Penalties for swimming in an unauthorized place: what do violators risk

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Because of the war started by Russia, the beach season will not open everywhere in Ukraine this year. For example, there are no plans to open beaches and recreation areas in Kyiv for safety reasons.

Lawyer Ihor Teterya told “RBK-Ukraine” how much Ukrainians will have to pay if they swim in an unauthorized place.

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“The legislation does not provide direct responsibility for citizens for swimming in prohibited places. However, in judicial practice, there are cases of bringing people to administrative responsibility for offenses that indirectly relate to swimming in prohibited places,” he explained.

The lawyer noted that an information sign should be installed near the reservoir where swimming is not allowed. a prohibition sign with a penalty warning. The violator may be held administratively liable under Art. 188-16 of the Code of Criminal Procedure, which provides for a fine in the amount of UAH 1,700 to UAH 3,400, and in the case of repetition of such an offense within a year – from UAH 3,400 to UAH 5,100.

In judicial practice, there are cases when a person was prosecuted for such a violation. Thus, in 2016, the Bilhorod-Dnistrovsky city-district court of the Odesa region imposed a fine on the violator in the amount of ten to twenty tax-free minimum incomes of citizens.

“As for citizens who have violated the ban on bathing in a certain place, in judicial practice there are cases of bringing such persons to administrative responsibility under Art. 185 of the Code of Criminal Procedure, when police officers ordered the violators to stop bathing, but the latter showed malicious disobedience in complying with such a demand,” the lawyer said.

This article provides for the imposition of a fine from UAH 136 to UAH 225, or community service for a period of time from forty to sixty hours, or correctional labor for a period of one to two months with a deduction of twenty percent of earnings, or administrative arrest for a period of up to fifteen days. the legal requirement of a police officer, related to bathing a person in prohibited places, are isolated.

“In the vast majority of cases, if a person obeyed such a requirement, but the police drew up a protocol, then the courts close such cases due to the lack of an administrative offense,” Ihor Teterya explained.

For example, the Primorsky district in August 2022, the court of Odesa in a similar case did not recognize that the violator committed malicious disobedience to the legal order. Part 1 of Art. 184 of the Code of Administrative Offenses “Failure by parents or persons replacing them to fulfill their responsibilities regarding raising children.” This applies to cases when parents left minor children unattended and they bathed in a prohibited place,” the lawyer said.

Liability for such an offense is established in the form of a fine from UAH 850 to UAH 1,700, and in case of repetition within year – from UAH 1,700 to UAH 5,100. Thus, in July 2022, the Kyiv District Court of Odesa found the violator guilty of this article.