In a customs offence case, a fine equal to 100% of the value of the goods was imposed, together with their confiscation. At the time, the penalty prescribed by Article 483(1) of the Customs Code of Ukraine did not allow the court to reduce the fine or waive confiscation in light of the circumstances of the case.

 

Advisers Law Company initiated a challenge before the Constitutional Court of Ukraine and prepared the constitutional complaint together with fellow counsel. We argued that the mandatory penalty prevented the court from imposing a sanction proportionate to the offence.

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On 5 July 2023, the Constitutional Court declared the challenged penalty provision unconstitutional. Subsequently, the Malynovskyi District Court of Odesa reconsidered the case and reduced the fine. The Constitutional Court’s ruling had implications for this entire category of customs cases, establishing the requirement to take individual circumstances into account when determining liability.

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Protecting the interests at stake required challenging the statutory provision itself. We pursued that challenge and continued our work through to the review of the fine, ensuring that the Constitutional Court’s ruling translated into a practical outcome in the case.