A new law has entered into force in Ukraine, according to which petty theft, the value of the stolen property of which does not exceed three thousand hryvnias, no longer entails a criminal penalty. Now, for such crimes, the perpetrators will be punished only with administrative fines. This decision caused mixed reactions among experts and the public.
Until now, theft of up to 300 hryvnias was considered petty, and if the amount was greater, a person could actually go to prison.
Theft is one of the most common crimes in the country, especially shoplifting. Now, for shoplifting, for theft of property in an office or institution, from a car or apartment in the amount of less than three thousand hryvnias, the culprit will pay only a fine.
The law signed by the president is not only aimed at humanizing punishment. The reason is also that when the war started and martial law was introduced, the parliament significantly increased responsibility for these crimes. Courts considered thousands of cases of petty theft and handed down harsh sentences that were not commensurate, as the deputies believed, with the crime.
Three years for shoplifting diapers
"A person, being in the store "ATB Market" in Mukachevo, acting deliberately, knowing that in accordance with the decree of the President of Ukraine dated 24.02.2022 martial law was introduced in Ukraine, secretly stole one bottle of "Jack Daniels" brand whiskey with a volume of 0.5 liter costing UAH 596 50 kopecks".
Author of the photo, UNIAN
"A person, being in the premises of the store "Produkty-289" in the city of Dnipro, acting deliberately, repeatedly, in the conditions of martial law, took from the shelf TM "Roshen" chocolate bars in the amount of five pieces, with a total value of 511 UAH 65 kopecks, which she hid in the inner pocket of her jacket."
These are examples from court verdicts cited in the parliament during the consideration of the draft law. The courts sentenced both persons to suspended prison terms, because the amount of the stolen goods exceeded 300 hryvnias.
Another thief who stole Huggies diapers from Shchodnya store in Rivne was sentenced to more than three years in prison. If it happened now, there would only be a fine.
Deputies, voting for the humanization of these crimes, pointed out that such punishments in the conditions of martial law are disproportionate to the crime committed.
During the consideration of the draft law, there was information that in 2023, law enforcement agencies registered more than 82,000 criminal proceedings on the facts of theft, about 45,000 were sent to court. A large part of them are shoplifting.
What is the most stolen in stores in Ukraine
Retailers are reluctant to talk about the volume of thefts, and there is no generalized information about it in Ukraine. Inquiries to several retail chains remain unanswered.
At the same time, Anatoliy Samoilenko, deputy general director of Eco Market for security issues, said that the amount of theft in their network remains at a stable level, as evidenced by the level of invisible losses within 0.3% of the turnover, as well as the names of goods that visitors flock.
"Thieves' tastes have not changed in recent years: they are alcohol, preserves, chocolates, butter and cheeses," he says.
Anatoliy Samoilenko also denies the widespread opinion that in most cases those who have nothing to eat steal, although such cases do happen.
"It should be understood that "shoplifting" is engaged in by a narrow category of people who do it professionally, and not out of necessity. Most people are not ready to risk problems with the law due to the theft of products", - the representative of "Eko Market" is convinced.
What will be the fines for petty theft
For this reason, Anatoly Samoilenko believes, the decriminalization of punishment for theft will not lead to an increase in theft. He also reminds that the adopted law provides for an increase in fines in case of administrative punishment.
Parliament has indeed increased fines for theft. According to the law, depending on the amount stolen, fines will be from 850 to 5,100 hryvnias, for repeated theft - from 8,500 to 17,000 hryvnias.
Law enforcement officers who conduct criminal proceedings consider decriminalization a step towards justice.
"The purpose of the law is to establish a fairer and more proportionate penalty for petty theft," said Deputy Minister of Internal Affairs Bohdan Drapyaty.
So far, the police have not said whether they expect an increase in the number of thefts after the relaxation of penalties for such crimes.
Photo credit: Getty Images
However, Kostiantyn Kryvenko, an adviser at the Ilyashev and Partners law firm, believes that the decriminalization of petty theft is unlikely to have a negative impact on the overall criminogenic situation in Ukraine.
He says that fines are a more effective mechanism of punishment and have a greater educational function than imprisonment, even with a suspended sentence.
In addition, Kostyantyn Kryvenko notes that the procedure for criminal prosecution is much more complicated and requires more time and resources of law enforcement officers than the administrative one, so the new law will have a positive effect on their work.
"Law enforcement officers will be able to focus on more significant criminal offenses than stealing a package of diapers or a bottle of vodka in a store," the lawyer said in a comment.
