Buying a vehicle in the USA has recently become quite popular among motorists in Ukraine.
The market value of a vehicle in the US is usually lower than the market value of one in the EU or Ukraine.
Despite the attractive prices of vehicles in the USA, you should treat the purchase of a vehicle responsibly and do not forget about the legal procedures for passing the customs clearance of the car, as well as the need to pay the necessary customs payments and fees.
Violation of the legal procedure for customs clearance of a vehicle, and as a result of its acquisition, results in criminal proceedings against business entities – importers due to the assignment of losses to the state, however, despite this, the most negative consequences are experienced by ordinary citizens who are owners of vehicles means
Quite often, owners of vehicles are stopped by the police, and under the pretext of checking documents, it turns out that the car is under arrest.
THE CAR IS IMMEDIATELY REMOVED FROM THE DRIVER AND PLACED ON SPECIAL STORAGE AREAS
In the future, it turns out that the vehicle was imported into the territory of Ukraine illegally, namely: the necessary customs payments and fees were not paid, or only the body was cleared, not the car as such, or the car with such a body number did not pass at all customs clearance.
Yes, the investigating judge of one of the local courts, at the request of the prosecutor, seized more than 150 trucks.
The reason for the arrest was that the car as such did not undergo customs clearance at all, but only its body, which is not entirely consistent with customs legislation, since the cost of customs payments and fees in such a case is different.
Later, on the basis of forged documents of the business entity, the service center registered the vehicle for the new owner, and therefore the state actually suffered losses in the form of non-receipt of customs payments and fees in the required amount.
In order to comply with the court’s decision to impound cars, police officers seized more than 100 vehicles – trucks from drivers who were on regular routes.
In another case, the investigating judge of one of the local courts, at the request of the prosecutor, seized more than 50 vehicles, citing the fact that the vehicles did not pass customs clearance at all, and did not enter the territory of the state of Ukraine with the specified identification data .
A SIMILAR SITUATION BEFELL THESE DRIVERS ON THE ROADS OF UKRAINE
How should a car owner act in such a case, if his car is seized as part of criminal proceedings?
In view of the fact that the vehicle passed customs clearance illegally and contrary to the established legal procedure defined by the customs legislation, the investigator recognizes the latter as physical evidence, as it is the object of a criminal offense and has retained traces of the commission of the crime, and therefore is an independent basis for the court to arrest him.
- The investigator’s decision to recognize the car as physical evidence is not challenged in court, and can be overturned by the prosecutor as unfounded, which, in general, is extremely rare.
- The owner of the vehicle, being deprived of the opportunity to own his car in full, in such a case must immediately apply to the court to cancel the seizure of his car.
- While the pre-trial investigation is ongoing, it is extremely difficult to completely cancel the seizure of a car that has passed customs clearance illegally and outside of the established order of passing the customs procedure.
Thus, the negative consequences are unfairly and unreasonably borne by the car owner.
Before buying a vehicle from the USA, it is recommended to check the legality of customs clearance, conduct a thorough analysis of available documents, check how customs clearance was carried out, and whether the necessary customs payments and fees have been paid.
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