Smuggling: Overview of the crime under the Criminal Code of Ukraine
Smuggling consists in the illegal import, export, concealment or transportation across the customs border of Ukraine (movement across the customs border of Ukraine outside of customs control or with concealment from customs control) of goods, the list of which is clearly defined in Art. 201, 201-1, and 305 of the Criminal Code of Ukraine.
Until 2012, smuggling in Ukraine was considered the illegal import and export of any goods.
On January 17, 2012, the amendments to Art. 201 of the Criminal Code of Ukraine, according to which the following items are considered to be smuggled across the customs border of Ukraine outside of customs control or hidden from customs control:
1. Cultural values.
2. Poisonous, powerful, explosive substances.
3. Radioactive materials.
4. Weapons or ammunition (except for smooth-bore hunting weapons or ammunition for them).
5. Parts of rifled firearms
6. Special technical means of secretly obtaining information.
Liability under Article 201 of the Criminal Code.
The responsibility for smuggling the above-mentioned items is punishable by imprisonment for a term of three to seven years.
Qualifying features of the crime under Article 201 of the Criminal Code, which can be considered as aggravating circumstances, are: smuggling of these things by prior conspiracy by a group of persons or a person previously tried for smuggling, or an official using an official position.In such a case, the responsibility may be imprisonment for a period of five to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years and with confiscation of property.
Timber smuggling
In 2018, the legislator supplemented the Criminal Code of Ukraine with Article 201-1, according to which illegal movement across the customs border of Ukraine was classified as smuggling:
1. Timber or lumber of valuable and rare tree species.
2. Unprocessed timber, as well as other timber, prohibited for export outside the customs territory of Ukraine.
Liability under Article 201-1 of the Criminal Code: imprisonment for a term of three to five years.
Qualifying/aggravating features: committed by a prior conspiracy by a group of persons or by a person previously convicted of smuggling, or by an official using an official position, or on a large scale. Liability in the presence of qualifying features: deprivation of liberty for a period of five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years and with confiscation of property.
In the case of timber smuggling by an organized group of persons, imprisonment ranges from ten to twelve years.
Contraband of narcotic substances
In addition to the mentioned items, the Criminal Code of Ukraine, by the provisions of Article 305, refers to smuggling as illegal movement across the customs border of Ukraine:
1. Narcotics.
2. Psychotropic substances, their analogues or precursors.
3. Falsified medicines.
Liability under Art.305 of the Criminal Code: imprisonment for five to eight years.
Qualifying features:
1. smuggling provided for in Art. 305 of the Criminal Code of Substances was committed repeatedly, according to a prior conspiracy by a group of persons, smuggling of particularly dangerous narcotic/psychotropic substances, smuggling in large quantities. Liability - deprivation of liberty for a term of eight to ten years with confiscation of property.
2. smuggling provided for in Art. 305 of the Criminal Code of substances by an organized group or smuggling of these substances in a particularly large amount. Liability - deprivation of liberty for a term of ten to twelve years with confiscation of property.
Smuggling of excise goods
It is worth noting that from January 1, 2024, the next amendments to the Criminal Code of Ukraine entered into force, by which the Code was supplemented by Art. 201-4, according to which illegal movement across the customs border of Ukraine was added to smuggling:
1. excise goods (except electricity).
Liability under Art. 201-4 of the Civil Code: a fine of twenty thousand to forty thousand non-taxable minimums (340,000 to 680,000 UAH) of citizens' income or imprisonment for a term of three to six years.
Qualifying features:
1. smuggling of excisable goods was committed by a group of persons or a person previously tried for smuggling, or an official using an official position, or in a large amount. Liability - a fine from seventy-five thousand to one hundred and twenty thousand (1275000-2040000 UAH) of non-taxable minimum incomes of citizens or deprivation of liberty for a period of six to eleven years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years and confiscation of property.
2. smuggling of excise goods committed by an organized group. Liability - deprivation of liberty for a period of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years and with confiscation of property.Smuggling of other goods not specifically defined by articles of the Criminal Code of Ukraine
In order to cover all possible goods in circulation with the "concept of contraband", the legislator supplemented the Criminal Code of Ukraine with Article 201-3, which will enter into force on July 1, 2024, according to which illegal movement across the customs border of Ukraine was added to smuggling:
1. goods in a significant amount (except excise goods and electricity).
Liability under Art. 201-3 of the Civil Code: a fine of ten thousand to twenty-five thousand non-taxable minimum incomes of citizens (170,000 - 340,000 UAH).
Qualifying features:
1. Smuggling of goods committed by a prior conspiracy by a group of persons or a person previously tried for smuggling, or by an official using an official position, or on a large scale. Liability - a fine from fifty thousand to seventy-five thousand non-taxable minimum incomes of citizens or deprivation of liberty for a period of five to ten years, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, and with confiscation of property .
2. Smuggling of goods committed by an organized group. Liability - deprivation of liberty for a period of seven to eleven years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years and with confiscation of property.
Smuggling, as a violation of customs and tax laws, not only poses a threat to the country's economic security, but also violates international norms and violates law and order.The problem of smuggling is one of the primary tasks of the state in protecting its economic interests.
In turn, the legal service "Consultant" plays an important role in ensuring legal protection of persons who may be accused of smuggling. Our lawyers adhere to the principles of justice and legality, and are ready to provide qualified legal assistance in consideration of cases related to smuggling.
We call on all citizens to abide by the law and refrain from any actions that may harm the economy and security of the country. Only through joint efforts can we ensure order and well-being for all citizens.
The legal service "Consultant" provides legal assistance in any situation. Our lawyers, after conducting a legal analysis of a specific situation, will ensure representation of interests in court, provide protection in court, and participate in court hearings in any city of Ukraine. A lawyer for court, lawyer in court and a representative in court is a guarantee of high-quality protection of your rights and interests.
