Constitutional Court Decision Regarding the Constitutionality of the Customs Code of Ukraine Norm
The decision concerns the constitutionality of a norm in the Customs Code of Ukraine that limits the use of temporarily imported personal vehicles exclusively to the citizens who imported them. Structurally, the decision consists of an analysis of:
• Property rights under the Constitution of Ukraine and international treaties
• Possibilities of property rights limitation by the state
• Compliance of the limitation with proportionality and legal certainty criteria
Key Provisions:
• The Constitutional Court recognized the norm as constitutional, as the property rights limitation is proportional and justified for protecting the state’s customs interests
• The limitation is temporary and applies only while the vehicle is on the customs territory of Ukraine
• The owner has the right to choose the customs regime and can modify it
• The prohibition does not apply to yachts and other leisure watercraft
• There is no liability for transferring the vehicle if the person who imported it is present in the vehicle
