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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of June 15, 2022 No. 4P (II)/2022

On case on Barsegyan Gevork Senekerimovich and Linenko Natalya Nikolaevna's constitutional claims concerning compliance of the Constitution of Ukraine (constitutionality) of Article 485 of the Customs code of Ukraine (concerning individualization of legal responsibility)

Case No. 3-321/2019(7780/19, 91/21)

The second senate of the Constitutional Court of Ukraine in structure:

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich (speaker),

Slidenko Igor Dmitriyevich,

Yurovskaya Galina Valentinovna (speaker),

considered at plenary meeting case on Barsegyan Gevork Senekerimovich and Linenko Natalya Nikolaevna's constitutional claims concerning compliance of the Constitution of Ukraine (constitutionality) of Article 485 of the Customs code of Ukraine.

Having heard May Day A.A. judges-speakers, Yurovskaya G. V. and having researched case papers, in particular line items which stated: chairman of the Verkhovna Rada of Ukraine Razumkov D. A.; scientists: The Dnipropetrovsk state university of internal affairs - the doctor of jurisprudence, professor, the vice rector Nalivayko L. R., the Kiev national trade and economic university - the Doctor of Engineering, professor Merezhko N. V., the doctor of jurisprudence, associate professor Zapototskaya A. V., the doctor of jurisprudence, professor Zadorozhnaya of G.V., the Kiev national university of Taras Shevchenko - Candidate of Law Sciences, the assistant to department of the financial law of law department Marinchak E. S., National aviation university - the doctor of jurisprudence, professor Kunev Yu. D., National university "Lviv Polyequipment" - the doctor of jurisprudence, professor, the head of the department of the constitutional and international law of educational and scientific institute of the right, psychology and innovative education Kovalchuk V. B., Candidate of Law Sciences, the associate professor of the constitutional and international law of educational and scientific institute of the right, psychology and innovative education Zabokritsky I. I., National academy of internal affairs - Candidate of Law Sciences, the associate professor, professor of department of the criminal law Vartiletskaya I. A., Candidate of Law Sciences, associate professor, head of the department of public management and administration Shepherd I.D., Candidate of Law Sciences, research associate of department of the organization of scientific activities and protection of intellectual property rights Palamarchuk K. V., university of the Public fiscal service of Ukraine - the doctor of jurisprudence, professor, the acting chief of department of the administrative right and process and customs safety Ryabchenko A. P., Candidate of Law Sciences, associate professor, head of department of enhancement of counteraction to customs offenses of Research institution of fiscal policy of Hom V. A. doctor of jurisprudence, associate professor, leading researcher of department of researches of general questions of fiscal policy of Research institution of fiscal policy Punda A. A., the Kharkiv national economic university of Semyon Kuznets - the Doctor of Economics, the associate professor, the head of the department of customs affairs and the taxation Tyshchenko V. F., the Kharkiv national university of internal affairs - Candidate of Law Sciences, the associate professor, the head of the department of law-enforcement activities and police of faculty No. 6 Panova I. V.; members of Scientific and advisory council of the Constitutional Court of Ukraine: Candidate of Law Sciences Grey M. I., Candidate of Law Sciences, associate professor Terletsky D. S., Candidate of Law Sciences Tomkina A. A., doctor of jurisprudence, professor Havronyuk M. I.; special advisers of the Constitutional Court of Ukraine: chairman of the Constitutional Court of the Republic of Moldova (2011-2017) to Tenasa A. Chairman of the Constitutional Court of Georgia (2006-2016) Papuashvili G., Constitutional Court of Ukraine

established:

1. Persons of law on the constitutional claim Barsegyan G. S., Linenko N. M. - appealed to the Constitutional Court of Ukraine with survey requests on compliance of the Constitution of Ukraine (constitutionality) of Article 485 of the Customs code of Ukraine (further - the Code) according to which:

"Article 485. The actions directed to illegal exemption of customs payments or reduction of their size, and also other illegal actions directed to evasion from customs payment

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