See more
Publication date: 28.02.2024
I' m a lawyer in civil, tax, family cases
Since the beginning of the full-scale invasion of Ukraine by the Russian Federation and the introduction of martial law throughout the entire territory of our state, there has been a large outflow of citizens from Ukraine. Fleeing from war, when leaving the state border of Ukraine and crossing a customs checkpoint, people, as a rule, take with them personal belongings, valuables, other property, as well as cash.
In this article we will talk about cases when crossing the border of Ukraine, you carry funds in excess of 10,000 euros per person.
In this situation, customs officials will confiscate your money and draw up a report against you on violation of customs rules.
How to behave at the customs border in such cases and what to do?
1. The protocol on violation of customs rules will indicate Article 471 of the Customs Code of Ukraine, which means that you violated the procedure established by the legislation of Ukraine for passing customs control in zones (corridors) of simplified customs control, that is, when passing through the “green corridor” you do not have the right to transport more than 10,000 euros. If the specified amount exceeds, you are required to declare it.
The declaration process is not complicated, you just need to have confirmation of the origin of the funds. It should be noted that no taxes are paid.
The sanction of the article for this type of offense provides for the imposition of the main type of penalty in the form of a fine.
2. The protocol will indicate you as an offender (your personal data), the circumstances under which you transported an amount in excess of that established by law. In this case, customs officers will definitely confiscate the funds. These funds must be described in the protocol by banknote numbers; they will serve as evidence when considering the case in court.
3. The protocol on violation of customs rules will indicate the date of the court hearing. Customs officials are required to familiarize you with a protocol on violation of customs rules against your signature.
You also need to remember that you have the right to inform customs officials that you wish to use legal services. In this situation, the services of a lawyer will be necessary. Until a lawyer arrives, you have the right not to incriminate yourself.
4. It should be noted that in order to return the seized funds, you will have to prove two main things in court:
- the legality of the origin of funds, that is, that they were not received from criminal or other illegal activities and other;
- and that the confiscation of funds would impose an undue personal burden on you.
What does it mean?
This means that you must prove that you need this money for life and you will be left without a means of subsistence.
5. For each of the above actions, you need to prepare a lot of evidence and very competently formulate an objection. An attorney or lawyer will help you develop a complete legal analysis of the situation.
Also, do not forget that if you win the trial in the first instance, the customs service will file an appeal.
In such cases, it will not be easy to cope without qualified legal assistance from a lawyer.
