Denied Entry to a Shelter During an Air Raid Alert: What to Do and What Liability Applies

During an air raid alert, access to a shelter must be unimpeded. The law requires balance holders to keep civil protection shelters ready for use and to ensure that the public can access them.

If the shelter door is locked or the protective structure is in poor condition, first take care of your own safety and head to the next nearest shelter. Official guidance for Kyiv also provides that if you find a shelter locked during an air raid alert, you should contact the National Police.

Where to report a locked shelter

If the violation occurred in Kyiv, you can report that a shelter was inaccessible:

• to the National Police of Ukraine by calling 102;
• to the Kyiv City Contact Centre by calling 1551;
• via the online services of the 1551 Contact Centre.

If possible, record the address of the shelter, the date and time of the incident, the condition of the entrance, whether the doors were locked and any other circumstances. Photos or videos can help to prove the violation.

What liability applies for denying access to a shelter?

Failure to ensure unimpeded public access to a shelter during an air raid alert may constitute an administrative offence.

Failure to ensure unimpeded access of citizens to shelters is subject to administrative liability in the form of a fine of UAH 1,700 to 3,400, and for a repeat offence — UAH 5,100 to 8,500. The relevant amendments are set out in Article 175-3 of the Code of Ukraine on Administrative Offences (CUAO).

However, liability is not limited to a fine.

When can criminal liability arise?

If a breach of the requirements for maintaining a shelter, or a failure to ensure unimpeded round-the-clock access to it during an air raid alert, resulted in moderate or grievous bodily harm or in a person’s death, the law provides for criminal liability.

Article 270-2 of the Criminal Code of Ukraine provides for imprisonment for a term of 3 to 8 years for such consequences.

In other words, a locked shelter door during an air raid alert is not just an organisational problem. Depending on the circumstances and the consequences, the actions or omissions of those responsible may give rise to both administrative and criminal liability.

If there is a dispute over whether a person was lawfully held liable, a lawyer specialising in administrative cases can review the case materials, check whether the procedure was followed and determine the appropriate legal remedy.