A lawyer under Article 201-4 of the Criminal Code – Smuggling of excise goods

At the end of last year, the Verkhovna Rada of Ukraine adopted the Law of Ukraine, which provides for amendments to the current Criminal Code of Ukraine and the Criminal Procedure Code. We are talking, in particular, about the processes of criminalization of smuggling of excise goods. Therefore, Article 201-4 of the Criminal Code establishes criminal liability for smuggling of all excise goods. Our experts - lawyers Prykhodko and Partners will tell you about the changes in detail.

Let's start with the fact that any smuggling involves the illegal movement of goods across the customs border of Ukraine or beyond it, with the concealment of smuggled goods from customs control.

The main changes provided for by Article 201-4 of the Civil Code

Transportation of products dangerous to human life and health should not go unnoticed. Crimes of this kind are punished severely enough. That is why in the process of doing business you should not try to bypass the control bodies. This will help protect yourself from a number of problems in the future. However, if you or your company is suspected of smuggling excise goods, the first thing to do is to seek the help of professional lawyers.

Cases related to smuggling cover all illegal actions with goods that were imported/exported from Ukraine to bypass customs control. Transportation of such illegal substances as strong medicines, drugs, and poisons is the most severely punished. This group also includes ammunition, weapons, valuable cultural items, etc.

To begin with, let's remind that

excisable products (goods) are goods for which the Tax Code of Ukraine sets excise tax rates.

Among the list of excise goods:

• Alcohol.
• Tobacco products.
• Fuel and its derivatives.
• Electric energy.
• Vehicles (cars, motorcycles, trailers, etc.).

In accordance with the introduced legislative changes for smuggling of excise goods, i.e. for the movement outside/through the customs border of Ukraine of excise goods (exception - electrical energy) for an amount exceeding 757 thousand hryvnias

Punishment under Article 201-4 of the Criminal Code:

• Confiscation of illegally used goods, in some cases - their destruction.
• Fines range from 5 to 10 thousand NMDH.
• Deprivation of liberty for a period of 3 to 5 years - in case of repeated commission of the crime.
• Deprivation of liberty for a period of 8 to 10 years - if the goods were used in a case in which cases of poisoning or death of people were recorded.

Thus, the measure of punishment under Article 201-4 of the Criminal Code depends on the gravity of the crime and additional factors that may affect the course of the case.

Assistance of professional lawyers under Article 201-4 of the Criminal Code

Almost all cases related to smuggling are resolved through the courts. If the person handed over the products himself, confessed to committing an offense, the punishment may be reduced or the case may even be settled out of court. Representatives of the Bureau of Economic Security of Ukraine deal with the pre-trial investigation of smuggling of excise goods.

Therefore, each case is considered individually. Everything depends on the existing circumstances and the behavior of the accused. In any case, you cannot do without the help of qualified specialists. Lawyers Prykhodko and Partners have extensive practical experience in cases related to smuggling and can find solutions even in the most difficult situations. This is confirmed by hundreds of successful court cases.

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