Return of seized goods at customs

The essence of the dispute

A foreign country citizen who is the driver of a foreign transport company, applied to our law firm for the protection of their rights in respect of goods seized from him at customs. During the movement of goods through the customs border of Ukraine, the officials drew up a protocol on the violation of the customs rules provided for by Part 1 of Art. 483 of the Customs Code of Ukraine.

The reason for initiating the case was that the signature and image of the printing company of the seller on the invoice and specifications were made not by printing cliches, but by using copying equipment.

As a result, the officials of the revenue and collection authorities temporarily confiscated goods that moved across the customs border of Ukraine, amounting to more than 3 million hryvnia.

Lawyer position

Having developed an effective line of defense, the lawyer proved the absence of intent in the actions of the client, and the customs body had no evidence of the fact that the person committed the offense. At the same time, one of the arguments was that as a result of the actions of the client, the budget did not lose the obligatory customs payments.

Accordingly, the absence of a corpus delicti is provided, provided for by Part 1 of Art. 483 of the Customs Code of Ukraine.

Result

The court of first instance closed the proceedings and returned the temporarily seized goods to their owner, and the court of appeal supported this decision.