On the eve of the holidays, it is important to remember that the use and sale of most types of pyrotechnics is prohibited in Ukraine. Violations are subject to fines, and in some cases even restrictions or imprisonment. What exactly are the prohibitions or exceptions, and what liability awaits violators — explain the lawyers of the free legal aid system.
What exactly are the prohibitions and are there any exceptions?
In Ukraine, the use of almost all fireworks and firecrackers (pyrotechnics of classes F2, F3 and F4) is prohibited. This ban applies throughout the country and is provided for by the Law of Ukraine «On Amendments to Certain Laws of Ukraine Regarding the Use and Circulation of Pyrotechnic Products».
Sparklers, fountains, candle fireworks and firecrackers (class F1) may be used. However, they may not be sold or given to children under 16.
At the same time, these restrictions do not apply to the use of pyrotechnics by the Armed Forces of Ukraine, the National Police, and emergency and rescue services for work needs.
Responsibility for use
People who violate the ban are subject to administrative or criminal liability.
Thus, according to Article 182 of the Code of Ukraine on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses), violation of the requirements for protecting the population from the harmful effects of noise or the rules for maintaining silence in populated areas and public places entails:
- for citizens, a warning or a fine of five to fifteen tax-free minimum incomes of citizens (from 85 to 255 UAH);
- officials and entrepreneurs - a fine of fifteen to thirty (from 255 to 510 UAH) non-taxable minimum incomes of citizens.
In addition, violators may be prosecuted for hooliganism, in accordance with Article 296 of the Criminal Code of Ukraine. In this case, they face a fine of 17 to 34 thousand UAH (from one thousand to two thousand non-taxable minimum incomes of citizens) or probationary supervision for a term of up to 5 years, or restriction of liberty for the same term. If the offense is committed by a group of persons, the article provides for restriction of liberty for a term of up to 5 years or imprisonment for a term of up to 4 years.
Sales responsibility
Liability is also provided for sellers of pyrotechnics. This may include a fine of 17 to 34 thousand UAH and confiscation of the goods and proceeds from the sale (for violation of the procedure for conducting economic activities - Article 164 of the Code of Administrative Offenses).
Violation of the procedure for the production, storage, transportation, trade and use of pyrotechnics (Article 195-6 of the Code of Administrative Offenses) provides for a fine of UAH 595 to 1,020 (thirty-five to sixty non-taxable minimum incomes of citizens). And confiscation of pyrotechnics.
Responsibility of children
From the age of 16, children are subject to administrative and criminal liability, meaning the punishment will be the same as for adults. And hooliganism can be prosecuted from the age of 14.
In other cases, parents will be responsible for the actions of their children. This is provided for in Article 184 of the Code of Administrative Offenses. Namely:
- If a child commits an administrative offense, a fine of UAH 850 to 1,700 (fifty to one hundred tax-free minimum incomes) is imposed on parents;
- For actions of a child that contain signs of a criminal offense, in particular hooliganism, parents face a fine of from 1,700 to 5,100 UAH (from one hundred to three hundred tax-free minimum incomes).
What to do if you witness the use or sale of pyrotechnics
Call the police at 102.
How to apply to the BPD provision system