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Mitigation of punishment for non-payment of customs duties offered in Kyrgyzstan

It is offered to mitigate the penalty for non-payment of customs duties by increasing the amount of evasion from payment for qualifying the severity of a crime. The State Customs Service made such a proposal.

Currently, evasion of payment of customs duties on a large scale is the fact of their non-payment in an amount that is 1,000 times higher than the calculated rate (100,000 soms), in an especially large amount — five thousand times higher than the calculated rate (500,000 soms).

Since January 1, the single Customs Code has been in effect on the territory of the Eurasian Economic Union countries. In this regard, it is necessary to determine the damage and punishment for a crime according to unified principles.

Legislation should provide sufficiently high and economically adequate sanctions for non-payment or understatement of customs duties. The current amounts of evasion from payment of customs duties have become obsolete. In addition, they are the lowest in the EEU. For example, in Russia, the threshold amount at which criminal liability for evading customs duties arises is 2 million rubles.

Differences in threshold amounts lead to the development of schemes, when goods are imported by criminal means through countries that are most loyal to a customs offense.

To set proportionate sanctions for crimes, it is necessary to increase the amount of evasion from payment of customs duties for qualification as evasion in a large amount — up to 10,000 calculated rates (1 million soms), in an especially large amount — up to 30,000 calculated rates (3 million soms).

In case of voluntary repayment of the entire amount, including fines, criminal prosecution is to be terminated at any stage of the process.