Code of Ukraine on Administrative Offenses — violation of silence in settlements and public places. The sanction provides:
  • for citizens — a fine from 85 to 255 UAH;
  • for officials and business entities — from 255 to 510 UAH.
    For repeated violation within a year:
  • for citizens — from 255 to 510 UAH;
  • for officials — from 850 to 2550 UAH.
• Article 195-6 of the Code of Ukraine on Administrative Offenses — violation of the order of production, storage, transportation, trade, and use of pyrotechnic means. A fine from 595 to 1020 UAH (from 35 to 60 non-taxable minimum incomes of citizens) is provided, with possible confiscation of pyrotechnic products.

If a person illegally sells pyrotechnics without proper permits, liability under Article 164 of the Code of Ukraine on Administrative Offenses may arise — a fine from 17,000 to 34,000 UAH with confiscation of products and funds received from their sale.

When criminal liability arises

If the use of pyrotechnics is accompanied by gross violation of public order, special audacity, or exceptional cynicism, the actions may be qualified as hooliganism under Article 296 of the Criminal Code of Ukraine.

The sanctions of this article provide for:

• a fine from 17,000 to 34,000 UAH;
• probation supervision;
• restriction of liberty for up to 5 years.

If hooliganism is committed by a group of persons, the punishment is more severe:

• restriction of liberty for up to 5 years or
• imprisonment for up to 4 years.

Depending on the specific circumstances of the event, the presence of victims, damaged property, or other consequences, qualification under other articles of the Criminal Code is possible.

Liability of children and parents

From the age of 16, children bear administrative and criminal liability on par with adults. For hooliganism, responsibility can be imposed from the age of 14.

In other cases, responsibility for children's actions lies with the parents.

What to do if you witness a violation

Law enforcement officers urge citizens not to use pyrotechnic products during martial law and to report such facts by calling 102, as even a single launch of fireworks can cause panic, distract emergency services, and create additional danger for people.

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