The Second Senate of the Constitutional Court of Ukraine by its decision on Wednesday found the provisions of Part 1 of Article 483 of the Customs Code of Ukraine, according to which goods moved across the customs border of Ukraine with concealment from customs control, to be confiscated, as inconsistent with the Constitution.

As reported on the website of the Constitutional Court on Wednesday, the authors of the constitutional complaints considered at the meeting asked to recognize the contested provision of the Code as unconstitutional, since, in their opinion, it makes it impossible to individualize the legal liability of the violator of customs rules, taking into account the nature of the illegal act committed, the form of guilt, the characteristics of the person guilty in the commission of an offense, circumstances mitigating or aggravating liability.

"After examining the issues raised in the constitutional complaints, the Constitutional Court came to the conclusion that the provisions of Article 483 of the Code do not comply with the Constitution of Ukraine due to the fact that such legislative regulation is contrary to the principles of a democratic society based on the rule of law," the message emphasizes.

The text of the decision of the Constitutional Court and its summary will be published on the official website of the court on July 6.

Currently, Part 1 of Article 483 of the Code provides that those who have moved goods across the customs border of Ukraine with concealment from customs control are punished with a fine of 100% of the value of the direct objects of violation of customs rules with confiscation of these goods.