On 25 March 2025, the Verkhovna Rada adopted in the second reading Draft Law No. 10257 to create conditions for fair consideration by courts of cases of customs rules violations and to choose the type and amount of administrative penalty taking into account all the circumstances of the case.
Thus, the Draft Law establishes a division of approaches for determining the amount of the fine depending on the authority that imposes it:
- if the decision on a case of violation of customs rules to be made by the customs authorities, a fixed amount of fine is provided;
- if the decision in such a case to be made by a court, the upper and lower limits of the fine amount are to be set (offences under Articles 470, 472, 476, 481, 482, 483 and 484 of the Customs Code of Ukraine).
The Draft also changes the approach to the mandatory confiscation of goods and vehicles (Articles 472 and 484 of the Customs Code of Ukraine), so that the decision to confiscate the direct objects of customs rules violation is made at the initiative of the court.
Among other things, the Draft Law provides for the introduction of administrative liability for the transfer of goods across the customs border of Ukraine in international postal and express shipments whose name, quantity and/or value do not correspond to the data declared in customs, shipping and/or commercial documents (the transfer of which is not prohibited by Ukrainian legislation and acts of the Universal Postal Union), which entails the imposition of a fine of 50 per cent of the value of these goods or their confiscation.
Currently, the Draft Law is being prepared for signature by the Chairman of the Verkhovna Rada.
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