PROBLEMS OF CUSTOMS CLEARANCE FOR CARS WITH FOREIGN REGISTRATION

Today, the issue of importing and using cars with foreign registration on the territory of Ukraine is known to all residents of the country and government structures without exception.

For violation of the terms of transit or temporary importation of vehicles with foreign registration, the customs authorities impose fines. The current customs legislation allows resident citizens to choose from these options for the movement of vehicles across the customs border: in the mode of temporary import or in the mode of transit.

The Customs Code of Ukraine establishes that the temporary importation by resident citizens of vehicles for personal use classified under commodity headings 8702, 8703, 8704 (with a total weight of up to 3.5 tons), 8711 in accordance with the UCT of the ZED and their trailers of commodity heading 8716 in accordance with UCT ZED is allowed for a period of up to one year under a written commitment to re-export them under the condition of a written declaration in accordance with the procedure provided by the legislation of Ukraine for citizens, after payment of all customs payments, which, according to the law, are payable upon importation of such vehicles.

In addition to the requirement for the actual payment of all customs payments, a restriction applies to such temporarily imported vehicles for personal use: they can be used in the customs territory of Ukraine exclusively by citizens who imported the specified vehicles for their personal needs, and cannot be used for the purposes of business activity, to be disassembled or transferred to the possession, use or disposal of other persons.

Somewhat more loyal conditions provided for the import of cars for the purpose of transit. And although the Customs Code of Ukraine allows citizens to import vehicles for personal use for the purpose of transit through the customs territory of Ukraine, provided that they are declared in writing and a monetary deposit is deposited into the account of the customs body in the amount of customs payments payable when such vehicles are imported into the customs territory of Ukraine from for the purpose of free circulation, the specified requirements do not apply to vehicles permanently registered in the relevant registration authorities of a foreign country.

Thanks to the advantages provided by the transit mode (no need to pay customs fees and provide documents confirming the proper condition of the vehicle), Ukrainians choose it in order to use affordable (for the price) used cars that are not deregistered in the country of registration.

The problem of the issue is that by choosing this way of moving a vehicle, citizens assume the obligation to comply with the order, conditions and terms of transit transportation. The last one for road transport is 10 days, and in the case of movement in the area of ​​activity of one customs office - 5 days.

It is the terms of transit transportation that increasingly become the cause of conflicts between so-called "crossers" (people who must cross the border every 5-10 days to renew the transit regime) with customs authorities and authorities.

In the case of exceeding the period of stay of the vehicle on the territory of Ukraine, customs officials draw up a report on the violation of customs rules.