Success

Introduction

The “Disputes” law firm has successfully completed the handling of a case involving an administrative violation in the customs regulation field. The client, a German citizen, faced charges of exceeding the temporary import period for a vehicle in Ukraine. Thanks to the professional actions of lawyer and managing partner Dmytro Chuguienko, the fine of 170,000 UAH (equivalent to 3,800 EUR at the time of writing) was avoided, marking a significant victory in upholding justice.

Case Chronology

Vehicle Importation and Transfer to Military Needs

On December 25, 2022, the German citizen imported a “HYUNDAI” vehicle in temporary import mode for one year via the Shehyni-Medyka checkpoint of the Mostyska customs post of Lviv Customs. This vehicle was intended for the delivery of humanitarian aid to Ukraine.

On January 2, 2023, while driving the vehicle, she was involved in a traffic accident, which led to significant damage to the vehicle, affecting its operability. For a long time, the client worked on resolving damage compensation issues with the vehicle owner, the insurance company, and the accident’s responsible party.

In November 2023, considering the vehicle’s serious damages, and after consulting with the owner, she transferred the vehicle to the needs of the Azov regiment, as requested by an acquaintance from the regiment. Repairing the vehicle was too costly and economically unfeasible. However, the client could not obtain documentary proof of this transfer, which later caused issues with customs authorities.

Violation Discovery

On July 7, 2024, customs authorities, after verification, discovered that the vehicle had remained in Ukraine beyond the established temporary import period. Customs issued an administrative violation protocol per Part 6 of Article 481 of the Customs Code of Ukraine, stating that the German citizen had exceeded the temporary import period of the vehicle by more than thirty days.

Court Hearing and Submission of Explanations

During the court process, the lawyer repeatedly contacted the military unit to obtain confirmation that the vehicle had been added to their inventory. However, the final decision of the military unit was to refuse the formal acceptance of the vehicle. While in the military’s possession, the vehicle had been repaired, but the engine broke down during use, rendering it entirely unfit for service.

Lawyer Dmytro Chuguienko presented arguments in court that the client had acted for the public good by donating the vehicle, making any penalties against her unjust and an undue burden. He emphasized that the vehicle had become a charitable contribution for Ukraine’s defense without any commercial gain for the client.

Compromise with Customs and Court Decision

During the final hearing, the customs representative suggested transferring the vehicle to another military unit that could repair and use it further. The lawyer agreed to this proposal on the condition that the client would not be held administratively liable with a fine. Regardless, the client had no intention of reclaiming the vehicle. Still, if the court had imposed a fine, she would have had to demand the vehicle’s return to compensate for the fine through its sale.

As a result, the court found the client guilty of an administrative violation under Part 6 of Article 481 of the Customs Code of Ukraine, imposing a penalty in the form of vehicle confiscation and transferring it to the needs of another military unit.