Combating commodity smuggling in Ukraine: in search of the optimal legislative model

The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods (Registration # 5420 of April 23, 2021). Author's proposals on the relevant improvements of criminal legislation have been put forward and substantiated.

Automated summary

The paper aims to identify the optimal legislative model of criminal law against commodity smuggling in Ukraine, drawing on the experiences of foreign countries, primarily the European Union. Research methods include comparative law, system analysis, formal logic, and modeling to analyze criminal legislation, proving hypotheses and formulating conclusions. The study clarifies the social conditions of criminalizing smuggling of goods based on achievements in criminal law science, law enforcement practice, sociological surveys, and analysis of relevant bills. The foreign experience in criminalization of commodity smuggling in European Union legislation is investigated, with critical consideration of legislative initiatives in this area and proposals for relevant improvements in criminal legislation put forward and substantiated.