Ensuring access to justice in proceedings concerning customs violations in Ukraine: legislative changes in 2023–2025)

The article is devoted to a systematic analysis of ensuring access to justice in cases of customs violations in the context of the transformation of customs legislation and the active introduction of digital technologies in customs affairs. It is argued that the right to access to justice, guaranteed by Article 55 of the Constitution of Ukraine, is particularly relevant in the context of high legal norm-setting dynamics and the complex legal nature of customs relations. It has been determined that access to justice is not always realistic. This is because participants in foreign economic activity often face information inequality, financial barriers, short appeal deadlines, and the need to engage specialised experts. The article analyses significant legislative changes in 2023–2025 regarding sanctions for customs violations, their compliance with the principle of proportionality, and the individualisation of liability. Attention is drawn to the legal positions of the Constitutional Court of Ukraine, which have catalysed the revision of the sanctions policy, and the importance of the transition from a punitive to a balanced model of administrative liability is emphasised. It is noted that limited access to cassation review and the fragmentation of judicial practice create risks of unequal application of customs legislation by courts of different instances. A separate section is devoted to the analysis of challenges related to the use of digital evidence in customs disputes. It has been proven that modern scanning complexes, automated risk analysis systems and artificial intelligence technologies are changing traditional standards of proof, while at the same time creating the problem of access to technical information, algorithms and digital event logs. It has been determined that without regulatory procedures for collecting and evaluating such evidence, there is a danger of formally and uncritically accepting it as reliable. The article substantiates the need to review the mechanisms for the temporary seizure and storage of goods, which often cause irreparable damage to a person’s rights even before the case is decided by the court. It has been determined that the development of electronic justice and the integration of digital services of customs and judicial authorities can significantly improve access to justice. It is concluded that further reform of customs legislation should be carried out taking into account European standards, the principle of the rule of law and the need to ensure real, rather than declarative, access to justice for all participants in customs legal relations.