Wednesday, July 27, 2011

Withdrawal of driving license: what the law is silent?

According to media reports, the traffic police are concerned that only 70% of motorists regularly pay the penalty receipts. Perhaps in the near future, the Ukrainian motorists will take away the right to bail, until the payment of a fine for violation. Analyst "Ligazakon:" Act a temporary exemption driver's license (license) provided so far only in the case of the driver of the offense for which he may be disqualified from driving (Article 265-1 of the Administrative Code). Decisions on such cases on adminpravonarusheniyah makes the court, and removal is a measure of enforcement of such a possible decision of this court. Temporary exemption does not preclude the possibility of a driver operating a vehicle, because in return he gets a temporary permit to drive the vehicle. Administrative Code provides that a temporary exemption terminates upon the entry into force of the Decision court proceedings. However, if a court within 3 months from the date of withdrawal has not appeared, driver's license must pay. For somewhat different answer to this question Method of seizures, approved by Cabinet. Here, in paragraph 6 of the Government linked the time of return of seized identity with the execution of court orders a driver (not with the latter enters into force). Such a formulation suggests, allows traffic police to hold ID in cases where a court order, predusmotrevshee punishment other than deprivation of rights management (eg, fines), already entered into force. Thus it is possible to have traffic police to control the execution of the driver and those court rulings are not relevant to the disqualification of transport management. This is, apparently, in direct contravention of the Administrative Code. The proposed innovation can expand the range of "providing a" measure. only provides it may be only for making the deprivation of rights management (since only in these cases, the driver must be right to withdraw), all the rest - it's not based on pressure from the state driver: I have you take away something, and you do not pay - do not get back. Not must then pick it right, you and other "value." Implementation of decisions of courts and other bodies ruling on cases involving adminpravonarusheniyah should be held executive service within the legal rules on enforcement proceedings. "

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