Customs security of Ukraine: prospects for increasing the level of protection of interests

The article deals with the issues of prospects for increasing the level of protection of interests in the field of customs security of Ukraine, including through the expansion of institutional capacity of the State Customs Service in the field of law enforcement. The author analyses the existing functional powers of customs authorities in the field of combating criminal offences related to illegal movement of goods and items across the border. The current state and mechanisms of implementation of measures to combat smuggling and other crimes at the border are investigated. The importance of granting domestic customs authorities the right to carry out operational and search activities and conduct pre-trial investigations in smuggling cases is considered in detail. It is noted that after the entry into force of amendments to the legislation criminalising smuggling of goods, almost all law enforcement agencies in Ukraine, except for customs, have the authority to counter smuggling. At the same time, they are the only ones who can directly detect the facts of concealment of goods, objects and substances from customs control or movement outside customs control. The author emphasises that the customs administrations of almost all European countries have the powers of criminal prosecution and the right to conduct operational and investigative actions, which significantly increases the effectiveness of combating such crimes. Accordingly, without similar powers, the customs service of our country cannot count on a full partnership. The author emphasises the requirements and recommendations of the World Customs Organisation regarding the formation of institutional capacities of national customs administrations with the inclusion of the widest possible and unified range of law enforcement functions in their powers. The expansion of procedural powers will enable the Ukrainian customs service to become an equal partner in the interaction and exchange of intelligence with similar services of other countries in the fight against commercial fraud and drug trafficking. It is emphasised that the ability to detect illegal acts related to smuggling of goods, including through the use of operational and investigative measures, will enable customs authorities to ensure prompt and high-quality investigation of criminal offences and prosecution of both direct perpetrators and organisers of crimes. Ways of implementing international standards in the field of law enforcement procedures to strengthen border security are highlighted. An additional argument for the expansion of such opportunities is that the prospect of membership in the European Union imposes on Ukraine the task of protecting not only its own customs interests, but also the eastern borders of the EU as a whole.