The rise of illegal demining in Ukraine: What are the challenges and solutions?

What's the problem?

Every conversation about mine safety in Ukraine now begins with the statement that it's the most mined country in the world. When Russia started its full-scale war in 2022, these words were terrifying to hear, stopping Ukrainian civilians from going near dangerous forests, rivers, or suspicious objects. Now, this fact has become part of the everyday life.

Olha (name changed) is an activist and volunteer who frequently visits front-line and recently liberated areas to deliver humanitarian aid to local civilians. She recalls a trip to the northern Chernihiv region, specifically to an area where Russian forces were stationed from February to April 2022.

"There's this older man we've become friends with there. Once we had more time, he offered to show us the village," says Olha. The tour brought the activist and her colleague to the forest, where volunteers noticed many metal rods sticking out, like road signs without any signs attached. She continues, "I asked what they were, and the old man said, 'Those were mine warning signs, but people took them down.' When I asked if the forest had been cleared of mines, he replied that his neighbor 'sort of went over it with a metal detector.'

"That's when my colleague and I realized we were standing in the middle of a minefield where Russian positions had been. And that every step we took there could have been our last."

Luckily, everyone made it home safely. But will all visitors to that forest in the Chernihiv region be as lucky? Colonel Mykola Opanasenko, deputy commander of the 112th Separate Brigade of Ukraine's Territorial Defense Forces, says mine safety in Ukraine is often neglected. Some people ignore and remove warning signs, others try to clear mines themselves, and some turn to "black deminers."

"If I had to estimate, I'd say about 80% of civilians completely disregard mine safety rules. People go onto uncleared land, even where signs warn of explosives," says Mykola Opanasenko. "Unfortunately, we've encountered the results of 'black deminers' work. The quality is often poor, so the outcome is that agricultural equipment has repeatedly been blown up in fields."

Why do people turn to illegal deminers? There are several reasons.

There are three types of demining operations, depending on priority:

• Military demining takes place directly in combat zones or where troops are stationed, usually after the enemy has retreated. Military sappers handle these operations.
• Emergency demining is when someone finds an explosive device that needs to be neutralized immediately. This operation can be done by the military, the State Emergency Service, the National Police bomb squads, or the State Special Transport Service.
• Humanitarian demining involves clearing the areas 20 kilometers or more from the front line. These include fields, forests, private property, and civilian infrastructure.

The illegal demining business thrives in humanitarian demining, which isn't a priority for the authorities during wartime. The government needs more specialists, equipment, or funding to clear areas outside combat zones, and it doesn't fund humanitarian demining. Clearing one hectare of land can cost $120 to $170.

The Ukrainian government offers programs that reimburse farmers for up to 80% of the cost of demining their fields. International partners also provide funding for humanitarian demining. Farmers can even apply for free demining services (more on later) on some platforms. However, these options are mainly available to farmers, and waiting time is extended. Here lies another problem.

If a business leases land that was occupied or shelled and became potentially dangerous, it must prove this perilous status with specific documents. Only with documentation can the tenant be exempt from paying rent. To obtain the proof, demining operators must conduct a non-technical land survey (the first step) and issue a document confirming that the area requires demining.

Often, getting this document takes a long time, or the location might be too close to the front lines, making it unsafe for deminers to go there. In such cases, business owners (especially farmers) may try to get rent payments canceled through the courts, but these cases don't always end in favor of the business.

For many Ukrainians, it's easier not to wait, not to go to court, and not to lose income. Instead, they turn to illegal deminers who can quickly get the job done without months of waiting. But there's a catch.

"Illegal deminers are people with certain skills and equipment that allow them to conduct demining, but they do this work violating existing regulations," says Colonel Mykola Opanasenko. "If such a sapper did their demining poorly, they won't be held accountable. They work unofficially, so bringing them to justice is impossible."

Lawyer Yevhen Vorobiov confirms to Rubryka that no specific law addresses illegal demining — each case is handled individually. Law enforcement then decides which legislation to apply in each specific situation.

"There's no direct liability for providing illegal demining services. However, other laws can potentially be used against such operators," says Yevhen Vorobiov.

For instance, an "illegal deminer" could be prosecuted for:

• Violating the procedure for conducting business activities without obtaining the necessary permits (Article 164 of the Code of Administrative Offenses). The penalty is a fine of ₴17,000 to ₴34,000 (about $410–820).
• Illegal handling of weapons, ammunition, or explosives (Article 263 of the Criminal Code). The penalty is imprisonment for three to seven years.
• Violating rules for handling explosives, flammable and corrosive substances, or radioactive materials (Article 267 of the Criminal Code). The penalties can range from a fine of ₴17,000 to ₴68,000 (about $410–1646), community service for up to two years, or imprisonment for up to three years.

Other relevant laws can also apply to unauthorized deminers, but it all depends on the context. Since there's no unified legislation regarding "illegal deminers," tracking case statistics in the judicial registry is impossible.

Colonel Mykola Opanasenko mentions that civilians often approach military personnel directly, asking them to "quickly check" a private area, but this isn't advisable — if a soldier agrees to demine a site on their own, they too become an "illegal deminer" in this context.

"We've received requests for demining from civilians. These requests can be divided into a few categories. Sometimes, it's about quickly demining an area and providing civilians with safety guarantees or simply the assurance that the place is safe," says sapper Mykola Opanasenko. He refers to emergency demining when an explosive device is found. "But there have also been cases where people wanted to demine a garden, a bombed house for future restoration, and so on. In such instances, we explain the proper procedures and how to submit requests so that the appropriate units or organizations can officially come to these areas, conduct demining, and provide the necessary documents."

What's the solution?

Recently, Ukraine introduced a private demining market. Entering this market isn't easy — certification for organizations wanting permission to demine takes six months to a year. During this time, a company must train its specialists, buy the necessary equipment, and obtain permits.

These permits come in various categories. For example, permits for non-technical surveys include visual inspections, drone flights, and gathering information from open sources — the kind of survey that can result in a document that may exempt a tenant from paying rent. There are also permits for technical surveys using metal detectors, frames, and other equipment, as well as licenses for manual demining and demining with machinery.

Colonel Mykola Opanasenko says the private market provides an excellent alternative to people trying to demine their homes or land as quickly as possible while ignoring safety rules.

"I believe the current level of this demining market is the best we can achieve at the moment," says the deminer. "This emerging market is a positive change because the amount of work and land contaminated with explosive devices is enormous. The resources of state operators and international partners are insufficient to address these issues. Such a market will, first, reduce the cost of demining services, and second, speed up these tasks."

However, caution is necessary — fraudsters are everywhere. Before contacting a private company for demining services, Ukrainians must ensure it is listed among the certified operators.

Farmers who suspect their fields might be mined can submit a request for free demining on the Military.Feodal portal. It is a project of Ukraine's Interregional Mine Action Center (MAC) and the Ukrainian Deminers Association.

Since the black demining market is growing faster than the authorized private one, the Ukrainian authorities must also consider penalties to punish offenders.

"The market for illegal deminers is constantly growing," says Colonel Mykola Opanasenko. "The only reform that could balance the situation would be to impose severe fines and penalties on the illegal deminers and the people who hire them. Demand dictates supply."

The cost of demining on the black market is roughly the same as with certified companies—$130 to $170 per hectare. It isn't noticeably cheaper, but it is unreliable and without guarantees.

Some try to save money at the expense of their health and lives. These are people who attempt to demine their land on their own.

"I've unfortunately encountered such people. In most cases, the outcome is tragic," says the colonel. "Much information is available about demining, but the war is constantly evolving, and new mine systems and munitions are also advancing. Much of this information isn't publicly available. People who think that watching a video on YouTube or reading a book makes them an expert are very mistaken."

Lawyer Yevhen Vorobiov notes that Ukrainians bear no direct liability for personally demining their land. However, if improper demining leads to someone's death, injury, or damage to property, they will be held responsible. It's best to avoid putting yourself or others at risk.