Main points
- Ukrainians collect branches cut by utility workers for heating, considering them to be no one's business.
- Not everyone knows whether the law allows the removal of these branches.
Branches left by utility workers / Photo Freepik
Often, Ukrainians who heat their homes with solid fuel, in addition to buying firewood, also collect branches cut by utility workers, because they think they belong to no one. Usually they lie somewhere aside and look abandoned, but not everyone knows whether the law allows them to be collected.
Who is the real owner of the abandoned branches?
Lawyer Maksym Boyarchukov told Channel 24 that, according to Article 1 of the Law of Ukraine “On Waste Management”, wood is classified as household waste. Article 11 of the same law states that the subjects of ownership of waste are individuals and legal entities, territorial communities, and the state.
Important! In accordance with paragraph 9.1.16. of the order of the Ministry of Construction, Architecture and Housing and Communal Services of Ukraine dated 10.04.2006 No. 105 “On approval of the Rules for the maintenance of green spaces in populated areas of Ukraine”, the wood of removed trees is recorded as profit and used for own needs or sold at market prices.
According to the lawyer, the funds from the sale of wood are transferred to the balance sheet holder of state or municipal property and are used to cover expenses. Branches and unsuitable wood are disposed of, and a report is drawn up.
Maxim Boyarchukov
Managing Partner of the law firm “Maxim Boyarchukov and Partners”
The transfer of ownership of waste to other entities is carried out on the basis of an agreement between a local government body and a waste management entity or between waste management entities. Taking into account the above, municipal services are obliged to dispose of cut tree branches as waste.
How can they be punished for collecting branches?
At the same time, according to the lawyer, the legislation of Ukraine does not establish either administrative or criminal liability for collecting branches cut by city utilities for firewood, nor does it establish a ban on such actions.
The constitutional principle is the principle of the rule of law, which is enshrined in Article 8 of the Constitution of Ukraine, according to which citizens exercise their rights according to the principle “everything is permitted that is not expressly prohibited by law”,
– says Maksym Boyarchukov.
Given that citizens are not prohibited from collecting branches cut by city utilities for firewood, it can be argued that such actions are permitted.
Can you cut down the branches of a neighbor's tree that has climbed onto your property?
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Ukrainian law allows you to trim the branches of a neighbor's tree if they interfere with the intended use of the land, but you should first try to resolve the issue with your neighbor.
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The distance from the boundary of the site to the trunk of a tree over 3 meters high must be at least 4 meters, and for trees up to 3 meters high – at least 2 meters.