The case of state inspector Oleksandr Dutko on customs abuse

The case of state inspector Oleksandr Dutko on customs abuse
Start of the trial 20 June 2023
Date of verdict 12 June 2024
Instance HACC AC
Stage of criminal proceedings Appeal proceedings

The HACC acquitted state inspector Oleksandr Dutko, who was accused of improperly conducting customs control of a car and cargo. It has not been proven that Dutko received any of the advantages he was charged with.

Oleksandr Dutko, chief state inspector of Customs Clearance Department No. 2 of the Luzhanka Customs Post of Zakarpattia Customs, was accused of abuse of office. The prosecutor's office argued that Dutko intentionally failed to conduct proper customs control of a vehicle and its cargo, which led to non-payment of customs duties. The case refers to the import of smuggled iPhones worth more than UAH 87 million in 2022. According to the prosecution, this caused the state more than UAH 14 million in losses.

However, the court did not find sufficient evidence to support these allegations. In particular, Dutko had no intent to abuse his power. The court also considered that the defendant had worked at the customs for over 20 years and had a good reputation. In addition, no evidence was found that Oleksandr Dutko had a mercenary motive to commit the actions charged against him.

Although Dutko's actions could not be qualified as abuse of authority/office, the official was punished for a disciplinary offense. In September 2022, Dutko was dismissed from the position of the chief state inspector of Customs Clearance Department No. 2 of the Luzhanka Customs Post in the Zakarpattia region. 

Dutko was charged under Article 364(2) of the Criminal Code of Ukraine, with a possible sentence of 3 to 6 years in prison. However, the HACC acquitted him and also left without consideration the civil claim of the prosecutor's office for damages.

Proceeding No. 62023140160000049
Case No. 991/5399/23
Date the hearing was scheduled 22/06/2023
Qualification
Article 364, part 2
Instance Key parties
HACC AC 13/10/2025 Panel of judges: Mykhailenko D.H.
CCC 06/03/2025 Panel of judges: Antoniuk N.O.
HACC AC 22/07/2024 Panel of judges: Kaluhina I.O.
HACC 20/06/2023 Panel of judges: Salandiak O.Ya.
THE CASE OF OLEKSANDR DUTKO
Appeal proceedings

Zakarpattia customs inspector Oleksandr Dutko was acquitted on charges of improper customs control, which allegedly resulted in the import of smuggled iPhones worth over UAH 87 million.

  • pic
    February 18, 2023
    Dutko was served with a suspicion notice
  • February 27, 2023
    The case was transferred to the jurisdiction of the NABU
  • May 18, 2023
    The Prosecutor General again referred the case to the SBI
  • June 20, 2023
    The HACC received an indictment
  • pic
    June 10, 2024
    The HACC acquitted Dutko without finding corpus delicti

Decisions from the Register

Case No. Court Decision date Decision type
991/5399/23 HACC 20/06/2023 On the appointment of a preparatory court hearing
991/5399/23 HACC 31/07/2023
991/5399/23 HACC 31/07/2023 Decision on the implementation of remote court proceedings
991/5399/23 HACC 31/07/2023
991/5399/23 HACC 04/08/2023 Decision on the implementation of remote court proceedings
991/5399/23 HACC 09/08/2023
991/5399/23 HACC 09/08/2023
991/5399/23 HACC 09/08/2023
991/5399/23 HACC 09/08/2023
991/5399/23 HACC AC 15/08/2023
991/5399/23 HACC 23/08/2023 On the appointment of a trial
991/5399/23 HACC 23/08/2023 On the appointment of a trial
991/5399/23 HACC AC 23/08/2023
991/5399/23 HACC AC 23/08/2023
991/5399/23 HACC 06/10/2023 Decision on the implementation of remote court proceedings
991/5399/23 HACC 12/03/2024
991/5399/23 HACC 10/06/2024
991/5399/23 HACC 11/07/2024 Verdicts
991/5399/23 HACC AC 22/07/2024 Opening of appeal proceedings
991/5399/23 HACC AC 05/08/2024 Completion of the preparation and appointment of the appeal hearing
991/5399/23 HACC AC 02/12/2024 On non-granting of the appeal and leaving the verdict unchanged
991/5399/23 CCC 06/03/2025 Decision on the reclamation of materials
991/5399/23 CCC 06/03/2025 On the opening of cassation proceedings
991/5399/23 CCC 08/04/2025 On the completion of preparation and appointment of the cassation hearing
991/5399/23 CCC 30/09/2025 Resolution on partial granting of cassation appeals and the appointment of a new hearing in the court of the first or appellate instance
991/5399/23 HACC AC 13/10/2025 Opening of appeal proceedings
991/5399/23 HACC AC 23/10/2025 Completion of the preparation and appointment of the appeal hearing