Ukraine’s parliament makes first step to legalization of amber mining

Source : 112 Ukraine

342 MPs supported the bill
15:51, 12 November 2019

Verkhovna Rada supported the bill #2240 as the basis. It provides the legalization of the amber mining and bans export of unprocessed amber until the beginning of 2021 as 112 Ukraine reported.

According to the bill #2240, the provision of the subsurface resources for geology study, mining of mineral resources will be agreed not by the regional councils but councils of territorial communities.

The special permission for the study of the subsurface resources, including amber mining, will be provided for 5 years.

It is supposed that such special permissions will be sold at online auctions. It will be able to file the documents for the issuance, extension, re-issuance or amendment of the special permissions at the online cabinet of the use on the official website of Geology and Subsurface Resources State Service.

The available square of the subsurface resources is not more than 10 hectares. The starting price for one hectare is $139.

The winner of the auction has the preferential right to get a particular land plot or use it, including in the terms of the easement.

If the company gets the special permission, it does not need the mining allotment for the use of the subsurface resources. Moreover, the planned production of the amber at the area approved by the government is held without the estimation of the influence on the environment.

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In case of the development and amber mining, the right to slip off the soil without the special permission is provided. Besides, it is planned to impose the reparation of losses to the owners of the land or land-users for development of amber mines is provided.

The document forbids to export unprocessed amber sorted or not from Ukraine until January 1, 2021.

The bill establishes administrative and criminal responsibility for offences tied with amber.

Thus, if the mineral resources were mined with uncertified equipment but certification was obliged; the fine makes $69.5-$139. If the offense is repeated then the sum of the fine increases $208-$417. The Geology and Subsurface Resources State Service will consider such offenses.

The new article on the illegal mining of amber added to the Criminal Code.

The fine in the sum of $2,100-$6,950 or restriction of the freedom/imprisonment for three-six years with confiscation of the property are provided for production, sale, purchase, storage, passing, transmission, transfer, procession of amber which legality is not proved.

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The repeated offense will be fined from $69.5 or at the territory of the preserved provides the deprivation of liberty for four-seven years with confiscation of property.

If the official will facilitate the machinations with amber with use of his official position, he/she will face imprisonment for five-eight years with confiscation of property.

The evasion from the obligatory land reclamation after amber mining on the basis of the special permission leads to the $4,867-$6,950 fine or restriction of the freedom/imprisonment up to three years with the ban for particular activity for up to five years.

The repeated offense or offense committed by a group of people will be punished with the deprivation of liberty for three-five years with the ban for particular activity for up to five years.

If such violations led to the losses for the sum of more than $3,477, the imprisonment for five-seven years is provided with the ban for particular activity for up to five years.

Earlier, Volodymyr Zelensky ordered the Cabinet of Ministers to develop and submit the bills on the legalization of the gambling business and amber-mining to the Verkhovna Rada.


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