Case description
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.
