Application of the rule of law principle in the consideration of cases of violation of customs regulations: national and international aspect

Abstract

The subject matter of the study is the segmental manifestation of the rule of law principle in court cases on bringing to administrative liability for violation of customs rules both at the national and international levels. The purpose of the study is to investigate the practical application of the rule of law principle in cases of administrative liability for violation of customs rules. Methodology. In the course of the research, the author used general and special method of system analysis, the dialectical method, the formal logical method, and the structural and functional method, as well as a number of empirical methods. In particular, the method of comparison was used to study the subject matter of the article in comparison with national and international case law. The results of the study showed the need for: qualitative consideration of the rule of law principle in terms of the need to reform the provisions of the Customs Code of Ukraine with a view to taking into account proportionality as an element of the rule of law principle. Conclusion. The article examines the main features of the application of the rule of law principle in cases of bringing to liability for violation of customs rules. The author states the need for amendments to the Customs Code of Ukraine to establish individualization of penalties. The author makes a conclusion that national practice and international judicial practice are identical and that the basic principles are used to restore justice and restore citizens’ rights.