Is It Possible to Buy cCurrency "From Hands": The Court Explained When Liability Arises

Currency exchange operations in Ukraine are conducted in accordance with the procedures set out in currency legislation. Non-compliance with these requirements may lead to administrative liability under the Code of Ukraine on Administrative Offences.

The Khmelnytskyi City District Court of Khmelnytskyi Region heard case No. 686/19365/26 concerning an individual's administrative responsibility under Article 162 of the Code of Ukraine on Administrative Offences, in connection with the illegal exchange of currency. The court examined the circumstances of the offence, evaluated the evidence presented, and determined that an administrative offence had occurred.

Essence of the case

The court found that on 22 June 2026, at 13:15, in the city of Khmelnytskyi, at 92 Proskurivska Street, an individual exchanged currency, specifically 50 euros for 2550 hryvnias. Such actions were deemed a violation of Article 6 of the Law of Ukraine "On Currency and Currency Operations" and constituted an administrative offence as defined by Article 162 of the Code of Ukraine on Administrative Offences.

At the court hearing, the offender partially admitted guilt, explaining that he had intended to purchase 50 euros at an official currency exchange point. According to his testimony, on his way to the exchange point, a woman approached him asking about currency exchange, whereupon he agreed to buy 50 euros from her at the rate she offered.

After reviewing the case materials, the court found the guilt to be fully proven. This was corroborated by the written explanations of the person who carried out the currency exchange, a video recording of the event showing the currency operation, a receipt for the issuance of 50 euros and 4200 hryvnias, and the administrative offence protocol detailing the circumstances of its commission.

Court Conclusions

The court noted that Article 162 of the Code of Ukraine on Administrative Offences establishes liability for, in particular, the illegal purchase, sale, exchange, and use of currency valuables as a means of payment or as collateral. According to part three of Article 6 of the Law of Ukraine "On Currency and Currency Operations," trading in currency valuables is carried out exclusively through authorised institutions that have received the appropriate licence in accordance with Article 9 of this Law. The structure of Ukraine's currency market, along with the conditions and procedure for trading foreign currency, are determined by the regulatory legal acts of the National Bank of Ukraine. Foreign currency exchange points must be included in the Register of Foreign Currency Exchange Points, and trading in cash currency valuables through points not included in such a Register is prohibited.

The court emphasised that the objective element of the offence lies in the illegal purchase, sale, or exchange of currency valuables. The subject of such an offence is any sane individual who has reached the age of 16.

The established circumstances indicate that the individual, contrary to legislative requirements, exchanged currency valuables as a means of payment, thereby committing an administrative offence as provided for in Article 162 of the Code of Ukraine on Administrative Offences. The arguments regarding the intention to purchase currency at an official exchange point were refuted by the examined case materials.

The court found no circumstances mitigating or aggravating administrative responsibility. Considering the nature of the offence and the individual of the offender, the court concluded that an administrative penalty in the form of a fine at the minimum amount provided for by the sanction of Article 162 of the Code of Ukraine on Administrative Offences was necessary, along with the confiscation of currency valuables. The court also noted that the court fee is recoverable from the individual subject to administrative responsibility, and the seized 4200 hryvnias are to be returned as they do not constitute the subject of the administrative offence.

The court found the individual guilty of committing an administrative offence provided for in Article 162 of the Code of Ukraine on Administrative Offences and imposed an administrative penalty in the form of a fine of 8500 hryvnias with the confiscation of 50 euros to state revenue.

Additionally, the offender was charged a court fee of 665.60 hryvnias, and the seized 4200 hryvnias were ordered to be returned to the owner.

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