How technology and systemic steps help stop "gray" imports – lawyer's comment
Kyiv • UNN
Modern technologies, online platforms and labeling will help fight "gray" imports. It is important to conduct information campaigns and monitor online sales.
Modern technologies open up wide opportunities for combating "gray" imports, and it is important to apply them comprehensively and systematically. This is the only way to ensure that users have access to high-quality, legal products with proper service and protection of rights. This was stated by Olga Zav'yazun, a lawyer in the Business Support practice at Juscutum, in an exclusive commentary for UNN.
Currently, the creation of online platforms to verify the authenticity of products from large companies by serial numbers and other identification details makes it possible to verify the legality of the goods
Among the effective measures, Zav'yazun also mentioned regional differentiation of products. In particular, it concerns the use of different model names for individual markets, special markings or adaptation of software, for example, the model code may end with the letters "UA", which is an element of marking official imports to Ukraine.
For example, companies such as EcoFlow, Apple and Samsung and a number of others have successfully implemented such systems that allow customers to check their device. This was done precisely to combat unofficial importers
The lawyer also noted that an important area in combating "gray" imports is informing the market. In her opinion, it is necessary to systematically conduct information campaigns that would explain to consumers the advantages of purchasing products from official sellers, as well as emphasize the potential risks of buying goods imported outside of legal imports. According to her, special attention should be paid to explaining issues related to warranty service, technical support and compliance of products with local standards.
In addition, the expert stressed the importance of continuous monitoring of the market by regulatory and law enforcement agencies, in particular, regarding online sales, because online commerce is one of the main channels for the distribution of unofficially imported goods.
An effective mechanism to counter the "gray" market may be to track the main online platforms, marketplaces, and websites of online stores to identify violations. At the same time, it is important to properly document them through control purchases and preservation of all evidence of illegal sales
Summing up, Olga Zav'yazun stressed that an effective fight against "gray" imports is possible only with a comprehensive approach that combines legal, technical and marketing tools. According to her, the key factors in this process are the systematic nature of actions and the coordinated interaction of all official market stakeholders.
She also stressed that investments in creating and improving the system of protection against unofficial imports at the state level should be seen not as costs, but as a strategically important component of long-term development. In her opinion, this approach will contribute to achieving sustainable results in combating "gray" imports and will ensure consumers access to high-quality, legal products with proper service and protection of rights.
Context
According to experts, the State Budget of Ukraine loses billions of hryvnias annually due to "gray" schemes of supply and sale of equipment. The problem is becoming increasingly widespread, covering not only small suppliers, but also large retail chains.
Thus, earlier the State Tax Service of Ukraine revealed schemes of VAT evasion for more than UAH 286 million in the activities of the Yabko and Yabluka retail chains. It turned out that these companies used up to 300 related individuals - entrepreneurs on a simplified taxation system. This approach allowed to minimize the tax burden and avoid responsibility.
UNN also reported on a leak of internal descriptions of "gray" schemes for the supply of Apple equipment in one of the small networks. According to the published information, the equipment is purchased through intermediaries in Southeast Asia - mostly new or refurbished devices. It is imported to Ukraine by minibuses with forged customs declarations, where cheap accessories are indicated instead of expensive gadgets. Experts suggest the existence of a so-called "green corridor" at customs, which makes it possible to move goods unhindered.
Subsequently, the equipment is sold through a wide network of stores, formally registered to hundreds of individual entrepreneurs. This allows sellers to avoid paying taxes and issuing fiscal receipts, keeping the bulk of transactions in the shadows.
The scale of illegal imports of Apple equipment is also confirmed by investigative journalist Andriy Plinsky. According to him, more than 5,000 devices are illegally imported into Ukraine every day. In the first quarter of 2025 alone, this caused budget losses of more than UAH 1.8 billion. At the same time, customs authorities are inactive - they limit themselves to formal reports and do not respond properly to the situation. Official statistics also indicate a significant discrepancy between the number of imported and activated devices. Thus, in the first quarter of 2025, about 48,000 iPhones were officially imported, while mobile operators registered more than 250,000 new devices. This indicates that more than 80% of the equipment enters the country illegally. The total volume of the Apple market during this period is estimated at more than UAH 11 billion, most of which is in the shadows. At the same time, customs officers found only 107 contraband devices - which, according to Plinsky, is evidence of imitation of the fight against violations.
Experts emphasize that competent authorities, in particular the Bureau of Economic Security, should deal with shadow schemes. Without systematic intervention by the state, the budget will continue to lose billions of hryvnias every year.
