Supreme court: in some cases, car registration no need to pay
The Supreme court could not change the approach of the traffic police to payment of services in registration of cars
The Supreme court decision is important for all car owners of the country, because it comes to the issue of registration of cars. The meaning of the armed forces dismantled the administrative case is that the unlawful cancellation of registration of the car (if during the inspection the inspectors of traffic police was an inaccuracy or error) when restoring the vehicle registration the state fee is not charged.
The traffic police was forced to give a clarification, the rules of registration of vehicles are the same, because the armed forces established their legitimacy.
The car owner from the Far East became the initiator of consideration of the case due to the fact that in 2017 the decision of the local traffic police account of his Toyota SUV Land Cruiser 200 was cancelled. The staff of the office of the state traffic Inspectorate during inspections conducted found that the SUV changed the chassis number and engine that had signs “no factory performance”.
Hoping to challenge the decision of the local traffic police, the motorist appealed to the court of Petropavlovsk-Kamchatsky. The court of first instance sided with the motorist, recognizing that officers did not collect sufficient evidence for termination of registration of the vehicle. For a full examination, the court said, it was necessary to remove the engine and transmission (not clear why). MIA, of course, did not do this, so the cancellation was premature and unfounded.
On that the story would have ended, but the management of traffic police in the enforcement of the court decision and demanded the car owner to re-register paying the registration fee. This is quite a reasonable fee in the formulation vehicle registration, according to the Ministry of internal Affairs order No. 605, but not in this case, because the driver removed his SUV from the register at his own will, and in fact because of a mistake of the interior Ministry.
The owner went to the principle, appealed to the Supreme court. Requirement one: to cancel the item 605-th order, according to which the restoration of the registration, the driver must undergo anew all administrative procedures.
The Supreme court’s decision
As it turned out in the course of proceedings in the high court. We are talking about the “erroneous interpretation” of documents officials, and incorrectly formulated their ideas in the court of first instance, pinning them in its decision. Recovery procedure check is used absolutely in other cases and under other circumstances.
In fact, in a particular situation, inspectors had to “cancel” to cancel registration.
“From a technical point of view, the inspector simply restores “the registration card of the vehicle” in the information system FIS GIBDD-M, said the head of the Department of registration and examination activities of the traffic police of Russia Roman Mishurov” reads the website of the newspaper “Kommersant”.
It is also reported that the traffic police of Russia has sent out in the regional management letters to the inspectors explained what to do in such situations, this information was confirmed by the Roman Mishurov.
“If the police deemed illegal and the decision of the court registration of the car needs to be restored, no “additional burdens” on owners are not able to bear. The driver enough to bring in the traffic police the decision of the court (the machine for inspection also do not have to provide), the rest of the work will be done by the employees”, stresses on kommersant.ru.
But even this legislative inconsistencies do not end there. The Supreme court also noted another important difference, which in the future may prevent free recovery registration cancelled in such cases: the order of the Ministry of interior described the situation, where a court decision the registration is restored when all procedures. Surprisingly, admindemo fundamental car owner is covered by this version from a formal point of view.
So what decision was made by the armed forces? In fact, the Supreme court REFUSED satisfaction of the claim, recognizing MIA order No. 605 not requiring changes. However, the gift thing has not passed. Traffic police have prepared explanations of the rules of registration of vehicles. If no errors, the inspectors did not commit, the police have the right to require the payment of state duties, otherwise their claims will be inherently illegal.