The use of private generators during martial law has specific features that not everyone is aware of
Last week, the Kyiv City Council adopted recommendations regarding the placement of generators on the streets of the capital. At the same time, city authorities promised that no fines would be imposed for non-compliance.
How true this is and what to do if inspectors come to you and demand the removal of your generator from the street – Kасhtan NEWS explains.
Recommendations and Promises
The Kyiv City Council's decision was made during a plenary session on November 21. This was preceded by a survey in "Kyiv Digital," where residents were asked how often generators operate in their area and what concerns them most about these devices.
In brief, the adopted recommendations are as follows:
- generators must be placed only outdoors, on a flat surface, at least 2.5 m away from trees and 1.5 m from shrubs;
- it is prohibited to install generators inside residential, public, or industrial premises, on roofs, balconies, and evacuation routes;
- generator owners must ensure the protection of people and animals from electric shock;
- generator users must undergo mandatory training and instruction.
As promised by the city administration, inspectors for urban improvement will soon begin informational and explanatory work among Kyiv residents. During the discussion of the draft decision, deputies expressed concern that this effort might become another source of corruption and pressure on small businesses. In response, the head of the Territorial Control Department, Mykhailo Budilov, swore that this would not happen.
“No such measures are definitely planned,” he promised, assuring that there are no penalties for ignoring local government recommendations in the Code of Ukraine on Administrative Offenses.
Noisy and Polluting
However, trusting the city authorities at their word is not common among Kyiv residents – and usually, not without reason. Kасhtan NEWS asked Kyiv lawyer and attorney Stanislav Borys how the installation of generators is actually regulated by law and what penalties their owners might face.
0 According to the lawyer, under normal circumstances, a generator owner could theoretically be held administratively liable for noise or air pollution caused by their generator. However, as Borys notes, even before, such liabilities rarely occurred in practice.
“This could fall under one of the types of administrative offenses, specifically, noise level violations. But these are very rare cases when it comes to holding someone accountable. It could also be a violation in terms of emissions and pollution of the environment. I think this is one of the reasons they might target,” the lawyer suggested.
What the Law Says
Article 182 of the Code of Ukraine on Administrative Offenses does indeed provide for fines for violations of population protection norms from harmful noise. For individuals, such fines range from 5 to 15 non-taxable minimum incomes (85-255 UAH), while for entrepreneurs or officials, they range from 15 to 30 non-taxable minimum incomes (255-510 UAH). For a repeat offense committed within a year, fines increase to 255-510 UAH for ordinary citizens and to 850-1700 for officials and business entities. Additionally, the object of the noise violation (in our case, the generator) may be confiscated.
According to state sanitary norms, the permissible noise level during the day or at night in areas directly adjacent to shops, shopping centers, and service enterprises should not exceed 70 decibels (for comparison, this is the noise level from a loud conversation or watching television at moderate volume).
1 Fortunately for generator owners, there is one “but”: these norms do not apply during the elimination of consequences of accidents, natural disasters, or other emergency situations. According to government clarifications, including those from the Ministry of Health, martial law and the difficult energy situation are considered emergencies, so imposing fines for noise from generators is illegal.
Stanislav Borys stated that the government must understand the situation in which people find themselves.
“The government must ensure the supply of electricity to citizens – this is a public protocol. And if the protocol is not followed, people must find a way to cope. It is not out of goodwill that someone bought this very expensive generator, filling it with very costly gasoline to continue their small business or something else,” he explained.
Regarding air pollution, theoretically, owners of generators used on a permanent basis should pay an environmental tax. However, during wartime, this norm has been temporarily suspended since the enactment of the Law “On Amendments to the Tax Code of Ukraine and Other Laws of Ukraine Regarding Assistance in Restoring Ukraine's Energy Infrastructure.”
What to do if inspectors demand you remove your generator
However, people in Ukraine are usually not familiar with the nuances of current legislation and therefore may not always be able to protect their rights. Stanislav Borys provided several tips on how to act if officials come to you and demand the removal of your generator, threatening a fine.
2 “There is a general step-by-step guide: first, of course, demand that these individuals identify themselves and show their official IDs. This is important because if there are gross violations on their part as officials, for example, improper performance of their duties, it is necessary to identify them to understand who exactly committed this violation and where to file a complaint. The second point: demand explanations and evidence of your alleged violation from them. According to the procedure, they must provide this evidence at the request of the person being held accountable. If officials demand that you remove your generator, ask them for documents indicating that you are obliged to do so – an order, a legal norm, etc. This should not be in oral form: demand a written document that outlines their motives and the relevant legal requirements, in their opinion. This document can later be challenged in court,” the lawyer clarified.
Yulia TENENYOVA