The European Court of Human Rights (ECHR) delivered a judgment concerning three Ukrainian citizens who complained about disproportionate sanctions in customs cases. The applicants were fined and had their undeclared cash confiscated at Ukrainian border crossings for exceeding permitted limits without declaration.The Court found that there was a violation of Article 1 of Protocol No. 1 (protection of property) in all three cases. The key issue was the disproportionate nature of the sanctions, which included both the confiscation of all excess cash and additional fines. The Court maintained its position established in previous similar cases (Yaremiychuk and Others v. Ukraine, Sadocha v. Ukraine).The main provisions of the judgment include:
- The Court found that imposing both confiscation and fines constituted a disproportionate burden on the applicants
- The finding of a violation was considered sufficient just satisfaction for non-pecuniary damage
- For pecuniary damage, the Court awarded compensation to two applicants (8,600 EUR and 8,053 EUR respectively)
- The Court emphasized that finding a violation does not mean the applicants should not bear any responsibility for failing to declare cash
The judgment is particularly significant as it reinforces the Court’s position on the proportionality of customs sanctions in Ukraine. It establishes that while states have the right to control the movement of currency across borders, the sanctions imposed must not be disproportionate to the offense committed.
