The law introducing changes to legislative acts governing preservations of Ukrainian forests and the illegal export of timber provides cover to illegal logging schemes, Ukraine’s Deputy Prime Minister for European and Euro-Atlantic Integration Ivanna Klympush-Tsintsadze has said.
“Now you [critics] have reacted angrily to the presidential veto of law No. 5495. Do not say incorrectly that president is against smuggling. The president is against preserving schemes and the enrichment of their beneficiaries. His remarks are not related to the provisions of the law on strengthening responsibility for logging, because these are changes both the president and the government support,” she wrote on her Facebook page on July 25.
According to her, the president clearly indicated the reasons for his decision – “a gross violation of our agreements with the WTO and the EU, which you [deputies who voted for the law] advanced between the first and second reading of the law without any consultations and discussions, and not as a civilized participant in international relations.”
According to Klympush-Tsintsadze, Ukrainian populists, who criticized the veto, “want to kill two birds with one stone: help in making dirty money and create problems in our relations with the EU.”
As was earlier reported, on July 3, 234 deputies passed the bill (No. 5495) on making amendments to some laws of Ukraine concerning the preservation of Ukrainian forests and preventing the illegal export of unprocessed timber in the second reading and as a whole.
According to amendments taken into account in the second reading of the document, administrative and criminal liability for illegal logging and its timber exports outside customs control (smuggling) has been significantly strengthened.
The Code of Ukraine on Administrative Offenses, in particular, introduces a clause according to which illegal cutting and transportation, storage of illegally cut trees entail the imposition on citizens of a fine of 15 to 30 non-taxable minimum incomes of citizens (one non-taxable minimum – UAH 17), and on officials – from 75 to 150 non-taxable minimum incomes of citizens (in current legislation – from five to ten and from seven to 12 non-taxable minimum incomes of citizens, respectively).
In case of a repeated offense within a year, the amount of the fine is from 30 to 60 non-taxable minimums for citizens and from 300 to 600 for officials.nnIn addition, according to changes in Ukraine’s Criminal Code, movement across the customs border of Ukraine outside the customs control or concealment from the uncontrolled control of unprocessed timber or sawn valuable or rare species is punishable by imprisonment for three to five years.
The same actions that have been committed repeatedly or by prior conspiracy by a group of persons or an official using his official position are punishable by imprisonment for a term of five to ten years, with deprivation of the right to occupy certain positions and with confiscation of property.
If these actions are committed by an organized group of individuals or on a particularly large scale, a penalty of imprisonment of ten to 12 years is provided, with deprivation of the right to engage in certain activities for three years and with confiscation of property.
