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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of July 21, 2021 No. 3-r (II)/2021

On case on the constitutional claim of Odintsova Elena Anatolyevna concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of paragraph two of Article 471 of the Customs code of Ukraine

Case No. 3-261/2019(5915/19)

The second senate of the Constitutional Court of Ukraine as a part of judges:

Golovaty Sergey Petrovich - the chairman, Gorodovenko Victor Valentinovich - the speaker, Lemak Vasily Vasilyevich, Moysik Vladimir Romanovich, May Day Oleg Alekseevich, Slidenko Igor Dmitriyevich, Yurovskaya Galina Valentinovna,

considered at plenary meeting case on the constitutional claim of Odintsova Elena Anatolyevna concerning compliance of the Constitution of Ukraine (constitutionality) of separate provisions of paragraph two of Article 471 of the Customs code of Ukraine.

Having heard the judge-speaker Gorodovenko V. V. and having researched case papers, the Constitutional Court of Ukraine

established:

1. Odintsovo E.A. appealed to the Constitutional Court of Ukraine with the petition to check for compliance of the Constitution of Ukraine (constitutionality) of separate provisions of paragraph two of Article 471 of the Customs code of Ukraine (further - the Code) which determine responsibility for violation of procedure for passing of customs control in zones (corridors) of the simplified customs control.

The author of the petition considers that contents of "sanction" of article 471 of the Code do not correspond to Article part one 8, to parts one, the fourth, sixth article 41 of the Constitution of Ukraine as assumes disproportionate, unbalanced, unjust punishment in the form of confiscation of means, turnover and which cross-border movement by any regulating document it is not forbidden and is not limited; application of collection in the form of confiscation according to the specified article of the Code is uncontested, nonflexible and categorical therefore disproportionate, unfair and does not correspond to the principle of supremacy of law, and also looks excessive property burden for the citizen, does not correspond to public concerns and is intervention of the state in peaceful ownership of property.

2. Resolving the questions which are brought up in constitutional to the claim, the Constitutional Court of Ukraine proceeds from the following.

2.1. According to the Fundamental Law of people, his life and health, honor and advantage, immunity and safety are recognized Ukraine the highest social value; human rights and freedoms and their guarantees determine content and orientation of activities of the state (part one, the first offer of part two of Article 3); in Ukraine the principle of supremacy of law is recognized and is effective (Article part one 8); human rights and freedoms are inaliennable and indestructible (the second offer of Article 21).

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