Constitutional justice and cars: why does the decision of the Constitutional Court of Ukraine No. 1-r(II)/2025 make us think about the limits of law?
On January 15! 2025! the Second Senate of the Constitutional Court of Ukraine Fresh decision issued a decision on the constitutional complaint of Artur Boyarov . This decision became a turning point in the long-standing debate about the legal nature of temporarily imported vehicles. But does it really settle the issue! or perhaps raise new questions?
What was the subject of consideration?
The problem concerned paragraph one of part five of Article 380 of the Customs Code of Fresh decision Ukraine. It establishes that temporarily imported vehicles for personal use may be used in Ukraine exclusively by those citizens who imported them! and only for personal needs. In other words! if you have imported a car! it is forbidden to hand over the steering wheel even to your wife or friend.
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Artur Boyarov! the owner of a vehicle imported into the customs territory of Ukraine! believed that this norm restricted his rights! in particular the right to property (Article 41 of the Constitution of Ukraine) and the does a business need versatile employees? right to be informed about his rights and obligations (Article 57 of the Constitution of Ukraine).
The Constitutional Court ruled that the contest norm is constitutional
Therefore! a dilemma arises: can such a decision be considered a final resolution of the conflict between state interests and citizens’ rights?
Constitutionality through the prism of proportionality
The court based its decision on an analysis of the legitimate aim awb directory and proportionality. At first glance! the logic is clear: the state seeks to prevent the misuse of foreign-registered vehicles. Such cars are often us to avoid paying customs duties or liability for traffic violations.
