Current issues against smuggling in Ukraine

Abstract

It is determined that in Ukraine there is an administrative and criminal liability for smuggling. Therefore, depending on the legal responsibility that is provided during the implementation of smuggling, smuggling is divided into: 1) smuggling, for which criminal liability is provided; 2) smuggling, for which administrative liability is provided. In addition, it is concluded that based on the definition of smuggling and directly the objects of smuggling, the following types of smuggling can be distinguished: 1) smuggling of historical and cultural values; 2) smuggling of explosives, radioactive materials, weapons or ammunition (except for smooth-bore hunting weapons or ammunition), parts of firearms; 3) smuggling of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine; 4) smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or falsified drugs; 5) smuggling of special technical means of covert receipt of information; 6) others. It has been established that in addition to the listed items of smuggling, criminalization requires the smuggling of valuable and rare species of animals and plants and (or) endangered animals and plants, microbiological or other biological agents or toxins, transplant organs or human tissues, etc., as well as some types of smuggling in the field of transportation of goods and materials. Therefore, it is proposed to supplement the definition of smuggling by moving across the customs border of Ukraine outside customs control or with concealment from customs control of alcoholic beverages, tobacco products committed in significant amounts. And also Art. 201 of the Criminal Code to supplement the provisions on smuggling of alcoholic beverages, tobacco products committed in large amounts and in especially large amounts, as well as committed by prior conspiracy by a group of persons or a person previously convicted of a crime under this article or an official using official position. It is determined that in accordance with the most common classification of state bodies by the criterion of the breadth of competence, there are state bodies of general and special competence. If we follow this classification, the general bodies of counteraction to smuggling are state bodies of general competence, which are the Cabinet of Ministers of Ukraine, the President of Ukraine, the Verkhovna Rada of Ukraine. The bodies of special competence are the security forces, judicial and law enforcement agencies.