Customs affair - concealing cigarettes in the interior of the vehicle.

Heart of the matter:

We have been addressed by the Client, who is a citizen of a foreign country. The customs body has drawn up a protocol on the violation of customs regulations towards him. Part 1 of Art. 483 of the Customs Code of Ukraine were violated, exactly: the illegal movement across the border of Ukraine 50 packs of cigarettes that are hidden in the cabin of the car. According to the customs officers’ opinion, the place where the cigarettes were located was a specially constructed storage and the Client has previously adapted it for the transportations. Taking into account this fact, the customs officers confiscated the vehicle and sent the case materials to court. The aim was to bring the Client to justice in the form of a fine and confiscation of not only cigarettes but also the vehicle itself.

Legal basis:

The lawyer was involved by Client from the moment when the protocol on violation of customs rules was already drawn up. There was indicated in the protocol that the Client recognized the fact of concealing from the customs 50 packs of cigarettes, which were really his own.

The lawyer's position was that the Client could not be punished in such way as a confiscation of the truck.

Amongst others, Lawyer managed to use, in order to protect the Client, the practice of the European Court of Human Rights.

Case result:

The court agreed with the position of the Lawyer and decided not to apply the sanсtion in the form of confiscation of the vehicle.

The truck was returned to the Client.