Perspective on Criminalization of Smuggling of Goods

Abstract

The article examines the perspective on criminalization of smuggling of goods arising in connection with the Draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on criminalization of smuggling of goods and excisable goods and inaccurate declaration of goods» (№ 5420). The Draft Law provides for the following criminal offenses: smuggling (Article 201); transporting across the customs border of Ukraine out of customs control or with concealment from customs control of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export out of the customs territory of Ukraine (Article 201-1); smuggling of goods (Articles 201-2); smuggling of excisable goods (Articles 201-3); smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or falsified medicines (Article 305). They form a homogeneous group of actions, between which there must be systemic connections. It follows that the reasons for formulating the peculiar title of Article 201-1 are missing. The title of this article should be formulated as follows: «Smuggling of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export out of the customs territory of Ukraine». It was found that Article 201-2 of the Draft Law provides for the general description of a criminal offense, and the description of criminal offenses specified in Articles 201, 201-1, 201-3 and 305 of the Draft Law are peculiar. In this regard, it seems appropriate to swap the Criminal Law provisions of Articles 201 and 201-2 of the Draft Law. In Section 4 of Article 201-4 of the Draft Law, the phrase «assistance in any form by a customs official to commit such acts with the use of power or official position» is not a qualifying feature, but an independent structure. If there is a need to criminalize this act, it may be provided for in a separate article or should be specified in a separate section of Article 201-4 of the Draft Law as an independent act. It is established that on the one hand, the criminalization of smuggling of goods is an urgent need in Ukraine, on the other side the present Draft Law of Ukraine cannot effectively address this issue, as it requires additional elaboration.