Ownership of a motor vehicle and features of the exercise of this right

Recognition of ownership of a car is a necessary procedure for retaining the car for the buyer if it turns out that the vehicle is the subject of a pledge. Increasingly, people are faced with the problem of acquiring collateral, and meanwhile there are more and more unscrupulous sellers on the market.

What should a buyer who has bought an encumbered car do? You can prove your case only in court. This article contains how to proceed, what documentation will be needed, and recommendations on how to properly file a claim.

The meaning of property preference

The semantic content of the preference for owning this or that property is fixed in Art. 209 of the Civil Code of the Russian Federation. Thus, a person has the right to use, dispose of and own property.

This means that an individual can transfer a car he owns for use to another person, donate it, leave it as an inheritance, use it independently at his own discretion and perform a variety of legal actions with it, including designating it as collateral when applying for a loan.

Recognition of the prerogative of ownership in relation to a certain vehicle involves a trial, during which inaccuracies in the galaxy of transactions for the sale of the car are corrected. The procedure helps restore the violated interests of the real owner and allows him to subsequently enjoy preferences in full.

Types depending on the number of owners

Important! Forms of ownership can also be classified depending on the number of entities that own the car.

Usually, particular and general forms are considered.

Private

This type assumes that the vehicle has only one owner. He has the right to dispose of, own, and use his car.

General

The right of common ownership of a car appears in the case when the car belongs to two or more persons (Article 244 of the Civil Code of the Russian Federation). Moreover, all subjects together have the right to own a vehicle, but theoretically, each person’s share in it can be distinguished.

Restrictions on the right arising from the presence of several owners are mainly associated with the need to provide the opportunity for pre-emptive purchase to the co-owners of the car.

Property that belongs simultaneously to several entities is called common property if it cannot be divided in such a way as to preserve its original purpose, or it is prohibited by law from being divided.

Possession of the right of ownership of an indivisible thing can be either joint or with a determination of the ratio of the rights of all subjects to dispose of it. Consequently, ownership of a car as a thing not subject to division can be of the following types:

1. Share. This type involves determining the shares of each of the subjects. For example, if a car is inherited by three heirs, then the share of each of them will be 1/3 of the right to the vehicle.
2. Joint. This type of ownership is possible if the law does not provide for the allocation of shares. For example, property of spouses acquired during marriage.

When does it become necessary to go to court?

As a rule, when purchasing a used car or from the hands of the owner, the acquirer is subsequently forced to prove the prerogative of ownership through the court. This happens if a dishonest seller did not warn the buyer about the encumbrance on the vehicle. That is, the presence of prerogatives over the car from third parties and organizations.

As cases from judicial practice show, the most common type of encumbrance is the preferences of a credit institution for a car. In general, the situation is as follows - the ex-owner takes out a car loan or a non-targeted loan, where the car acts as a guarantee for the payment of funds by the borrower.

IMPORTANT !!! Basically, the banking organization retains the original PTS. Therefore, the seller will try to sell a duplicate, arguing on various grounds - from simple forgetfulness to changing the identity card. Sales of duplicates should alert the vigilant buyer.

Such an implementation will not be considered legal and may subsequently be cancelled. The new owner has the right to recover the losses incurred from the previous owner, but this is realistic if the sale took place under a purchase and sale agreement. In the absence of a document, you can be left without money and without a car (a financial institution will collect it for debts).

Other common nuances during the sale that require further recognition of ownership by the buyer within the framework of the judicial procedure:

1. Incorrectly completed documentation, lack of necessary papers.
2. A transaction not carried out according to the rules and declared invalid (covering the sale with a gift agreement to avoid taxation).
3. Division of property upon the breakdown of a marriage.
4. Included in the inheritance mass that was not accepted within the six months established by law.
5. The execution of the implementation agreement was replaced by the writing of a general power of attorney, which the owner has now decided to revoke.
6. Purchasing from scammers when the vehicle is stolen and sold with altered numbers.

When conducting a transaction on your own and without the involvement of a professional lawyer, you must be extremely careful when choosing a seller. All of the above situations will require appeal to a judicial authority. There is no other way to recognize your preferences for a car.

Sun: registering a car with the traffic police does not indicate the integrity of its purchaser

On October 22, the Supreme Court issued Ruling No. 23-KG19-6 on the dispute regarding the recognition as a bona fide purchaser of the owner of a car that was seized as part of a trial for the collection of credit debt by a bank from its previous owners.

The courts of two instances recognized the owner of the car as a bona fide purchaser

In May 2015, Valery Chernoivanov bought a Toyota Corolla car from Business Car Kuban LLC for 974 thousand rubles. A few days later, the man sold the car to Temerlan Soltomatov for 850 thousand rubles. In August of the same year, Ayub Dokhtukaev became the new owner of the vehicle.

In September 2021, the court seized this car in order to secure the claim of Toyota Bank JSC against Valery Chernoivanov and his guarantor. The claim brought against the citizens concerned the collection of debt from them under a loan agreement and the foreclosure of a car pledged by the bank. Case No. 33-32887/2018 was considered in the Tagansky District Court of Moscow.

In the spring of 2021, Ayub Dokhtukaev filed a lawsuit against Temerlan Soltomatov and Valery Chernoivanov to recognize him as a bona fide purchaser of the car. In support of his claims, he referred to the fact of purchasing a car under a sales contract with the original vehicle passport and argued that during registration with the traffic police no restrictions or encumbrances were identified. The citizen emphasized that he did not know and could not know about the existence of claims to the car from third parties.

The dispute was heard in the Shalinsky City Court of the Chechen Republic. During the trial, it turned out that, according to the data of the Republican State Traffic Safety Inspectorate of the Ministry of Internal Affairs as of March 17, 2021, a ban on registration actions was imposed on the car. Toyota Bank, brought in as a co-defendant, objected to the satisfaction of the claim, citing the fact that the pledge of the car was registered in the Unified Register of Notifications of the Pledge of Movable Property before the conclusion of contracts for the sale and purchase of cars by citizens.

The court granted the claim of Ayub Dokhtukaev, the decision stood on appeal. Both instances proceeded from the fact that the disputed car was acquired by the plaintiff in a transaction for compensation before the seizure of this property by a court. Consequently, the plaintiff did not know and could not know about the encumbrance in the form of a pledge.

The Supreme Court did not agree with the findings of the lower courts

The bank sent a cassation appeal to the Supreme Court of the Russian Federation, whose Judicial Collegium for Civil Cases found it justified. The highest court emphasized that in order to properly resolve the case, the court should have established the fact of the creation of the pledge, its date and the question of whether Ayub Dokhtukaev, acting in good faith when purchasing the car, should have known about this pledge.

The Supreme Court noted that the lower courts proceeded only from the date the court applied security measures in relation to the named car and did not take into account the very fact of the pledge and the date of its occurrence, in violation of the provisions of Part 2 of Art. 56 Code of Civil Procedure of the Russian Federation and sub. 1 tbsp. 325 of the Civil Code of the Russian Federation. According to paragraph 4 of Art. 339.1 of the Civil Code of the Russian Federation, a pledge of movable property can be taken into account by registering notifications of the pledge in the appropriate register, which is maintained in the manner established by the legislation on notaries. The pledgee, in relations with third parties, has the right to refer to the right of pledge belonging to him only from the moment of making an entry on the accounting of the pledge (except for cases where the third party knew or should have known about the existence of the pledge earlier).

“Referring to the substantiation of conclusions about the plaintiff’s good faith on the fact of registration of the vehicle with the traffic police, as well as on the presence of the owner of the car with an original vehicle passport, the court did not take into account that the traffic police is not the body that maintains the register of pledges of movable property, but carries out registration of vehicles for the purpose of their admission to road traffic. The fact of registering a car with the traffic police does not in itself entail the emergence, change or termination of civil rights in relation to this property and its encumbrance,” the Court explained in its ruling. He noted that the bank referred to the above circumstances when appealing the court decision, but the second instance rejected its arguments.

The RF Supreme Court also revealed that in November 2021, the Tagansky District Court of Moscow satisfied the bank’s demands against three citizens (Chernoivanov, his guarantor and Dokhtukaev) to collect credit debt and to foreclose on a car. At the same time, Dokhtukaev’s arguments for termination of bail, set out in the appeal against the decision of the capital’s court, were rejected by the Moscow City Court. Then the second instance indicated that there were no grounds for recognizing him as a bona fide purchaser of the car.

The highest court added that at the time the case was considered by appeal, the decision of the Tagansky District Court of Moscow entered into legal force. In this regard, the Supreme Court canceled the judicial act of appeal and sent the case for a new trial to the court of second instance.

The plaintiff's representative criticized the position of the Supreme Court

The interests of Ayub Dokhtukaev were represented in court by the lawyer of Musaev and Partners Law Firm Alexey Golenko, who expressed disagreement with the conclusions of the Supreme Court. “This is another controversial judicial act that continues the controversial law enforcement practice in Russia. The court decision is not consistent with the realities of the life circumstances of a citizen purchasing a vehicle, which may then be pledged,” he noted.

According to the lawyer, in the case under consideration, his client went to court to protect his violated rights, since when he purchased the car, he did not know that it was pledged. “The court happily shared his position, since all the evidence presented confirmed the good faith of his actions. The subsequent court also agreed with the position of my client, upholding the decision of the court of first instance. Moreover, the previous owner of the car, Temerlan Soltomatov, also did not know that the car was pledged to the bank. Both citizens live in rural areas, with difficult access to the Internet, so they simply do not have the opportunity to check the car registration information in the movable property pledge registry,” explained Alexey Golenko.

He added that the Supreme Court defends the interests of credit institutions, not ordinary citizens. “Having the right of legislative initiative, the Supreme Court, unfortunately, avoids making recommendations to the legislator on issues of improving procedures that prevent abuse. When registering a car that is pledged to a bank, the traffic police authorities do not check this information and do not communicate it to the new owner, thus they avoid protecting the rights and freedoms of the citizen and do not warn him about the possible legal consequences of the transaction, which is unacceptable. It is necessary to take into account the imperfect level of legal consciousness of a citizen in modern Russia,” noted Alexey Golenko. In his opinion, the introduction of a system of notarized registration of pledges does not protect bona fide purchasers from the criminal schemes of fraudsters. After all, a citizen who registers a car with the traffic police expects that registration will protect him from legal problems with the car, be it stolen or with a fake body or engine registration number.

“The solution to the problem is seen in clear regulation of checking a vehicle for encumbrances when registering a car with the traffic police; providing information from the register to employees and car registration authorities will help prevent such disputes. Since, when buying a car, some buyers believe that the procedure for registering a car with the traffic police will deprive them of possible legal problems with the car, clear rules for registering cars that are pledged are needed, with the ability to check the pledge with the traffic police,” the lawyer concluded.

AG experts disagreed in their assessment of the Court’s findings

Lawyer of Law Firm "YUG" Sergei Radchenko called the determination legal and justified. “The RF Armed Forces correctly pointed out that the plaintiff could have learned about the pledge from the Unified Register of Notifications of the occurrence of a pledge of movable property, that the traffic police does not register any rights or encumbrances, and that the conclusions of the judicial acts of the Tagansky District Court of Moscow and the Moscow City Court regarding the validity of the pledge are prejudicial for the present case,” he noted.

According to the expert, the only nuance that the Court did not pay attention to is that the plaintiff in this case chose an inappropriate method of protecting his right. “Not a single federal law knows of such a method of protecting civil rights as “how to recognize oneself as a bona fide purchaser.” If a court seizes property belonging to a person not participating in the case, such person may release the property from seizure only by filing a claim to release the property from seizure. This follows from paragraph. 2 p. 50 of the Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation No. 10/22 of April 29, 2010 on some issues arising in judicial practice when resolving disputes related to the protection of property rights and other property rights. Such a claim is brought not at the place of residence of the plaintiff, as he did in the commented case, but at the location of the debtor or collector,” the lawyer explained.

In turn, Ilya Prokofiev, lawyer for MCA Centryurservice, noted that disputes about recognizing the acquirer as bona fide are almost always complex. “Judicial practice on these issues is not uniform, and the law does not contain specific formulations of exactly what actions the acquirer of property must perform in a given case in order to prove the fact of the bona fide acquisition,” he explained.

According to the expert, in the case under consideration one may not agree with the conclusions of the Supreme Court regarding the mention of the register of pledged property as an essential circumstance for proof. “As can be seen from the definition, the acquirer referred to the fact that the seller of the vehicle had the original vehicle passport in his hands, although in the case of collateral it is always kept in the bank, and no encumbrances were placed on the car in the traffic police database. In this regard, the citizen conscientiously assumed that he was purchasing a car without encumbrances. These arguments of the acquirer are quite enough to recognize him in good faith,” the lawyer believes.

Ilya Prokofiev added that the Supreme Court also justified its determination by the prejudicial significance of the earlier decision on the bank’s claim, which is fully consistent with the law. “However, this situation creates an almost insurmountable obstacle for the acquirer to recognize himself in good faith. For a correct final consideration of both disputes, the proceedings in the first case (the bank’s statement of claim) must be resumed, and the cases merged into one proceeding,” the expert concluded.

Pre-trial conflict resolution

No judicial institution will consider a complaint without being convinced that the conflict cannot be resolved through a compromise. To do this, before drawing up and filing a claim, try to resolve the situation peacefully by first sending a pre-trial claim to the former owner, drawn up in simple free written form.

IMPORTANT !!! The letter must be sent with a return receipt, which will subsequently be attached to the case file. At this time, it is better to prepare a well-drafted statement of claim, since situations regarding compensation for waste rarely end in a settlement agreement.

The essence of the document is the requirement to transfer property prerogatives in full, indicating that in case of refusal, an appeal will be made to the court to protect the violated interests. Since the reluctance to compromise must be documented, it is recommended to submit the claim in person or using.

The standard waiting period for a response and reflection time is 30 days from the date the person receives the letter or conversation.

How is the authority to own, use and dispose of a vehicle confirmed?

Unlike property, the right of possession, use and disposal limits the powers of the trustee to alienate or perform legally significant actions with movable property. The agreement may provide for the right to represent the interests of the owner in the traffic police, endorse documents and control the car.

For this reason, purchase and sale transactions are often formalized with a notarized power of attorney , but in this case the car does not become full ownership.

There are 4 common forms of agreement confirming the right to own, use and dispose of a vehicle:

• Notarised power of attorney . An agreement in simple written form, certified by a notary, establishing the terms and conditions of temporary use.
• Agreement for free use . The car is transferred for free non-commercial use for a limited period with vehicle maintenance at the expense of the borrower.
• Lease agreement between individuals . The car is provided for temporary use and possession for a fee (Article 606 of the Civil Code of the Russian Federation).
• Financial lease (leasing) agreement . An agreement for the investment purchase of a vehicle, which is transferred for use to an authorized person for a certain fee with the possibility of subsequent redemption (Article 665 of the Civil Code of the Russian Federation).

According to the decision of the Supreme Court of the Russian Federation dated November 24, 2012, a notarized power of attorney is not required to be provided to traffic police officers and does not in all cases serve as confirmation of the legal right to use a car, since its authenticity cannot be established on the spot.

Going to court

It is worth going to the institution if there are really serious reasons. If this concerns a car, then it will be necessary to document that the transaction was completed and there were no violations on the part of the applicant, but he was not able to take full ownership. Depending on the jurisdiction, the claim should be filed in the district court at the seller’s place of residence.

90% of the positive outcome is due to a correctly drawn up application. Requirements for this type of documentation are contained in Article 131 of the Code of Civil Procedure of the Russian Federation. It is allowed to submit a claim in writing during a personal visit or on the official domain of the institution with the obligatory affixing of an enhanced electronic signature.

The document contains the following information:

• information about the court to which the applicant is applying – name, location, contacts;
• Full name of the plaintiff or name when submitted by the organization, residential address, contact information;
• personal data of the seller;
• what is the illegal act committed;
• the circumstances of the incident on which the situation is based;
• total cost of the claim, calculation of the funds spent;
• information about attempts made to resolve the issue peacefully;
• list of documentary support.

It is advisable to identify references in the legislation that prove the fairness of the requirements and the fact of violations on the part of the defendant. The application is certified by a personal signature and the date of application.

Step-by-step instructions: how to return a car through court?

If, within a month after receiving the warning, the plaintiff has not responded or refused to resolve the issue, you can begin to draw up a statement of claim with the aim of appealing to the judicial authorities.

Grounds for filing a claim:

• the victim became a victim of fraudulent activities, but he managed to uncover the criminal scheme and collect evidence;
• the plaintiff was deceived by the seller of the vehicle and made attempts to resolve the issue out of court;
• the ownership of the car owner is questioned;
• conducting pre-trial proceedings and collecting evidence that confirms the feasibility of filing a claim.

Attention! It is very important to consider the statute of limitations. When dividing property as a result of divorce or to resolve inheritance issues, a claim can be filed within a year. In other circumstances, the statute of limitations reaches 3 years.

Where to file a claim to claim a vehicle in accordance with Article 35 of the Arbitration Procedure Code of the Russian Federation?

To file a claim for recognition of ownership of a car, you should contact the district court at the place of registration of the defendant, even if the car was purchased in another region. This condition is defined by Article 35 of the Arbitration Procedure Code of the Russian Federation.

If the cost of the vehicle exceeds 50,000 rubles, the magistrate will refuse to consider the case and transfer it to the district court.

Statement of claim

The statement of claim is drawn up in the prescribed form. The form can be found on the official website of the district court. You can use a sample of any statement of claim. This form is universal. In many ships the sample can be seen on a stand. It is enough to change its content, setting out your own circumstances and indicating the necessary data.

The statement of claim must contain the following information:

1. the date of the incident that gave rise to the application to the court;
2. technical characteristics of the car;
3. the essence of the events that resulted in going to court;
4. a description of the measures taken to carry out a pre-trial settlement of the issue.

Collection of documents and evidence

The information specified in the statement of claim must be presented correctly, concisely and have an evidentiary basis. In this capacity, documents can be used that confirm that the transaction between the plaintiff and the defendant actually took place. It will also be necessary to prove that the applicant uses the purchased vehicle and is fully responsible for it.

Reference. It is especially important to prove to the court that the defendant actually received the established amount for the car from the plaintiff.

The claim must be accompanied by a package of documents, which includes:

• car purchase and sale agreement or other relevant document;
• State Traffic Safety Inspectorate certificate confirming registration of the vehicle;
• a general power of attorney, if it was important when concluding a transaction;
• divorce certificate or death certificate of the previous owner (if necessary);
• receipt of payment of state duty.

If the plaintiff's case is handled by a trusted person, it is necessary to provide a power of attorney certified by a notary.

A list of all attached documents must be indicated in the statement of claim below the date and signature.

State duties

According to Article 132 of the Code of Civil Procedure of the Russian Federation, the state duty must be paid before filing a claim in court. It includes 200 rubles. and an additional amount calculated based on the cost of the car as follows:

• less than 20,000 rubles - 4%;
• from 20,001 to 100,000 rubles - 800 rubles. + 3% of the amount exceeding 20,000 rubles;
• from 100,001 to 200,000 – 3,200 rubles. + 2% of the cost over 100 thousand rubles;
• from 200,001 to 1 million rubles. — 13,200 rub. + 1% of the cost exceeding 200 thousand rubles.

The maximum amount of state duty is 60 thousand rubles.

Review and results of the process

The court has the right to both admit the claim and reject it. Whatever the decision, the plaintiff will be notified of the results within 3 days of the verdict.

If the claim is satisfied, the property right to the car is considered recognized. Based on the court decision, the owner can draw up the relevant documents and register the car with the traffic police.

Required Documentation

According to Article 132 of the Code of Civil Procedure of the Russian Federation, the following must be provided with the application:

1. Duplicates of the claim by the number of participants in the process.
2. Identity card of the applicant.
3. Pre-trial claim and refusal to it or notification of sending a registered letter containing a document.
4. Evidence base on the illegality of the defendant’s actions.
5. Notarized power of attorney, if the case is being conducted by a representative.
6. Receipt for payment of state duty.

Also, in addition to the claim for restoration of the prerogative of owning a car, the following should be submitted to the court hearing:

• title documentation – purchase and sale agreement, general power of attorney, etc.;
• technical papers – PTS and others;
• a receipt confirming that the seller has received funds for the car.

In what cases are documents certifying legal status required?

When driving, you must always have a vehicle license, registration certificate and driver's license with you. If the car is transferred for temporary use, you should carry the title agreement with you.

Cases in which documents confirming the rights to a car are needed:

• when performing registration actions with a car at the State Traffic Inspectorate;
• when registering transactions for the alienation of a car: purchase and sale, exchange, donation;
• for presentation to a traffic police inspector during a road traffic inspection;
• to obtain a “green card” and the right to travel outside the country;
• when issuing a notarized power of attorney to grant the right of use to another person;
• when approving documentation related to the maintenance or disposal of a vehicle;
• for registration of compulsory motor liability insurance or comprehensive insurance, obtaining insurance;
• to perform legally significant actions that require confirmation of rights.

When completing transactions involving the transfer of ownership, confirmation of full ownership of the car is required. In other cases, a document regulating the powers for temporary use, disposal or ownership of a vehicle is suitable.

Court refusal, what to do

If the individual who applied received a negative decision on the issue of restoration of violated rights, then it can be appealed to a higher authority.

However, for a successful outcome of the case, it is worth considering some nuances and recommendations:

1. Pay close attention to the reasons for the minister of justice making such a decision.
2. Apply to the regional court only if you are able to argue each position of refusal with your own.
3. You must meet the deadline for filing an appeal, which is only 10 days from the date the person receives the extract. Having missed a time period for good reasons - being treated in a hospital, a serious condition that prevents such activities, the need to care for a close relative, reasons independent of the will of the party (emergency, man-made disaster), time is restored at the request of a participant in the process.
4. In the absence of a clear concept, it is recommended to seek help from a qualified auto lawyer. If possible, use the services of representation in the courtroom.

Reasons for refusal and procedure for appealing the decision

If the court decides to reject the claim, the applicant has the right to file an appeal within 10 days after receiving the notice. To do this, you should contact the regional court of the region where the case was heard.

When appealing a court decision, it is very important to study the reasons for the refusal, find shortcomings made during the proceedings, and, based on them, build an appropriate concept for protecting your rights.

If the car was purchased under a general power of attorney and as a result it was received by the buyer, the court may not see this as a violation of rights. Additional oral agreements between the parties to the transaction cannot be taken into account, because they are not confirmed by anything.

Important! The claim may also be rejected if the buyer was negligent when concluding the transaction and did not check the documents for the car. The same result awaits those victims who saw facts of violation of the law by the seller, but chose to ignore them.

Length of ownership - a way out of the situation

Many car enthusiasts who purchased a vehicle not at a dealership, but second-hand, are faced with a purchase that is wanted for theft. However, law enforcement officers are not immediately able to detect a stolen car that has already been successfully sold. More than one year has passed since the acquisition by the new owner.

For example, Sidorov purchased a Mercedes car in 2001, registered it and used it quietly until 2007. When it was necessary to undergo technical inspection again, the institution confronted the owner with the fact of illegal possession and imposed restrictions due to being on the wanted list. The man filed an application to the court to recognize his prerogative of property by acquisitive prescription (Article 234 of the Civil Code of the Russian Federation).

The court took into account the points related to acquisition and possession, namely:

1. The individual is considered a bona fide buyer, since he did not know and could not know about the replacement of numbers and engine upon purchase.
2. He used the vehicle as his own openly, without hiding anything.
3. For 6 years the owner of the car did not change, he owned it continuously.

Thus, the applicant meets all the criteria for restoring the preference of property based on the fact of ancient acquisition. By court decision, the authorized institution was obliged to return the car and remove the arrest from it.

Limitation period for recognition of property rights and jurisdiction of cases

Claim for recognition of rights to a car worth up to 50,000 rubles. can be submitted to the magistrate. If the car is more expensive, you must contact the district court. The defendant will be either the person claiming the car, or a third party who refuses to perform any actions in relation to the object.

Regarding the statute of limitations, judicial practice in such cases is ambiguous. The standard ID period of three years does not apply in many cases. For example, when a car is the subject of a dispute between former spouses, the statute of limitations is 1 year. But if there is strong evidence that a person owns a vehicle, he can be recognized as the owner at any time.

Points to be wary of when purchasing

The vigilance of the buyer when inspecting a potential item of purchase has not been canceled. If you are more attentive to the behavior of the seller, you can avoid many unpleasant consequences in the future.

Namely, you should be wary if:

• the price is set too low compared to the market average;
• only a duplicate of the PTS is displayed;
• It is proposed to issue a general power of attorney instead of purchase and sale;
• the existence of encumbrances has not been verified in a publicly available database. Such recklessness can lead to the loss of a lawsuit;
• the seller encourages the transaction to be completed without formalities. While often the execution and signing of a sales agreement will help, when the facts of encumbrances are discovered, to recover the costs incurred from the culprit.

How to purchase and what consequences may arise after purchasing a used car largely depends on the purchaser himself; everyone chooses a behavior strategy for themselves.

Registration with unpaid fines

The new owner becomes full-fledged in the eyes of the law after completing the transaction and re-registering the car. There are cases when the previous owner, before the alienation of the car, was held administratively liable for violating traffic rules, but did not pay the imposed penalties, as a result of which the offenses are listed in the database. Registering such a vehicle will be problematic for this reason (provided that the vehicle has not been deregistered) until the previous owner corrects the situation. If the car is purchased already with transit plates, i.e. deregistered, then there is no cause for alarm; all issues with unpaid fines were resolved by the time of deregistration.

The fact is that administrative responsibility is characterized by a number of features, including personal culpable responsibility. This means that only the person guilty of the offense is liable, and the punishment imposed must be carried out personally by him as a preventive measure. The newly hired driver will bear administrative responsibility only for offenses that he commits himself.