With the outbreak of war in Ukraine, civil security issues have become more relevant as ever. One of the important aspects is the access of the population to shelters during air alarm. According to the current legislation, every citizen has the right to get into the shelter without interruption, but there are a number of exceptions and features that are worth knowing.
By definition of the law, shelters are civil protection structures that ensure the safety of people at danger. They should be able to accommodate people for at least 48 hours and provide protection against dangerous factors when using mass damage.
Such structures can be in state, communal or private property, but in order to be included in the fund of protective structures, the owner's consent is required. These shelters should be appropriate to be able to provide the necessary help and protection for the duration of anxiety.
According to the Ukrainian legislation, during air alarm, shelter owners have no right to interfere with the access of citizens. However, there are some exceptions. For example, in the case of shelters in the territory of a restricted enterprise or in a kindergarten or school, where persons who are not employees or participants in the educational process may not get to the storage facility.
The category of shelters that do not apply to the legislative requirement for access include underground parking lots and basements located in residential or office buildings. The owners of such premises independently decide who to enter.
If a citizen is not illegally allowed to cover, he or she may apply to the police at the number “102”, the SES body or the local military administration. Article 175 of the Administrative Code of Ukraine provides for such violation of a fine of 1 700 to 3 400 UAH. If the violation is repeated during the year, the fine can reach from 5 100 to 8 500 UAH.
In addition, in the case of grievous bodily harm or death due to refusal to access the shelter, criminal liability under Article 270 is provided, which may include imprisonment from 3 to 8 years.
