GENERALIZATION of APPEAL COURT of KIEV

of January 1, 2005

Generalization of practice of consideration by courts of the city of Kiev of criminal cases about smuggling (the Art. 201, 305 UK Ukraine 2001) and administrative cases about customs offense according to the new Customs code of Ukraine

When carrying out generalization, proceeding from the materials provided by district courts the questions determined by the programs sent by the Supreme Court of Ukraine were considered.

Criminal liability for smuggling is provided by Art. 201 of the Criminal code of Ukraine:

1. Smuggling, i.e. movement of goods through customs border of Ukraine out of customs control or with concealment from customs control, made in large sizes, and also illicit movement of historical and cultural values, poisonous, strong, radioactive or explosives, weapon and ammunition (except smooth-bore hunting weapon and ammunition to it), and also smuggling of strategically important primary goods concerning which the legislation establishes the corresponding rules of export for borders of Ukraine is punished by imprisonment for a period of three up to seven years with confiscation of objects of smuggling.

2. The same actions made by previous concert by group of persons or person previously convicted for the crime provided by this Article - are punished by imprisonment for a period of five up to twelve years with confiscation of objects of smuggling and with confiscation of property.

Note. Smuggling of goods is considered committed in large sizes if their cost in one thousand and more time exceeds tax-free minimum of the income of citizens.

Criminal liability for smuggling of drugs, psychotropic substances, their analogs or precursors is provided by Art. 305 of the Criminal code of Ukraine:

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