15:37 21.07.2021

Constitutional Court recognizes seizure of goods in simplified customs control zone as unconstitutional

2 min read
Constitutional Court recognizes seizure of goods in simplified customs control zone as unconstitutional

The Constitutional Court of Ukraine on Wednesday made three decisions on the constitutional complaints of citizens of Ukraine: it declared unconstitutional the article of the Customs Code on seizure of goods and rule of law on the police with a warning about the possibility of dismissal by reduction, also recognized the provision of the Code on administrative violations in part of the entry into force of court rulings.

"The Second Senate of the Constitutional Court of Ukraine today, July 21, adopted three decisions based on the results of consideration of cases on constitutional complaints of citizens," the Constitutional Court said on its Facebook page.

Thus, in particular, according to the information of the court, on the constitutional complaint of citizen Olena Odintsova, a decision was made on the unconstitutionality of subclause 2 of Article 471 of the Customs Code of Ukraine. Based on the text of the complaint posted on the website of the Constitutional Court, the citizen asked the Constitutional Court to recognize as unconstitutional the provisions of the Customs Code, which prescribe the seizure of goods prohibited or restricted by law for the movement of goods in zones of simplified customs control.

According to the Constitutional Court, having considered the case on the constitutional complaint of Bohdan Bivalkevych, the court declared unconstitutional subclause 8 of Section XI titled "Final and Transitional Provisions" of the law of Ukraine on the National Police. The essence of the complaint, the text of which is preleased on the Constitutional Court's website, boils down to the fact that employees of the internal affairs agencies are considered warned of a possible future dismissal due to staff reductions.

"In the case on the constitutional complaints of Anatoliy Kremenchutsky and Vladyslav Pavlyk about the constitutionality of Part 10 of Article 294 of the Code of Ukraine on Administrative Offenses, the Constitutional Court of Ukraine decided on the constitutionality of the contested prescription of the Code," the court said in a statement.

The provision of Part 10 of Article 294 of the Code of Administrative Offenses of Ukraine dated December 7, 1984 provides that the ruling of the court of appeal comes into force immediately after its adoption, is final and not subject to appeal.

The text of the adopted decisions will be made public on the Constitutional Court's official website on 22 July.

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