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The Supreme Court again banned driving purchased cars without police permission

The concession for car purchasers, which the Supreme Court (SC) granted them in January of this year , allowing them to register purchased cars regardless of whether the previous owner deregistered them, has been cancelled. Representatives of the Ministry of Internal Affairs were able to prove that such a practice will lead to massive violations of the property rights of citizens, and will also contribute to an increase in crimes such as fraud with cars, their theft and robbery attacks on car owners. The search for stolen cars would become much more complicated. Yesterday, the cassation board of the Supreme Court overturned the decision of its first instance and refused to satisfy the complaint of the applicant, who insisted that the corresponding paragraph of the vehicle registration rules violates the rights of owners, not allowing them to use cars unless they were first deregistered by the previous owners.

As the Vremya Novostey newspaper has already reported, a resident of the Volgograd region, Viktor Kostenko, filed an application with the Supreme Court to declare the clause in the vehicle registration rules invalid and not subject to application, according to which the previous owner is obliged to deregister the car and only then the acquirer can register it again. . In November 2005, he bought a VAZ-2108. During the transaction, an intermediary acted on behalf of the owner of the car and presented a power of attorney stating that he had been granted the corresponding right. The price of the issue was only 5 thousand rubles, and therefore the contract did not have to be drawn up according to all the rules - it was enough to write by hand about your intentions on a piece of paper. However, as Mr. Kostenko’s lawyer Alexander Yevtushenko, who represented his interests in the Supreme Court, explained, the buyer was unable to drive his new car - there was no one to deregister the car. Three days after the purchase and sale transaction was completed, the intermediary’s power of attorney expired, and the owner of the car, as it turned out, had gone somewhere abroad.

Then Mr. Kostenko turned to the local district court to protect his rights. However, the court overdid it in this defense, exceeded its authority and, instead of obliging the traffic police to deregister the car, ordered them to register it immediately. Naturally, a higher authority, represented by the Volgograd Regional Court, overturned this decision. It was then that Mr. Kostenko decided to go straight to the Supreme Court and cancel the vehicle registration rules.

And the Supreme Court agreed with him. According to the decision of the Supreme Court, issued in mid-January, the right of ownership implies the ability of a citizen to own, manage and use his thing. It was precisely the last component that Mr. Kostenko was deprived of. Therefore, the court then ruled that from now on, buyers of cars can register them regardless of whether these cars were deregistered by the previous owners.

This news caused a real stir in the Ministry of Internal Affairs, and its representatives immediately appealed the decision of the Supreme Court. And the point was not that the innovation could somehow negatively affect the work of transport registration departments - their responsibilities, on the contrary, were halved. But those police units that are involved in the search for stolen vehicles, as well as the investigation of all crimes related to their use, have sounded the alarm.

In particular, the Deputy Head of the Department for Road Safety (ROSA) of the Ministry of Internal Affairs, Alexander Beloborodov, reported to the court yesterday that registering a car without first deregistering it will lead to the fact that it may have countless virtual doubles. That is, in fact, there will be only one car, but since with each subsequent registration a new package of documents and numbers is issued for it, then in the traffic police credentials the number of cars will be equal to the number of completed transactions. And then with such a machine you can commit any crimes, even terrorist attacks, it will be impossible to find it. In addition, according to Mr. Beloborodov, car sellers, without deregistering them, can thus hide the fact of purchase on credit or non-payment of fines and transport tax, or hide the fact of sale from other co-owners of the car.

In addition, the Ministry of Internal Affairs predicted an increase in robbery attacks on car owners and even murders, since criminals will only need to provide the traffic police with a complete package of documents for the car, and it will not be difficult to falsify a transaction in simple written form to buy a car for a small amount. “The Civil Code established the protection of private property, but the unhindered exercise of civil rights does not mean the owner’s unlimited freedom in relation to the car he owns,” explained the representative of the Ministry of Internal Affairs in the Supreme Court, Hayk Maryan. -- A vehicle is a source of increased danger, and its use should be regulated not only by the Civil Code, but also by administrative legislation. Registration of vehicles is a prerequisite for their use in road traffic, and in this sense, a certain restriction of ownership is aimed at protecting the health, as well as the rights and interests of other persons.”

“The court should not be guided by the expediency of introducing certain norms; it should pay attention only to whether they comply with federal legislation or not,” lawyer Yevtushenko decided to remind the judges. “Isn’t it written in the regulations for what purposes and in pursuance of what laws they are issued?” asked the presiding judge of the judicial troika, Alexander Fedin. Soon he announced the end of the discussion between the parties, and the judges retired to the meeting. “The court decided to make a new decision and refuse Kostenko’s application,” concluded Judge Fedin.

Ekaterina BUTORINA