Our Client Returned the Confiscated Currency Under the Art. 471 of the Customs Code of Ukraine
15.04.2015
We remind you that the transport (both import and export) of foreign currency in cash in amount more than 10,000 euros (equivalent in any currency) without declaring through the customs border of Ukraine is the custom offense - violation of the order established by this Code for customs control in the areas (corridors) of the simplified customs control, i.e. moving through the customs border of Ukraine by a person who elected passage through the "green corridor" of goods movement of which through the customs border of Ukraine is prohibited or restricted by laws of Ukraine, or goods in excess non-taxable rate of movement across the customs border of Ukraine - which entails a fine of one hundred non-taxable minimum incomes of citizens, and if the direct objects of the offense are goods movement of which through the customs border of Ukraine is prohibited or restricted by laws of Ukraine - also the confiscation of goods.
Despite the fact that the sanction of the Art. 471 of the Customs Code of Ukraine is uncontested and only provides for a fine of 100 non-taxable minimum incomes of citizens (1700 UAH) and confiscation of the seized currency, thanks to the precise use of the practice of the European Court of Human Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms the team of LF "Moskalenko & Partners" led by the partners Berdan Igor and Moskalenko Anastasiya once again managed to return the seized currency in the amount of approximately US $ 40 000, proving that confiscation imposes on the of the client "the excessive individual burden".
