Unofficial transfer. (c) Soyuzpravoinform
of August 30, 2013 No. 16666/7/99-99-24-03-09-17
To chiefs of customs Mindokhodov
About provision of explanation
The department of customs affairs considers the letter of the Lviv customs of 10.06.2013 No. 6.1/12-375 concerning possibility of imposing of the administrative punishment for customs offense provided by the p. 3 of Art. 470 of the Customs code of Ukraine (further - shopping mall of Ukraine), within six months from the date of its detection.
By results of consideration we inform that Article of 467 shopping malls of Ukraine provides terms of imposing of administrative punishments on cases on customs offense.
Aggregate term of imposing of administrative punishment for customs offense constitutes six months from the date of making of offense.
At the same time in case of consideration by bodies of the income and charges or courts of cases on the continuing customs offenses, including 477 - 485 these Codes provided by Articles 469,, collection are imposed not later than in six months from the date of identification of these offenses.
In the Customs code of Ukraine and the Code of Ukraine about administrative offenses there is no determination of concept of "the proceeding offense".
At the same time from the correct determination of the moment when the offense is considered committed or revealed, the possibility of involvement of the perpetrator to the administrative responsibility depends.
The concept of the proceeding offense was explained by letters of the Ministry of Justice of Ukraine of 01.12.2003 No. 22-34-1465, of 17.07.2007 No. 22-14-493.
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