Article 237 CCU: Violation of Subsoil Protection Rules (Illegal Extraction)

Legal Qualification of Illegal Mineral Extraction and Subsoil Damage under Occupation

Article 237 of the Criminal Code of Ukraine (CCU) establishes liability for violation of subsoil protection rules if it creates a danger to human life, health, or the environment, and also unlawfully damages deposits, making further use of minerals impossible. On temporarily occupied territories, occupying forces and affiliated structures often engage in illegal extraction of natural resources (coal, sand, clay, etc.) and violate technological and environmental requirements when exploiting existing deposits, causing irreparable damage to Ukraine's subsoil.

Key Provisions of Article 237 (CCU)

The article has several parts, differentiating liability:

Part 1 (Basic Form): Violation of subsoil protection rules, creating a danger to human life, health, or the environment, and unlawfully damaging deposits (Penalty: Fine or restriction of liberty up to 3 years).
Part 2 (Qualified Form): The same actions resulting in loss of life, mass illness, or other severe consequences (Penalty: Imprisonment from 2 to 5 years).

Resource Theft and Subsoil Damage: Illegal, uncontrolled, and predatory extraction of minerals by occupying forces without compliance with safety and environmental standards leads to depletion of deposits and poses a risk of industrial disasters. Such actions constitute a war crime (resource plundering) and fall under Article 237 CCU as well as Article 438 CCU.

Evidence of Violation (Illegal Extraction)

Violations qualified under Article 237 CCU include:

Illegal operation of mines and quarries: Extraction of coal, ore, sand, or other resources without Ukraine’s authorization, violating industrial and environmental standards.
Irreversible damage to deposits: Breach of deposit integrity, rendering further use impossible (e.g., flooding or destruction of mines).
Creating danger: Conducting mineral extraction near populated areas or critical infrastructure in violation of safety rules, creating a risk of collapses or pollution.

Examples from Practice

In Luhansk and Donetsk regions, occupiers illegally export coal and metallurgical raw materials from seized mines, violating subsoil protection and mine safety regulations.
In temporarily occupied territories of Kherson region, cases of quarry flooding and destruction of mining works during illegal extraction of sand and clay have been documented.
Operation of quarries and deposits without compliance with sanitary and environmental standards has led to river and groundwater pollution, threatening local population health.

Connection with Other Articles

Article 438 CCU (Violation of Laws and Customs of War) — as plundering and theft of natural resources.
Article 191 CCU (Misappropriation of Property) — regarding unlawful appropriation of extracted raw materials.
Article 441 CCU (Ecocide) — if the damage is systemic and catastrophic.

Legal Consequences

Article 237 CCU is used to document direct damage to Ukraine’s state resources. Punishment up to 5 years imprisonment (Part 2) applies if illegal extraction results in serious ecological or industrial consequences. Documentation of such violations serves as a basis for compensation claims and potential international criminal prosecution.

Article 237. Violation of Subsoil Protection Rules