Zelensky signs law criminalizing smuggling

President Volodymyr Zelensky signed the Law "On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Criminalization of Smuggling of Goods and Excisable Goods, as well as False Declaration of Goods".

This information is contained in the card of the relevant draft law on the parliament's website, Ukrinform reports.

This law amends Articles 201 (Smuggling of Cultural Property and Weapons) and 201(1) (Smuggling of Timber and Valuable Tree Species) of the Criminal Code of Ukraine (CCU). At the same time, the CCU is supplemented by Articles 201(3) (Smuggling of Goods) and 201(4) (Smuggling of Excisable Goods), which establish criminal liability for smuggling of goods and excisable goods.

The document introduces thresholds for criminal liability. In particular, under Article 201(3) (Smuggling of goods) - it is considered to be committed in a significant amount if the total value of the smuggled goods exceeds UAH 6,710,000 or more, in a large amount - UAH 26,840,000 or more; under Article 201(4) (Smuggling of excisable goods) - committed in a significant amount if the total value of the smuggled goods (except for electricity) exceeds UAH 1,006,500 or more, in a large amount - UAH 2,013,000 or more.

The law also amends Article 216 of the Criminal Procedure Code, which deprives investigators of security agencies of the right to conduct pre-trial investigations in criminal proceedings under Article 201(1) of the CCU. It empowers detectives of the Bureau of Economic Security to conduct pre-trial investigations in criminal proceedings under Articles 201(1), 201(3), 201(4) of the CCU.

The pre-trial investigation of crimes under Article 201(1) of the CCU, which were registered in the Unified Register of Pre-trial Investigations before the date of entry into force of this law, continues to be carried out by security investigators.

Taking into account the reform of the Bureau of Economic Security planned for 2024, as well as the proposals of the Ministries of Justice and Finance, the law will enter into force in stages, with the introduction of criminal liability for smuggling of excisable goods starting on January 1, 2024, and smuggling of all other goods starting on July 1, 2024.

As Ukrinform reported, on December 9, the Verkhovna Rada adopted the law "On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on Criminalization of Smuggling of Goods and Excisable Goods, as well as False Declaration of Goods."

The adoption of this law was part of the requirements for receiving EUR 1.5 billion in macro-financial assistance from the EU.