Since July 25, a new surprise has been prepared for Russian drivers – criminal liability for systematically driving a car without a “driver’s license”. The AvtoVzglyad portal discussed with well-known automotive experts and lawyers where the new practice of private property deprivation will lead in the long term.
In accordance with the changes to the Code of Administrative Offenses that have come into effect, persons who have been previously deprived of their rights but continue to drive may face not only a fine, but also imprisonment and even confiscation of the car. Keep in mind that previously the Supreme Court usually acted against this measure.
“Yes, indeed, the Supreme Court has always taken the position that it is impossible to seize citizens’ cars, but now the deputies have corrected the legislation and this is directly determined by the Criminal Code of the Russian Federation,” Maxim Yedryshov, head of the Avtomobilist Public Center, told AvtoVzglyad.
– In my opinion, this law places participants in criminal proceedings in an unequal position. Suppose two citizens are driving a car that has been deprived of their rights. For this, confiscation is now due, only one is the owner and the second is not, meaning the owner will receive a much more severe penalty as he only owns a car, the expert noted.
The fairness and effectiveness of such a decision is also questioned by lawyer Ilya Afanasyev:
– The seizure of a car is indeed a strange punishment in such cases. After all, it was invented precisely for that category of citizens who usually do not differ from each other in intelligence and ingenuity. So, by tradition, they’ll just see it as a complication of the terms of the search called “Don’t get caught by the traffic police.” According to the statistics, we have a small fraction of such unique people who drive their cars. So I don’t think it will drastically affect the situation,” the lawyer concludes.
The situation with re-departure without “rights” should not be affected. But doesn’t this open up an opportunity for new income for those who really don’t want to lose their “swallow” and will do their best to negotiate on the spot? We’ve never had anything like this…
In accordance with the changes to the Code of Administrative Offenses that have come into effect, persons who have been previously deprived of their rights but continue to drive may face not only a fine, but also imprisonment and even confiscation of the car. Keep in mind that previously the Supreme Court usually acted against this measure.
“Yes, indeed, the Supreme Court has always taken the position that it is impossible to seize citizens’ cars, but now the deputies have corrected the legislation and this is directly determined by the Criminal Code of the Russian Federation,” Maxim Yedryshov, head of the Avtomobilist Public Center, told AvtoVzglyad.
– In my opinion, this law places participants in criminal proceedings in an unequal position. Suppose two citizens are driving a car that has been deprived of their rights. For this, confiscation is now due, only one is the owner and the second is not, meaning the owner will receive a much more severe penalty as he only owns a car, the expert noted.
The fairness and effectiveness of such a decision is also questioned by lawyer Ilya Afanasyev:
– The seizure of a car is indeed a strange punishment in such cases. After all, it was invented precisely for that category of citizens who usually do not differ from each other in intelligence and ingenuity. So, by tradition, they’ll just see it as a complication of the terms of the search called “Don’t get caught by the traffic police.” According to the statistics, we have a small fraction of such unique people who drive their cars. So I don’t think it will drastically affect the situation,” the lawyer concludes.
The situation with re-departure without “rights” should not be affected. But doesn’t this open up an opportunity for new income for those who really don’t want to lose their “swallow” and will do their best to negotiate on the spot? We’ve never had anything like this…
Source: Avto Vzglyad
I’m Sandra Torres, a passionate journalist and content creator. My specialty lies in covering the latest gadgets, trends and tech news for Div Bracket. With over 5 years of experience as a professional writer, I have built up an impressive portfolio of published works that showcase my expertise in this field.