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

Illegal felling and Article 246 of the Criminal Code of Ukraine

Illegal logging — it is a serious crime that harms not only the environment, but also the country's economy. In Ukraine, this activity is regulated by Article 246 of the Criminal Code of Ukraine (Criminal Code of Ukraine), which provides for liability for illegal logging.

Definitions and basics

According to Art. 246 of the Code of Criminal Procedure, illegal logging means felling, transportation, storage or sale of timber, carried out without appropriate permits or in violation of legislation. This activity threatens the stability of forest ecosystems and biodiversity.

Legal aspects

Crimes described in 246 of the Criminal Code include not only the act of felling, but also subsequent illegal activities with wood. The legislation provides for different measures of punishment depending on the seriousness of the offense and the amount of damage caused.

Detailed analysis of Article 246 of the Criminal Code

Article 246 of the Criminal Code includes several parts, each of which defines different aspects of illegal activities with timber, including their transportation, storage and sale.

Article 246 of the Criminal Code and its application.

Article 246 of the Criminal Code describes the general provisions regarding illegal logging, but it is also important to pay attention to the illegal transportation of wood, which often occurs as a consequence of the original crime. Transportation without appropriate documents is also a violation and is subject to criminal liability.

Dissection of parts of the article

The article is divided into several parts: 246 h 1 of the Criminal Code focuses on cases that cause significant harm, while Article 246 h 2 of the Criminal Code considers more serious cases that may include organized criminal groups or large-scale violations .Understanding these parts is important for law enforcement agencies and human rights defenders because they determine the limits of liability and the imposition of penalties.

Assessment of damages from illegal logging under Article 246 of the Criminal Code

One ​​of the key aspects in Article 246 of the Criminal Code is the definition and assessment of significant damage caused by illegal logging.

• 1. Substantial damage 246 KKU means great damage to forest resources, which can have long-term ecological consequences. Substantial damage caused by illegal logging is considered an aggravating circumstance, which increases the severity of the punishment. The amount of damage is assessed not only in monetary terms. The amount of damage caused by illegal logging includes loss of biodiversity, damage to water and soil resources, as well as deterioration of air quality.
• 2. Illegal felling of the forest, where to turn? Persons facing the facts of illegal logging should know where to turn. In such cases, it is recommended to contact the local bodies of the environmental inspection, the police or the prosecutor's office. In addition, in Ukraine there is a system of KUPAP (Code of Ukraine on Administrative Offenses), which also deals with issues of forest violations. Illegal felling of the forest KUPAP provides for administrative liability for smaller-scale violations.

Preventing and responding to illegal logging requires coordinated efforts by government agencies and the public:

• 1. Monitoring and control. Effective monitoring of forest areas is necessary to combat illegal logging. State authorities should use modern technologies, such as satellite surveillance and drones, to track changes in forest areas and promptly respond to violations.
• 2. Legal measures. In case of detection of illegal logging, it is necessary to immediately contact the police or local authorities. Existing legislation, including Article 246 of the Criminal Code of Ukraine, provides for serious fines and criminal liability for those who commit or facilitate illegal logging.
• 3. Public participation. Public awareness and participation in forest conservation can go a long way in preventing illegal logging. Information campaigns and educational programs can strengthen public support and help in the detection and prevention of such crimes.