Draft bill #9362 of June 7, 2023 

Sponsor: an MP from the Servant of the People faction 

Who is affected: owners of civil protection facilities: private enterprises, communal companies, territorial communities, government bodies, law enforcement agencies, and courts. 

Summary of the bill: penalties will be introduced for the following: 

  • for failure to properly maintain civil protection facilities while martial law is in effect or failure to ensure free access for citizens to civil protection facilities during an air raid alert — a fine from ₴17,000 to ₴34,000 for managers of these facilities 
  • for failure to ensure the proper functioning of over 10% of civil protection facilities that are owned by communal enterprises while martial law is in effect — a fine from ₴51,000 to ₴85,000 for the community head 
  • for failure to ensure free access to more than 10% of civil protection facilities on the territory of the community during an air raid alarm — a fine from ₴51,000 to ₴85,000 for the community head 
  • for failure to ensure the proper functioning of over 10% of civil protection facilities if such facilities are owned by a government body — a fine from ₴51,000 to ₴85,000 for the head of this government body 
  • failure to ensure free access for citizens to over 10% of civil protection facilities owned by a government body during an air raid alert — a fine from ₴51,000 to ₴85,000 for the head of this government body 

What is right: the bill addresses the issue of the improper functioning of bomb shelters and lack of access to them. 

What is wrong: definitions of the offences proposed by the bill are too vague. To hold someone accountable, it will be necessary to establish the fact of improper functioning or lack of access to 10% of civil protection facilities. To check this fact will be technically difficult and almost impossible, especially in large cities. Therefore, it is most likely that no one will be held accountable. 

Alternative solution: to amend definitions of the offenses so that it will be possible to hold those guilty of improper functioning and lack of access to bomb shelters accountable.