Ukraine's Supreme Court admits use of EU license plates cars imported in transit regime as legal

Source : 112 Ukraine

The use of such cars is not an offence anymore
12:26, 22 October 2018

Open source

The Supreme Court of Ukraine recognized the termless use of the cars with the EU license plates imported in the regime of transit as legal as the press service of the court reported.

“The use or disposal of the vehicles imported for the purpose of the transit through the customs territory of Ukraine is not the administrative offense provided by the Customs Code of Ukraine,” the message said.

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The Supreme Court has made such decision considering the lawsuit of the individual against the customs service on the cancelation of the regulation that recognized the claimant guilty in the violation of the customs rules and fined him for $300.

The point of the dispute is that the claimant as the owner of the car with the license plate from Estonia that was not removed from the register there imported this car to the customs territory of Ukraine on February 26, 2016 for the purpose of the transit. During the court sessions, the claimant recognized that he imported the mentioned vehicle for the prolonged use and pointed the “transit” regime to avoid the necessity of the customs clearance of the car and payment of the proper fees.

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The Appeal Court noted the regulation of the first instance court and refused to satisfy the suit. In his turn, the claimant did not agree with such decision and appealed it in the cassation referring to the decision of the Constitution Court that points that the use or disposal of the transport vehicles of the personal use imported for the transit through the customs territory of Ukraine is not the administrative offense.

The Supreme Court consisted of the panel of judges of the Cassation Administrative Court recognized that the cassation appeal should be satisfied. According to the appealed regulation, the basis for its adoption is that the claimant did not re-export the car from the country in the established terms (10 days for the vehicle; 5 days if it is used within the activity zone of the same customs), so he used it as the vehicle with not competed clearance and without the permission of the customs service.

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The Supreme Court, taking into account the conclusion of the Constitution Court, noted that the Customs Code of Ukraine clearly defines the actions, inaction, and terms, which are qualified as the violation against the goods, customs clearance of which is not finished.

In such terms, the panel of judges of the Cassation Administrative Court finds the cancelation of the fine grounded as the offense is absent in the actions of the claimant.

On July 13, 2018, Verkhovna Rada supported a bill providing for increased responsibility for breaching the rules of car import to Ukraine. The document establishes a single term for sanctions for customs rules breach, - half a year since the day of detection of the violation.

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Earlier the downtown Kyiv was blocked, and the car traffic in the city's government quarter went to a halt was is due to protests by the drivers of cars with EU license plates.

The car drivers joined the rally called 'Action for Protection and Customs Clearance'. They demand that the government approve the police checks of the cars with foreign license plates and apply sanctions according to the customs law. The drivers said they intended to make the rally a timeless event until the government agrees to their conditions.

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Later drivers of EU license plates cars blocked the exits from the parliament's building and damaged a lawmaker's car. They blocked the exits located on the surface, which lead to the Constitution Square, Hrushevskoho street, as well as Shovkovychna and Sadova streets. The activists did not let outside the MPs, reporters and the parliament staff, chanting 'Shame on you!' and 'Go to work!'.

The speaker already closed the session of the parliament; however, the EU license plates car owners demanded that the MPs vote for the bill on customs clearance for such vehicles. A correspondent of 112 Ukraine TV channel reported that most of the MPs left the building of the parliament.

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