Publications Non Customs Vehicles in Ukraine

A significant number of cars with European plates are moved daily by Ukrainian roads. This is not surprising, considering that used cars of prestigious foreign brands are sold abroad at a much lower price than in Ukraine. The reason for this is the payment of customs duties by importers.
There are no cases of vehicles being imported into the territory of Ukraine without payment of customs duties in the form of temporary importation (up to 1 year). Such vehicles are issued to citizens of a foreign State, but the actual use of the means of transport is carried out by citizens of Ukraine.

Many drivers have been travelling in such vehicles for years in the hope that they will not be stopped by police officers and that the date of entry into Ukraine and the whereabouts of the foreign national on whom the vehicle is registered will not be verified.

17.05.2017 The Supreme Administrative Court of Ukraine, in its ruling in case K/800/16514/17, stated that if a foreigner imported vehicles into Ukraine without payment of customs duties under the temporary importation regime (up to 1 year)The use of such a vehicle shall be for specific purposes only (personal use, etc.). For example, when a foreigner imports a car into the territory of Ukraine under a regime of temporary importation for personal use and then transfers such a car to a citizen of Ukraine by proxy, provided that the citizen of Ukraine is aware of the status of the car, A Ukrainian citizen may be fined for evading the payment of a customs duty amounting to 300 per cent of the customs tax payable. For example, in the above-mentioned case the fine was 419,593.89 UAH.

We draw your attention to the decision of the Odessa Administrative Court of Appeal of 14 June 2017, 500/58/17, which clearly states that it is the foreigner who is responsible for the transfer of non-customs vehicles by proxy to Ukrainian citizens.

In this case, it is of fundamental importance that a citizen of Ukraine, on whom a power of attorney has been issued for the use of a non-customs vehicle, is aware that the customs duty when a vehicle crosses the border of Ukraine has not been paid, and the vehicle was temporarily imported.

If the customs authorities can prove such knowledge of a Ukrainian citizen, it is likely that the fine will be imposed on a Ukrainian citizen and not on a foreigner. If there are substantial grounds for believing that a citizen of Ukraine was not aware of the status of the vehicle when the power of attorney to use it was drawn up, a fine will also be imposed by the customs authorities on a foreign national, who put the car into use by proxy.

According to some data, there are more than 500,000 non-Russian vehicles with foreign plates in the territory of Ukraine.

It is important to bear in mind that for the past 24 hours of transit import a foreign national is obliged to pay 85 hryvnias. up to 10 days - 3,400 hryvnias. and more than 10 days - 8500 UAH. It should be understood that, if a foreigner fails to pay the fine, the vehicle may be taken to the penalty area, even from a Ukrainian national who uses the vehicle.

According to the legal norms of the Law of Ukraine «On the National Police», policemen do not have the right to control the observance of customs rules by citizens, However, there is an automated exchange of information between the police and the Fiscal Service of Ukraine on vehicles crossing the Ukrainian border. Consequently, patrolmen are entitled to transmit information about a non-customs vehicle to the Fiscal Service, which in turn is entitled to the Customs Service of Ukraine, which has the power to impose a fine for violation of customs regulations.

If you have decided to buy a «non-customs» car, then you must understand that you are not legally the owner of the new vehicle and the documents given to you at the time of purchase will not be proof of ownership.

Lawyer in Kharkiv

recommend reading
Obtaining a housing subsidy

The cost of utilities is a heavy burden on citizens, and the State is trying to establish a mechanism…

Is it possible not to pay the loan during the quarantine?

Credit and legal relations arise in holy places with receipts of money on conditions of return, urgency,…

Procedure for obtaining child support in Ukraine in 2020: how to collect alimony?

Currently, a popular form of legal services is assistance in obtaining maintenance for a minor child. Maintenance…

How do I make amends for a car in the pit?

The state of pavement on the roads of Ukraine is close to critical, as the owners of vehicles are well…