Customs will be able to investigate crimes within its remit: what changes are coming to the code

Katerina Melnychenko
Katerina Melnychenko Deputy Editor-in-Chief
Customs will be able to investigate crimes within its remit: what changes are coming to the code
a border crossing point as an illustration of the amendments to the Customs Code concerning the law enforcement powers of customs authorities
The Ministry of Finance is preparing an updated version of the Customs Code, which is intended to grant law enforcement powers to customs authorities. This does not involve investigating all criminal cases, but rather offences and violations falling directly within the remit of customs.

This was announced by Finance Minister Serhiy Marchenko during a meeting of the temporary investigative commission in the Verkhovna Rada.

The Ministry of Finance is preparing an updated version of the Customs Code of Ukraine.

The new document provides for granting law enforcement powers to customs authorities.

According to Finance Minister Serhiy Marchenko, the new Customs Code is to include provisions allowing customs authorities to investigate crimes within their own sphere of responsibility.

“We consistently advocate for the practice whereby law enforcement functions should be vested in customs, in line with European practice. We are currently preparing a new Customs Code, which will provide customs with the specific ability to investigate crimes occurring directly within its sphere of responsibility,” Marchenko noted.

In fact, this is not about turning customs into a universal investigative body.

The idea is that the State Customs Service should be able to respond independently to violations where it directly observes schemes, documents, cargo and participants in operations.

Marchenko noted that this approach is in line with European practice.

These changes are part of a broader process of harmonising Ukrainian customs legislation with EU law.

The State Customs Service’s work plan for 2026 identifies the harmonisation of Ukraine’s customs legislation with EU legislation and international cooperation as one of its priorities.

The State Customs Service’s work plan also refers to the implementation of EU acquis provisions in the customs sphere into Ukrainian legislation.

Ukraine had previously adopted Law No. 3926-IX, which concerns the implementation of certain provisions of the European Union Customs Code.

The State Customs Service also reported that the draft of the new Customs Code of Ukraine had been finalised, taking into account comments from the European Commission and proposals from the business community.

The steering committee responsible for drafting the document approved the draft and submitted it to the government for approval.

At the same time, Marchenko acknowledged the existence of informal influence on the work of the customs service.

He expressed hope that the changes would help reduce such influence.

In particular, this refers to possible interference from other law enforcement agencies, “covert control” and the associated risks.

Thus, the updated Customs Code is intended not only to alter the powers of customs authorities but also to strengthen their autonomy in responding to violations within their own sphere.

As reported by ThePublic, competition for the head of the State Customs Service: three NABU detectives and a customs officer received the lowest scores for practical tasks.

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