Lawyer 246 CCU Illegal felling or illegal transportation, storage, sale of forest

Lawyer on Article 246 of the Criminal Code: illegal logging or illegal transportation, storage, sale of timber

The provisions of Article 246 of the Criminal Code of Ukraine provide for criminal liability for unauthorised logging of trees or other illegal actions involving forest resources. In the context of significant environmental pressure and increased state control, any manipulation of timber without the proper permits can have serious legal consequences. Defence in such cases requires a professional approach and knowledge of the specifics of environmental legislation.

What does Article 246 of the Criminal Code cover?

Article 246 of the Criminal Code covers a wide range of actions related to the illegal use of forest resources. These provisions form the basis for the criminal prosecution of persons who have violated the rules for the use of forests. Before understanding the consequences, it is necessary to clearly define which actions are considered a violation of the law. According to the norms of the Criminal Code of Ukraine, criminal liability is possible in the following cases:

• Logging without a logging permit.
• Failure to comply with the conditions specified in the logging permit.
• Logging in prohibited areas (e.g., nature conservation areas).
• Causing significant environmental damage as a result of illegal actions.

It should be noted that illegal activities involving timber are not limited to logging itself. In 2022, amendments were made that included criminal liability for the illegal transportation, storage or sale of timber. This means that even people who did not participate in the felling but transported or stored illegally harvested timber may also be involved in the case.

What is the punishment for illegal felling or illegal transportation, storage, or sale of timber?

Penalties for forest offences depend on the circumstances and scale of the crime. Depending on the circumstances of the crime, the law provides for the following penalties:

• A fine of between 1,000 and 1,500 non-taxable minimum incomes.
• Arrest for up to 6 months.
• Restriction of liberty for up to three years.
• Imprisonment for up to 5 years (under aggravating circumstances);
• Up to 7 years in prison — in the case of organised actions or crimes committed under martial law.

The type of punishment depends on the position of the parties in the case, the evidence gathered and the behaviour of the accused.

When should you contact a lawyer in a case of illegal logging or illegal transportation, storage, or sale of timber?

Delaying the involvement of a lawyer can significantly complicate your defence. A lawyer will help you develop a strategy that will reduce risks and protect your rights. In such cases, legal assistance is particularly relevant.

Legal assistance will be needed in the following situations:

1. Detention during the transportation of timber.
2. Seizure of a vehicle or timber without explanation.
3. Suspicion of storing or processing illegal timber.
4. Searches at the enterprise or at home.
5. Serving a notice of suspicion.
6. Summoning for questioning or serving a ruling on the selection of a preventive measure.

As practice shows, the sooner you contact a lawyer, the more chances you have to avoid serious legal consequences.

What does a lawyer do in such criminal cases?

A professional lawyer not only provides defence in court, but also comprehensive support at all stages. They act as an intermediary between the client and investigators, monitor compliance with rights and ensure legal security. Below are the main actions that a lawyer performs in such cases:

1. Detailed analysis of the qualifications of the prosecution.
2. Legal examination of the evidence base.
3. Participation in interrogations, searches, and court hearings.
4. Preparation of complaints about unlawful actions by law enforcement officers.
5. Representation of the interests of both the suspect and the injured party (for example, the forestry enterprise).
6. Appealing decisions restricting rights.
7. Working on the return of seized property.
8. Formulation of a defence strategy from the beginning to the court's decision.

Thanks to a comprehensive approach, the lawyer not only reduces risks but also creates conditions for a positive outcome of the case.

What does the court pay attention to when considering a case of illegal logging or illegal transportation, storage, or sale of timber?

When considering cases under Article 246 of the Criminal Code, the court is guided by both objective evidence and the behaviour of the accused. Qualifying characteristics and other details that affect the degree of guilt are also taken into account. Among the most important criteria are the following:

• Whether there was a permit for logging.
• What volumes of timber were seized.
• The value of the tree species.
• The extent of damage to the environment (based on official methodology).
• Whether the defendant acted in collusion.
• The presence of recidivism.
• The behaviour of the suspect (repentance, compensation for damages, cooperation with the investigation).

The assessment of all these factors determines the extent of liability and the severity of punishment.

How a lawyer helps avoid mistakes in forest crime cases

In cases involving illegal logging, transportation, or sale of timber, problems most often arise due to ignorance of the law or procedural violations. A competent lawyer helps prevent typical mistakes and strengthen the client's legal position:

Warning against rash confessions — suspects often sign statements under pressure. A lawyer will explain the consequences of every word.

Control of evidence — a lawyer ensures that material evidence is collected properly, otherwise it may be deemed inadmissible.

Identifying errors in classification — investigators sometimes misapply part of an article or confuse administrative and criminal liability.

Exercising the right to mitigation — the lawyer proves to the court that the client deserves exemption from liability or a minimum punishment.

Frequently asked questions about illegal logging or illegal transportation, storage, and sale of timber