Problem

2.3.4. Interference by law enforcement agencies in the work of customs authorities and abuses committed when an order to carry out re-inspection of goods is communicated

General information about the problem

One of the main problems of customs operations is the interference of law enforcement agencies in the customs inspection procedure. Law enforcement officers, in particular the Security Service of Ukraine and the National Police, are authorized to initiate a wide range of actions involving access to the declarant’s goods, reloading, unpacking, etc. At the same time, the Customs Code of Ukraine stipulates that interference by law enforcement officers in the customs inspection procedure is expressly prohibited.
The available statistics indicate that the quality of law enforcement agencies’ orders concerning possible violations of the law during customs clearance of goods is low, and in some cases these orders do not meet the requirements of the law and therefore cannot be performed by the customs authorities. This situation creates additional factors that foster corruption, and business entities incur additional losses.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 1
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
2 1
3
Implemented In progress
Measures implemented (fully and partially) - 2 (66.7%)

Deadlines for all measures

01.03.2023 - 31.12.2025

Implementation of SACP measures within the scope of the Problem by main main performers

State Customs Service of Ukraine

50%
2

Ministry of Finance of Ukraine

100%
1

Achievement of ESR within the limits of the Problem

The total number of OSR – 1

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 2.3.4.1 The grounds for interference by law enforcement officers in the work of customs authorities and their presence in customs control zones outside of criminal proceedings have been minimized 2.3.4.1.1. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine on amendments to the resolution of the Cabinet of Ministers of Ukraine dated May 23, 2012, No. 467, according to which Clause 14 and the appendix to the exhaustive list have been removed from the exhaustive list of grounds on which goods and commercial vehicles can be inspected (re-inspected) by revenue and taxation authorities of Ukraine Ministry of Finance of Ukraine The measure was not implemented on time and in full Implemented
200% 6/ 3
1.2. 2.3.4.1.2. Maintaining statistics on inspections (re-inspections) of goods as well as other forms of customs control based on official information received from law enforcement agencies State Customs Service of Ukraine There is progress in the implementation of the measure In progress
1.3. 2.3.4.1.3. Arranging an analytical study on the sufficiency of legislative guarantees prescribed by the Customs Code of Ukraine, which ensure the protection of the rights of individuals against abuse during inspections (re-inspections) of goods on the basis of official information received from law enforcement agencies State Customs Service of Ukraine The measure was implemented on time and in full Implemented

Key sources on the state of the problem:

Assessment of the situation by international monitoring mechanisms and organizations: