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

Lawyer in cases under Article 246 of the Criminal Code of Ukraine: illegal logging, transportation, storage or sale of timber

Article 246 of the Criminal Code of Ukraine (CCU) provides for liability for illegal logging or other illegal use of forest resources. In the context of the environmental crisis, martial law and economic pressure, the problem of illegal logging has become particularly relevant. Crimes related to forest resources are severely prosecuted by law enforcement agencies, and defendants often face gross procedural violations, making professional legal assistance critically important.

What is illegal logging under the Criminal Code of Ukraine?

According to Article 246 of the Criminal Code, logging or other actions involving trees, bushes or forest plantations are considered illegal if they are carried out:

• Without a special permit (logging ticket).
• Exceeding the limits of the permit or violating the conditions of logging.
• On land where forestry is prohibited by law.
• Causing significant damage to the environment.

In addition, from 2022, a second part has been added to Article 246, which provides for criminal liability for the transportation, storage or sale of illegally obtained timber. This means that even if a person did not carry out the felling but, for example, transported timber obtained by other illegal means, they are subject to criminal prosecution.

Types of penalties for illegal felling, transportation, storage or sale of timber

Sanctions include:

• Fines ranging from 1,000 to 1,500 non-taxable minimum incomes.
• Arrest for up to 6 months.
• Restriction of liberty for up to 3 years.
• Imprisonment for up to 5 years (if qualifying criteria are met).
• Up to 7 years of imprisonment — if the actions were committed by a group of persons acting in collusion or under martial law.

In what cases is legal assistance required?

Criminal proceedings under Article 246 of the Criminal Code may be initiated by the police, forest protection authorities or the Security Service of Ukraine. Reasons for contacting a lawyer may include:

1. You were detained while transporting timber or your vehicle was seized.
2. During an inspection, discrepancies were found in the timber documents.
3. Criminal proceedings have been initiated against you for illegal logging or storage of timber.
4. You are the owner of a sawmill or woodworking enterprise and are at risk of being involved in the case.
5. You are the injured party — a representative of a state or municipal forestry enterprise that has suffered losses.

The correct response in the first 48 hours after the delivery of a suspicion or search is critical to protecting your rights and preventing illegal sanctions.

What services does a lawyer provide in cases involving illegal logging, transportation, storage or sale of timber?

A professional lawyer has experience in environmental offences and understands the specifics of the evidence base in such cases. The main services include:

1. Consultations on the classification of actions, consequences and possible defence options.
2. Verification of the legality of investigators' actions during searches, interrogations and seizure of property.
3. Preparation of complaints against illegal actions by law enforcement officers (seizure of property without a court order, violation of interrogation rules, etc.).
4. Defence of the suspect at all stages: from arrest to sentencing.
5. Support in court during the trial.
6. Appeal against the decision to impose a preventive measure, house arrest or detention.
7. Business protection — formulating a legal position for companies accused of processing or selling illegal timber.
8. Returning equipment, vehicles, timber or funds seized during a search.

Each case is unique, and the lawyer selects a defence strategy taking into account all risks and evidence.

What does the court take into account when passing sentence?

Before making a decision, the court considers:

• The presence or absence of a logging permit.
• The volume of illegally harvested timber (in cubic metres).
• The types of trees (e.g. valuable species such as oak and ash).
• The damage caused to the environment and its extent according to the damage assessment methodology.
• The presence of conspiracy or group nature of the crime.
• Repetition of actions, in particular recidivism.
• The behaviour of the accused (sincere repentance, cooperation with the investigation, compensation for damages).

Even in the most difficult cases, it is possible to mitigate the punishment or obtain a suspended sentence.

How a lawyer helps to avoid mistakes in cases of forest crimes

In cases of illegal logging, transportation or sale of timber, problems most often arise due to ignorance of the law or procedural violations. A competent lawyer helps to 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.

Identification of errors in classification — ensuring that investigators do not misapply part of the article or confuse administrative and criminal liability.

Use of 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 legal representation in cases of illegal logging, transportation, storage or sale of timber?