The Supreme Court forbade to confiscate the car because of inability to drive
The Supreme Court of the Russian Federation ruled that the car owner's lack of driving skills does not deprive him of the right to own a vehicle and cannot be a justification for confiscation. This was reported on April 10 by the Russian Agency for Legal and Judicial Information (RAPSI).
The court considered the case of repeated driving under the influence of alcohol. The driver was assigned 260 hours of compulsory labor with the confiscation of the car. At the same time, the owner of the car is not the convict, but her mother, who does not know how to drive and did not have a driver's license, but bought a vehicle so that her daughter and son-in-law would take her to medical institutions. She did not transfer ownership, and the owner of the car was not included in the insurance policy.
The owner appealed to the highest authority. The Supreme Court of the Russian Federation clarified that the transfer of a car to relatives cannot be grounds for confiscation of a vehicle, since it is not provided for by law.
The use of a car owned by another person does not entail its confiscation when committing a crime under Article 264 of the Criminal Code of the Russian Federation, the Supreme Court of the Russian Federation noted. The judicial board determined that the car should be returned to its rightful owner. She pointed out that the conclusions of the judicial authorities about the ownership of the car were erroneous, which considered that legally the car belonged to the convict and her spouse, since they owned, used and disposed of it at their discretion.
Earlier, on March 23, it was reported that the German Federal Supreme Court rejected claims to ban sales of new Mercedes-Benz and BMW cars with internal combustion engines from November 2030. The non-profit association for the protection of the environment and consumer rights appealed to the court with demands to ban the sale of cars with internal combustion engines of these brands.
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