Table of contents:
Video: And Then - On Foot: For & Nbsp; That In & Nbsp; Russia Can Confiscate A Car
In Russia, more and more cars are being confiscated. More recently, a raid in Moscow and the Moscow region resulted in the arrest of 15 cars - because their owners have accumulated impressive amounts of unpaid fines. Now violators either have to pay off their debts to the state, or their cars will be sold, and the proceeds from the sale will go towards paying fines. We recall a few more reasons why you can lose your vehicle literally with a wave of the wand, as well as real cases when this really happened.
Debts, debts, debts
In the overwhelming majority of cases, various kinds of debts become the reason for the confiscation of a vehicle. For example, the previously mentioned joint raid of MADI, traffic police and FSSP was aimed at identifying drivers with unpaid fines in the amount of more than 30 thousand rubles. But not all, but received for some violations: parking under prohibitory signs or on lawns, as well as for violations of the rules for the carriage of passengers.
As a result, 15 cars went to the special parking lots of GKU AMPP and can be returned to their owners only after all fines have been paid. Otherwise, the FSSP has the right to sell vehicles at auction to pay off the debt. At the same time, the bailiffs can seize other property of debtors and send an application to the court to establish a temporary restriction on leaving the country for such citizens. Also, according to Part 1 of Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, malicious defaulters face arrest for 15 days or up to 50 hours of compulsory work.
And here is another example of the seizure of a car for debts: in August 2020, employees of the Department of Bailiffs in Ryazan and the Ryazan District arrested a citizen's car due to unpaid loan installments in excess of 730 thousand rubles. The bailiffs established a non-use storage regime and promised to lift the ban after paying off the debt in full. In case of non-payment, the car is subject to compulsory sale. The preliminary cost of the second-generation restyled Ford Focus was 300 thousand rubles.
The car can be confiscated, and then, if debts are not repaid within 10 days, they can be auctioned off for "tails" on communal services, tax payments, alimony, and so on. In Moscow, in the spring of 2020, the police sent a car to the impoundment, the owner of which violated the rules of self-isolation during quarantine, but in this case, there is no question of a possible forced sale of property.
Returning to the topic of debts in fines for traffic violations: in 2019, a Bentley Continental GT was arrested from a resident of Volgograd. The bailiffs detained the car for unpaid fines in the amount of about 160 thousand rubles. The owner of the luxury model immediately paid off the debts.
And a couple more anti-records of 2019: a driver was detained in Moscow with unpaid fines of four million rubles, about a quarter of this amount fell on unpaid parking. The bailiffs arrested three cars belonging to the offender. In Nizhny Tagil, a citizen lost his Volkswagen Polo for non-payment of 90 fines worth about 100 thousand rubles, and in Volgograd, a VAZ-2114 of a 59-year-old motorist was arrested, who accumulated 222 outstanding fines for traffic violations. The total amount owed was 151 thousand rubles.
In cases where car owners do not pay off their debts, the law on enforcement proceedings provides for the sale of property through tenders. At the time of preparation of the material in the corresponding section of the official website, the category "Motor transport" contained more than 35 thousand lots.
Yes, you can lose your car for providing transportation services in an inappropriate manner. For most violations of the law, fines are provided - for example, for the lack of a license or waybill, failure to issue checks, as well as for the illegal use of taxi distinctive signs such as "checkers" or a special lantern (with its confiscation).
For carrying out entrepreneurial activities in the field of transport without an appropriate license, fines are also provided for, however, for repeated such violation, in accordance with Art. 14.1.2 of the Code of Administrative Offenses of the Russian Federation, not only a fine, but also confiscation threatens. Recent examples: the confiscation of a Chevrolet Lacetti from a Tula driver who was engaged in a taxi without a license. In general, such "cleansing" began a few years ago, with the update of the corresponding article. For example, in Sochi, several dozen cars of illegal "bombing", which were repeatedly found in the absence of licenses, went to the parking lot. And then the courts made decisions on the confiscation of the "instruments of production" in favor of the budget.
Instrument of crime and material evidence
It is not uncommon for a car to be recognized by a court as an instrument of a crime or is held in a criminal case as material evidence. Such machines are confiscated and, upon the closure of the case, are sold in favor of the state. Fresh examples: earlier in 2020, a 29-year-old resident of Kaliningrad was found guilty of smuggling cigarettes (customs officers found 7.5 thousand packs in hiding places) and, in addition to a fine of 320 thousand rubles, lost his car as an instrument of crime.
Also in 2020, a court in the Voronezh region found a 27-year-old native of Kyrgyzstan guilty of attempted drug sales, who was transporting a large consignment of illegal substances in his car, which, like a weapon, was also confiscated.
A resident of Kamensk-Uralsky lost his car for a completely different offense - illegal hunting. He killed a Siberian roe deer without authorization documents, after which he loaded the animal's carcass into his UAZ. At first, the SUV was held as material evidence in a criminal case, and after the proceedings, it was sold, and the funds were transferred to the budget.
In the same 2020, Russian traffic police inspectors began a "hunt" for cars with registration plates of Armenia. In short, the situation looks like this: thanks to the Eurasian Economic Union (EAEU), a duty-free trade regime is in effect on the territories of the participating countries. That is, there is an opportunity to buy a car in a neighboring state, and then import it into your country without paying additional customs fees. Many car enthusiasts went to Armenia for cars, since they were initially cheaper there - because customs duties were lower there for a long time. In addition, by keeping the Armenian numbers, it was possible to save on the transport tax, and not all traffic cameras on the territory of Russia reacted to them.
However, subsequently, the control and supervisory authorities drew attention to one of the clauses of the agreement on Armenia's accession to the EAEU, which no one seemed to have noticed before. This clause permits the temporary import and use of a car in the territories of the EAEU, without any additional fees, only to citizens of Armenia (or persons permanently residing there). And in the case of the operation of the car by other persons, it is subject to customs clearance at the tariffs of the EAEU - much higher than those previously in force in Armenia.
Thus, driving around in an “Armenian” car, without being an Armenian owner, you can get fines under a couple of articles, and in some cases, the “wheels” are confiscated at a parking lot and the actual owner becomes a customs debtor. Here you can study the situation and sad examples in detail.
A harsh future
The draft of the new Code of Administrative Offenses of the Russian Federation provides for the possibility of confiscating a car in favor of the state if it was driven by a power of attorney by a driver who was caught drunk for the second time during the year. Thus, two people will be responsible for the violation at once. The owner of the car - under the new article 34.34 "Failure by the owner of the vehicle to take measures to exclude the possibility of another person committing a crime using the vehicle." And the driver is waiting for article 264.1 of the Criminal Code "Violation of traffic rules by a person subject to administrative punishment." And, given that this is already the Criminal Code, it will not end well for the violator.