The court upheld the fine of half a million hryvnias for “EuroBLECH”

Суд признал законным штраф в полмиллиона гривен за «евробляху»

The ride is not cleared to “EuroBLECH” cost driver in half a million hryvnias. The police found a violation, customs fined, and the court (and not one) recognized the lawful punishment.

It was like this. Patrol police in Kharkiv region stopped a car on foreign registration. Behind the wheel was a citizen of Ukraine. During the inspection the police found that this car according to the database “Arkan” was imported into the territory of Ukraine by a foreigner in 2018 in the mode of temporary import and was released to the citizen of Ukraine. At the time of stop of the car was in Ukraine with the delay of the time of withdrawal.

This fact of violation of customs regulations, the police reported in the Kharkov customs, which appealed to the citizen with a request to provide explanations. In response, the citizen explained that he is not the owner of the car, not imported to Ukraine, but only acquired this “EuroBLECH” at the car and did not have information about violations of the permitted period of stay of the car in Ukraine. The reason citizen did not convince the customs in the absence of violations in their actions. By results of consideration of the case on the citizen is imposed a penalty of 489 725 UAH. And this despite the estimated cost of the car 31 780 UAH. (1999 issue).

The decision issued on the basis of article 485 of the Customs code – “Illegal actions aimed at the evasion of customs payments, as well as the use of the goods in respect of which provided exemptions from payment of customs duties, for other purposes than those for which it was granted such benefits”.

The citizen appealed the fine in court, but as the court of first instance and the court of appeals recognized the citizen of Ukraine guilty of using a vehicle in respect of which have been granted privileges at import on the territory of Ukraine. Both courts recognised the penalty lawful.

In particular, the court of appeal in a decision dated 15.06.2020 in case No. 953/19713/19 concluded that because the citizen is resident, in the case of a transfer of the temporary vehicle importation personal use from a non-resident, the latter had to pay all the customs duties. Also, the court found unreasonable the arguments of the citizen about the lack of police the right to inform customs of the violation of customs rules.

Before you buy “EuroBLECH”, you should carefully study the legislation on the possibility of using this car in Ukraine and about the size of the current fines for the management. You should not listen to “convincing” arguments sellers about the lack of a mechanism to identify these violations and imposition of fines. They are not isolated, but can soon become truly massive.