Historical Aspect of Establishment of Legal Liability for Smuggling (ARTICLE 201-3 OF THE CRIMINAL CODE OF UKRAINE)

Abstract

Objective. The study is aimed at analyzing the development of criminal law regulation of smuggling in Ukraine, taking into account historical changes, economic and geopolitical challenges. The author examines the transformation of legislative norms from the Soviet period to the present day, as well as the impact of European integration processes and armed aggression of the Russian Federation on approaches to combating smuggling.

Methods. The study uses the formal legal method to analyze the changes made to the criminal legislation of Ukraine, the comparative legal method to compare national and international experience in combating smuggling, and the historical and legal method to trace the evolution of the legal regulation of the criminal offense under consideration.

Results. It is established that in the Soviet period, smuggling was considered a particularly dangerous crime against the State, and sanctions included imprisonment and confiscation of property. After gaining independence, Ukraine maintained a tough approach to combating smuggling, but in 2011, the illegal movement of goods was decriminalized, which led to negative economic consequences. In 2021, criminal liability for smuggling was reinstated due to the growth of the shadow economy and budget losses. The impact of the war on Ukraine's customs policy, in particular, strengthening control over strategic goods and the introduction of digital tools in the fight against smuggling, is also considered.

Conclusions. The study demonstrates that the criminal law regulation of smuggling in Ukraine is dynamic and undergoes changes in accordance with domestic economic and international challenges. The current trend is towards toughening sanctions for this crime, which is driven by the need to ensure economic stability and protect national security. Further prospects for the development of legislation in this area should be based on international standards, the expansion of digital control and increased responsibility for corruption risks in customs authorities.