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Misechko & Partners successfully represented the interests of the Global Empowerment Mission Ukraine Charitable Foundation in a case of violation of customs regulations
In November 2023 Lviv Customs in the customs control zone of the checkpoint «Krakivets-Korcheva» drew up a protocol on violation of customs rules by a citizen of Ukraine, driver of the Charitable Foundation «Global Empowerment Mission UA», due to exceeding the period of temporary import of the vehicle into the customs territory of Ukraine for more than 30 days, for which the liability is provided according to part 6 of Art. 481 of the Customs Code of Ukraine in the form of a fine. 6 of Article 481 of the Customs Code of Ukraine in the form of a fine of 10,000 non-taxable minimum incomes of citizens or confiscation of the vehicle.
Customs legislation and judicial practice has not recognized any valid reasons for exemption of a person from administrative responsibility under the above norm, except for the case when a citizen acts in a state of extreme necessity, necessary defense or insanity, as well as taking into account the force majeure and personal circumstances of a citizen, subject to their documentary confirmation and subject to the extension of the period of importation of transport for no more than 60 days. However, none of the above-mentioned permissible circumstances were the reason for the driver's exceeding the period of temporary importation of the vehicle in the case in question.
The real reason for the driver's violation of the permissible period was the need to use such transport within Ukraine to provide humanitarian and charitable assistance to persons affected by the war. The evidentiary basis was formed by letters from front-line military administrations on the use of a particular transport for the delivery of aid and a customs declaration on the import of humanitarian aid to Ukraine.
According to the results of consideration of the case on bringing to administrative responsibility, the judge of the Halytskyi district court of Lviv, the driver's guilt in committing an administrative offence was proved. However, considering the absence of aggravating circumstances of the case, the nature, purpose, motive and manner of committing the offence, the court decided to release the driver from administrative responsibility for violation of customs rules, in connection with the insignificance of the committed offence, according to Art. 22 of the Code of Ukraine on Administrative Offences, limiting itself to a verbal reprimand, and closed the proceedings on the case.
Deciding the issue of assigning the type of penalty for violation of customs regulations, the court based its conclusion on the documented fact that the driver used the vehicle for the purpose of humanitarian and charitable assistance to the army and persons affected by the war, considering the nature of the offence committed and the personality of the driver, who had not previously been brought to administrative responsibility for violation of customs regulations.
Decision of the Halytskyi district court of Lviv of 23 January 2024 (Case No. 461/10251/23, proceedings No. 3/461/57/24) https://reyestr.court.gov.ua/Review/116639600.
Global Empowerment Mission Ua, Charity Foundation is a part of the Global Empowerment Mission Charitable Organization (USA) with its head office in Miami, Florida and provides charitable and humanitarian aid to the regions affected by the war in Ukraine.
The project was supported by attorney at law Iryna Borysenko and assistant of attorney Yaryna Pash.