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State Emblem of Ukraine
Case No. 686/20612/26
Proceeding No. 3/686/4797/26
JUDGMENT
IN THE NAME OF UKRAINE
14 October 2026, city of Khmelnytskyi
The Khmelnytskyi City District Court of Khmelnytskyi Region, represented by Judge Lunia R.V., with the participation of a representative of the Khmelnytskyi Customs Surnyk A.Yu., defense counsel Suvorova Yu.I., having examined the case on bringing to administrative responsibility PERSON_1, INFORMATION_1, resident of ADDRESS_1, employed as director of LLC “VOLER IMPORT,”
under part 1 of article 483 of the Customs Code of Ukraine, -
established the following:
According to the protocol on violation of customs rules No. 0044/UA400000/2026, 04.06.2025 at 22 hours 51 minutes, within the jurisdiction of the Lviv Customs (Ugryniv-Dolhobychiv checkpoint of the Ugryniv customs post) through the customs border of Ukraine from the territory of the Republic of Poland, a commercial vehicle with registration number PLATE_1, under prior customs declaration No. 25UA400040013307U0 to the address of LLC “VOLER IMPORT,” transported the goods “DJI MAVIC 3T unmanned aerial vehicles” in the quantity of 50 sets, gross weight 280,00 kg, total value 305000 US dollars (or 12 699742,50 UAH at the NBU exchange rate at the time of the goods’ movement across the customs border of Ukraine).
05.06.2025 the above goods were delivered to the Khmelnytskyi Customs and on the same day declared by individual entrepreneur PERSON_2 (code NUMBER_2) on the basis of a direct representation customs-brokerage services agreement dated 02.06.2025 No. 29 between individual entrepreneur PERSON_2 and LLC “VOLER IMPORT” (EDRPOU 45153494) represented by director PERSON_1, were presented for customs control and clearance to the customs clearance department No. 1 of the “Khmelnytskyi” customs post of the Khmelnytskyi Customs under customs declaration type IM40DE No. 25UA400040013338U2, processed and released into free circulation with application of the exemption from payment of customs duty and value added tax (exemption code “235” - Temporarily, during the period of martial law in Ukraine, but not later than 01 January 2026, goods under the codes specified in paragraph 924 of section XXI “Final and Transitional Provisions” of the Customs Code of Ukraine, imported (sent) to the customs territory of Ukraine by enterprises or citizens).
According to the documents submitted together with prior customs declaration No. 25UA400040013307U0 and customs declaration type IM40DE dated 05.06.2025 No. 25UA400040013338U2, the supply of the aforementioned goods was carried out from the territory of the Republic of Poland pursuant to the terms of supply agreement No. 08/10-2024 dated 08.10.2024 and specification No. 11 dated 02.06.2025 thereto, concluded between the seller company “WestTradeGroup Sp. z o.o.” (20-262 Lublin, ul. B. Dobrzanskiego 1, Poland) and the buyer - LLC “VOLER IMPORT” (Ukraine). As the basis for moving these goods across the customs border of Ukraine, the following documents served, without which it is impossible to obtain permission to move across the customs border and permission to carry out customs clearance of the goods, namely: invoice from 02.06.2025 No. 202506232 for goods of Chinese origin - “DJI MAVIC 3T” in the quantity of 50 pcs., total value 305 000,00 US dollars, issued by the seller - company “WestTradeGroup Sp. z o.o.” (Republic of Poland) to the buyer - LLC “VOLER IMPORT” (Ukraine); CMR consignment note dated 02.06.2025 No. 20250602 for goods loaded 02.06.2025 in Dorohusk (Republic of Poland) onto the vehicle registration number PLATE_1: goods “DJI MAVIC 3 T” in the quantity of 50 sets, gross weight 280,00 kg, sender indicated as company “WestTradeGroup Sp. z o.o.” (Republic of Poland), consignee - LLC “VOLER IMPORT” (Ukraine); also provided for clearance was export customs declaration MRN No. 25PL301010011LRMB0 dated 04.06.2025, which lists goods “MAVIC 3 Thermal drones” in the quantity of 80 sets with total value 305 000,00 US dollars, gross weight 280,00 kg, sender company “WestTradeGroup Sp. z o.o.” (Republic of Poland), consignee - LLC “VOLER IMPORT” (Ukraine), invoice No. 202506232 and delivery terms DPU Khmelnytskyi (Ukraine).
As a result of processing the information provided by the customs authorities of the Republic of Poland, it was established that according to the sent export customs declaration MRN No. 25PL301010001LRMB0 the sender was the company “WestTradeGroup Sp. z o.o.” (Republic of Poland) and the consignee was LLC “VOLER IMPORT”; by commercial vehicle with registration number PLATE_1 on EXW DOROHUSK terms from Poland to Ukraine were exported/sent the goods “MAVIC 3Thermal drones” and “MAVIC 3 ENTERPRISE drones” in the amount of 80 sets with declared value 274 352 US dollars. According to the CMR dated 02.06.2025 No. 20250602, goods “DJI MAVIC” in the quantity of 80 sets, gross weight 480,00 kg were loaded 02.06.2025 in Dorohusk (Republic of Poland) onto the vehicle registration number PLATE_1, sender was company “WestTradeGroup Sp. z o.o.” (Republic of Poland), consignee - LLC “VOLER IMPORT.” According to the invoice dated 03.06.2025 No. F/001466/25 the seller/taxpayer “WestTradeGroup Sp. z o.o.” (Republic of Poland) sold to the buyer/taxpayer - LLC “VOLER IMPORT” (Ukraine, Zaporizhzhia) the goods: “MAVIC 3Thermal” drones in the quantity of 50 sets at the price of 3 950,65 US dollars per unit, value 197532,50 US dollars, and “MAVIC 3 ENTERPRISE” drones in the quantity of 30 sets at the price of 2560,65 US dollars per unit, value 76819,50 US dollars. The total value of the goods on the invoice dated 03.06.2025 No. F/001466/25 is 274 352 US dollars. Also, according to the export confirmation notification for MRN No. 25PL301010001LRMB0, the goods “MAVIC 3 Thermal” drones and “MAVIC 3 ENTERPRISE” drones in the quantity of 80 sets for the total amount of 274 352 US dollars, gross weight 480,00 kg were moved beyond the customs territory of the Republic of Poland to Ukraine.
Thus, the information stated in the sent documents regarding the sender, consignee, vehicle registration number, and CMR number corresponds with the customs clearance documents under customs declaration type IM40DE dated 05.06.2025 No. 25UA400040013338U2; however, there are differences in the names, quantities, values of the goods, and their terms of delivery, which are regarded as indicating in the actions of PERSON_1 signs of the offense provided for in part 1 of article 483 of the Customs Code of Ukraine.
Having heard the participants and examined the case materials, the court reached the following conclusion.
The disposition of part 1 of article 483 of the Customs Code of Ukraine defines the composition of the administrative offense consisting of moving or acts aimed at moving goods across the customs border of Ukraine with concealment from customs control, i.e., by using specially made hiding places (concealments) and other means or methods that impede detection of such goods, or by representing some goods as others, or by submitting to the revenue authority forged documents or documents obtained unlawfully, or documents containing false information regarding the names of goods, their weight (taking into account permissible losses under proper storage and transportation conditions) or quantity, country of origin, sender and/or consignee, number of cargo units, their markings and numbers, false information necessary to determine the commodity code according to the UCT FEA and its customs value.
As follows from the case materials, PERSON_1 committed acts aimed at moving the goods “MAVIC 3 Thermal drones” and “MAVIC 3 ENTERPRISE drones” in the quantity of 80 sets with a total value of 274 352 US dollars (11 423 605,75 UAH at the NBU exchange rate on the date of movement), across the customs border of Ukraine with concealment from customs control, by submitting to the customs authority as the basis for their movement documents, namely: invoice from 02.06.2025 No. 202506232, CMR dated 02.06.2025 No. 20250602 and export customs declaration MRN No. 25PL301010011LRMB0 dated 04.06.2025, which contain false information regarding the names of the goods, their quantities and delivery terms and false information regarding the invoice value.
According to articles 201-3 of the Criminal Code of Ukraine, smuggling of goods is the movement of goods across the customs border of Ukraine outside customs control or with concealment from customs control (except for excise goods and electrical energy) committed in a large amount. According to the note to that article, acts are considered committed in a large amount if the total value of smuggled items is five thousand or more times the non-taxable minimum of citizens' income.