On March 1, 2023, the Second Senate of the Constitutional Court of Ukraine, in the public part of the plenary session, in the form of written proceedings, deliberated the case upon the constitutional complaint of Anatolii Dushenkevych regarding the compliance of Article 483.1.2 of the Customs Code of Ukraine (hereinafter referred to as “the Code”) with the Constitution of Ukraine.
As noted by Judge-Rapporteur Volodymyr Moysyk, the applicant appealed to the Constitutional Court of Ukraine with a request to verify the compliance of Article 483.1.2 of the Code in the part of "imposing a fine in the amount of 100 percent of the value of goods - direct objects of violation of customs rules with confiscation of these goods" with the provisions of the Constitution of Ukraine. The specified penalty is imposed on persons who moved goods across the customs border of Ukraine while hiding from customs control.
As it can be seen from the case materials, Anatolii Dushenkevych moved goods across the customs border of Ukraine in violation of the customs rules established by Article 483.1 of the Code. The court found Anatolii Dushenkevych guilty of committing an administrative offense established by Article 483.1 of the Code, and imposed on him an administrative penalty in the form of a fine in the amount of 100 percent of the value of the goods with confiscation of the vehicle.
The subject of the right to constitutional complaint claims that the provision of Article 483 of the Code does not comply with the Constitution of Ukraine, as it does not ensure the principle of individualisation of punishment, because it does not allow the court to impose a punishment, taking into account the degree of gravity of the offense committed, the person guilty and the mitigating and aggravating circumstances of the punishment. He also believes that such a provision does not correspond to the principle of the rule of law, public interests and is a disproportionate interference of the state in the rights of citizens.
During the plenary session, the Second Senate of the Court examined the case files in the public part and proceeded to the in-camera part of the session.
The permanent representative of the Verkhovna Rada in the Constitutional Court of Ukraine Maksym Dyrdin attended the plenary session.
The public part of the plenary session is available on the official website of the Court in "Archive of video broadcasts of sessions".
