Information about imposing restrictions. Prohibition on registration actions

A car, being a means of transportation and not a luxury, as the classics of satire argued in their immortal work “12 Chairs,” in our time also qualifies as an object of property rights that their owners can dispose of at their discretion. A car, like any thing, ages, goes out of fashion, and its owner rushes to exchange it for a newer one or sell it and later acquire another modern iron horse.

The only thing that can darken a car owner’s joy is the news that it is impossible to deregister an old car for sale due to a ban on registration of the vehicle. In order to find out what it is and how to remove existing restrictions, read the article below - a recommendation.

What does a ban on car registration mean?

Let's try to understand this in more detail.

What it is

Completing a transaction with a car requires a set of registration actions, which consists of deregistering the vehicle, destroying, if desired, the old owner of license plates, registering and registering the car for the new owner and issuing him other numbers, a certificate for the car, as well as entering information to the information database and vehicle passport.

A ban on vehicle registration is the inability to perform any of the above actions. When an interested person applies to the traffic police authorities, which are entrusted with the functions of the registration department, a refusal will be received.

Video about how to check a car for registration bans and other restrictions before purchasing it:

The owner of a vehicle that has been banned from registration can use it, undergo an annual technical inspection, insure it, rent it out, issue a power of attorney to transfer the right to drive it, that is, dispose of it in full.

He even has the right to sell or exchange it by concluding the appropriate agreement, but it will be impossible to complete further formalities to legitimize the rights of the new owner and the car will continue to be registered with the previous owner.

Who can impose

The list of persons who have the right to restrict vehicle registration is as follows:

• judicial bodies (arbitration court, courts of general jurisdiction and magistrates);
• law enforcement agencies in the form of investigation and inquiry (police, prosecutor's office and investigative committee);
• customs department;
• guardianship and trusteeship authorities;
• Bailiffs Service;
• other organizations, in accordance with the law.

Now, let’s look at the situations and figure out which of the above-mentioned power structures and for what offenses can limit the owner’s rights to a car.

Courts

As judicial bodies designed to consider disputes between citizens and legal entities, courts can impose any prohibitions only within the framework of a petition filed by the participants in the case. According to the norms of procedural legislation, this is possible if one of the parties requests interim measures to be taken before a court decision is made.

Simply put, if the plaintiff filed a statement of claim in which the subject is a car, for example, the owner’s ownership is disputed, then in order to avoid that the defendant, who is its owner, transfers it to another person before the dispute is resolved, he asks the court to impose ban on vehicle registration.

The court, if there are objective grounds, can make a ruling and send it to the traffic police. This is also possible if a citizen is declared bankrupt and, in order to respect the financial rights of his creditors, a ban is imposed on alienating any property, including vehicles.

Law enforcement

They are also empowered to impose a ban on the registration of a car in situations where it was, for example, an instrument of crime; the driver, while driving the car, hit pedestrians. Either the car is wanted, or there are doubts about the reliability of its unit numbers, as a result of the detection of counterfeits or changes in factory markings.

Customs

It may issue such a ban if it has detected violations of the legislation on the import of a car into the territory of the Russian Federation and the payment of import customs duties. Under such circumstances, buyers will not be able to register it and register the vehicle in their name.

Guardianship and trusteeship authorities

They guard the interests of minor children and citizens declared incompetent due to illness or old age. If employees of this service have any doubts that a vehicle owned by the above-mentioned persons is being alienated in accordance with their interests, then they have the right to send an appropriate order prohibiting deregistration or entry into the traffic police database of information about the presence of restrictions in relation to the car .

Bailiffs

They are bodies called upon to enforce judicial acts. If the decision and the writ of execution issued on its basis contain an indication for the seizure and transfer of the car to the person named in the court documents, then he is first obliged to issue a decision to seize the car and send it to the traffic police.

Video - the story of a driver who bought a car with a ban on registration:

Bailiffs can seize property for the purpose of foreclosure on the debts of a citizen or organization, subsequently transferring it to specialized authorities for public sale.

Prohibitions and arrests imposed by bailiffs must be formalized by a resolution within the framework of the initiated proceedings, of which both the claimant and the debtor must be notified.

Other organizations

Others may refer to authorized government structures that, in accordance with the powers assigned to them, can impose bans on registration actions with vehicles. These include tax authorities, traffic police search departments and other competent services.

If the car is the subject of a pledge, about which the registration authority was notified at the time of concluding the agreement, then actions to remove it from registration are possible only with the consent of the pledgee.

Validity period of the ban on vehicle registration

The duration of such a restriction depends on who issued the prohibition measure. If this was the result of a court ruling as part of securing a claim, then the restrictions will apply until they are canceled by the court by a similar judicial act, and this will happen only after the final court verdict comes into force.

If the subject of the claim was the requisition of the car from the defendant and its transfer to the plaintiff, then the ban will apply until the court decision is executed, rendered in favor of the plaintiff.

In a bankruptcy case of a citizen or legal entity, the arrest imposed by the court may be effective before selling a vehicle at open auction and it will be possible to remove it only at the request of the arbitration manager.

Law enforcement agencies impose bans until the end of the investigation or establishment of all the circumstances in the criminal case initiated. If it is determined that the vehicle was not involved in an illegal act, the arrest may be lifted at the request of its owner by a police officer or an investigative committee officer.

Customs, after verifying the correctness of import and payment of all payments, can cancel all restrictions imposed on its initiative if it is satisfied that the vehicle is clean and complies with the law. If violations are detected, the person concerned will be asked to pay all necessary fees and charges, after payment of which the bans will be lifted.

Guardianship and trusteeship authorities are obliged to check the reasons why representatives of minors or incapacitated persons intend to make a transaction with a car, and if it does not violate their rights, but is aimed at protecting their interests, for example, it is necessary to sell a car to buy medicine or pay for a child’s education, then they restrictions may be lifted.

If the purpose of deregistration is illegal and mercenary motives, then the ban may last until the child reaches adulthood or until the circumstances are eliminated resulting in the inability to complete registration actions.

The duration of the restrictions imposed by the bailiff's decision depends on the content of the writ of execution. If the arrest was imposed for the purpose of transferring the car from the person who unlawfully took possession of the property to its rightful owner, then it can be lifted at the initiative of the bailiff to register the title for the new owner.

In the event that a vehicle is seized for sale and settlements with the debtor’s creditors, the basis for lifting the ban on registration actions will be debt repayment and the end of enforcement proceedings.

How to check a car for registration bans

All existing prohibitions and restrictions are contained in the traffic police database, so a potential buyer who has decided to acquire a used car must make sure that the car is “clean”.

The video is a clear example of how to check a car for restrictions using the traffic police database:

The same applies to a conscientious seller who does not want to let the buyer down; if he is not sure that everything is in order with his iron horse, then it is better to check in advance and take care of the possibility of completing registration actions properly.

On the official website GIBDD.ru, checking a car for restrictions does not cause any difficulties. To do this, in the “Online services of the traffic police” section, click on the “Vehicle check” button.

After which we will go to the “Vehicle Check” page, on which all possible types of checks will appear, regarding the car’s participation in an accident, whether it is on the wanted list, the history of registrations with the traffic police and, finally, about existing restrictions.

To start checking, you will need to enter the vehicle identification number (VIN) and click on “request verification”

Then enter the captcha in the form of numbers from the picture and the system will provide an answer to the request.

If there are restrictions, you can contact the traffic police MREO directly and receive upon request all the information about who imposed them and on what basis.

If the response received does not clarify the entire situation, then you will need to contact the authority that imposed the ban directly.

Video - what to do if the traffic police website.ru reveals restrictions on registration actions with a car:

If it is impossible to carry out registration actions on the initiative of the court, there is no point in going there, since the court does not give any explanations; you can only familiarize yourself with the case materials and appeal the ruling if it is unlawful.

How to remove restrictions

To lift the ban on registration actions, it is necessary to obtain all the documents on the basis of which the prohibitive measures were taken. In a situation where the owner of the car considers himself right and believes that everything was done by mistake or without legal reasons, then you need to contact the body that imposed the restrictions, presenting all the evidence confirming his rightness and the illegality of the actions of the authorized agency.

If this does not lead to cancellation, then there is only one way out - to prove the opposite in court, appealing against the actions of officials on whose initiative the decisions and orders prohibiting registration were adopted.

Video - how to speed up the removal of restrictions on a car:

If the reason for the arrest is the presence of a debt by court decision, then you need to pay it off through the bailiff or directly to the collector and provide a copy of the receipt or payment order.

If restrictions are imposed by customs authorities or the police, you will need to wait for the results of the inspection and a legal decision. If it consists of a requirement to pay a fee, then it will be possible to register the car only after all formalities have been completed.

You will also have to wait for the completion of the trial if the ban was a consequence of interim measures. You can, of course, try to cancel the ruling, but if there are objective facts that led to the issuance of the appealed judicial act, this will be quite problematic.

The owner of a vehicle may not always know that his property has been seized. Sometimes this becomes known during a check by a traffic police officer or during re-registration.

Therefore, you need to understand the reasons for the arrest, how to check the car for a ban, and how to remove the arrest from the vehicle.

Basic Concepts

Seizure of property is a measure to secure a claim. Courts, customs authorities, and bailiffs impose restrictions on the use and disposal of property. This serves as a guarantee that the demands of the injured party will be fulfilled. With the imposition of restrictions, it is not possible to deregister a vehicle with the traffic police and re-register it to another person. After receiving the decision of the authorized body, the bailiffs inform the traffic police authorities and the owner of the car about it.

Concepts such as “restriction”, “arrest”, “ban” have significant differences. They should not be confused with each other.

Taking into account Article 51 of Federal Law No. 229-FZ dated 10/02/07, it becomes clear that arrest is a broad concept. It is accompanied by an inventory and a ban on the disposal of the defendant’s property. Thus, both prohibition and restrictions apply.

The ban prevents specific actions with the vehicle. A restriction is imposed on the exercise of ownership of a car. It is used for rent, collateral, arrest. Knowing the significant difference between these concepts, the car owner will be able to challenge the restrictive measure if it was applied in violation of the law.

Normative base

Article 80 of the Federal Law No. 229-FZ dated October 2, 2007 regulates the procedure for seizing the debtor’s property. The rights and responsibilities of the federal representative carrying out the described actions are indicated here. The Code of Civil Procedure of the Russian Federation sets a month for appealing a court decision. It also stipulates that the effect of interim measures continues until the claim is fully satisfied or until the court decision is executed (Article 144 of the Code of Civil Procedure of the Russian Federation).

Commissioners

Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008 explains that registration actions with a car are terminated when there is a ban and restriction imposed by the following authorities:

1. The funds are seized if there is a court decision to collect rent arrears, pay taxes, fines, alimony, loans, or a violation of administrative law. This also applies to cases where the defendant does not intend to repay debt obligations.
2. Investigative authorities. They resort to this method if the ownership or division of a vehicle is being decided. The property cannot be sold until the final court decision. This measure also helps to secure a claim of a material nature. In this case, the car may be confiscated.
3. Representatives of social protection. Restrictions are imposed when the rights of minors are affected.
4. Customs services. They resort to this method during illegal customs clearance of property when they imported it into Russian territory. Sometimes expensive foreign cars undergo a document obtaining scheme that is used for simple passenger cars.
5. Traffic police Vehicles involved in an accident that have damaged VIN codes, nameplates, or plate fastenings are seized.
6. Other bodies with appropriate powers.

How to remove a lien from a car

Restrictions are lifted only after the demand has been satisfied. In this case, it is worth taking into account all the subtleties of the relevant procedure.

Need to know:

1. A ban on the right to dispose of property acquires legal force only after a court decision is made. A judicial act can be challenged if it is illegal. Even if the initiative came from customs inspectors or bailiffs.
2. The FSSP representative hands the owner of the vehicle a resolution with the specified reason. If the debtor does not agree with the decision, he has the right to submit a written request to explain the details of the case.
3. When the location of the property or owner is unknown, the court first makes a decision to impose a ban on actions related to car registration. Then the data is submitted for search.

Legislation is constantly undergoing changes, so it is best to keep up with them. Interim measures are lifted only by the authority that introduced them (clause 45 of Order No. 1001 of the Ministry of Internal Affairs of the Russian Federation).

Procedure

To remove restrictions and prohibitions, a strict algorithm of actions is followed:

1. It is necessary to find out who and for what reason. For this purpose, special online services are provided by the representatives of the State Traffic Safety Inspectorate and the Federal Bailiff Service. Such information is not confidential, so finding it out will not be difficult.
2. Take a copy of the resolution with the imposed sanctions from the MREO. Please read the document carefully. Decide whether the penalty applied is legal and whether there really is a violation on the part of the person.
3. If the decision of the authorized body is illegal, it can be appealed. When applied correctly, you just need to eliminate the cause: pay off the debt, compensate for the damage. And only then submit a request to lift the sanctions.
4. The next step will be to obtain a resolution to lift restrictions from the authorized body.
5. Documents to the traffic police may be sent late. Therefore, it is better not to wait for this, but to take them a copy of the document on payment of the debt and the resolution to lift the ban.

When the seizure is canceled, the owner of the vehicle will be able to freely:

• sell;
• deregister;
• give;
• register;
• lay;
• to rent.

Arrest imposed by bailiffs

The actions of bailiffs are set out in Federal Law No. 229-FZ dated 10/02/07. To find out how to remove a seizure from a car, and how legal the sanctions are, you need to visit the FSSP office and familiarize yourself with the documents that relate to a particular case. It is not possible for the defendant on a material issue to cancel the arrest order before the final court decision is made.

If the debt obligations were repaid a long time ago, you only need to present the bailiff with documents that confirm this.

In most cases, such problems are quickly resolved. When the misunderstanding remains, the defendant files a statement of claim in court. If sanctions were imposed by several bailiffs, then they are all individually required to issue their own written decision to cancel the corresponding sanction.

If violations of the law are detected, the arrest imposed by the bailiffs is canceled in two ways:

1. A complaint is filed addressed to the head of the FSSP (ten days are allotted).
2. A lawsuit is filed.

Filing a claim in court poses some difficulties:

• The bailiff cannot act as a defendant, since he is a third party;
• To prove your rights to own a car, you must provide a package of documents;
• Since it is easy for an ordinary person to make a mistake in the formulation of demands, arguments, circumstances, a claim is filed by a lawyer.

Restrictions imposed by the court

The ban is lifted by filing an application with the court in which the case was heard. The document must contain detailed circumstances allowing the previous court decision to be annulled. The papers are submitted to the court office with a copy of the previous decision attached. The judge will decide on the date of the new hearing, which will take place regardless of whether all parties to the conflict are present.

Based on the requirements presented, a decision will be made to cancel the seizure of the car, a writ of execution will be signed and submitted to the FSSP.

The bailiffs will give the necessary order to the traffic police. This usually takes about five days.

If you purchased a car that has already been seized, you will have to make more efforts. The best option would be to file a petition with the court to terminate the contract with the dishonest seller and return the money.

There are situations when property is seized for the debts of the previous owner after a change of ownership. In this case, it is important to check the purchase and sale agreement. The document must be dated before the restrictions were imposed. Next, it is enough to write a statement to the court indicating the fact that at the time of purchase the vehicle was not seized. It is better to collect additional evidence in addition to the contract.

It could be:

• paper indicating that the seller at the time of the transaction did not have the right to dispose of the car;
• repair receipt;
• insurance policy in the name of the new owner;
• document confirming the completed technical inspection.

At the traffic police

The restrictions imposed by the traffic police department are easy to remove. It is enough for the inspector to inspect the suspected product and make sure that there are no changes in the numbers of units and components. But it may be that the imposed ban has already been lifted, but the information was not transferred to the traffic police and the corresponding act was not issued. Similar shortcomings are eliminated by filing a complaint with the court. The document must contain data according to which the arrest loses legal force. A government representative will raise materials on the case and cancel the sanctions.

The complaint must contain information:

• name of the traffic police department or full name of the official;
• applicant's details (full name, contact numbers, postal address);
• information about violation of the law;
• list of attached documents.

Arrest on registration actions

A ban on registration actions is significantly different from the complete seizure of a vehicle. You can drive a car, but you cannot re-register it. By Order of the Ministry of Internal Affairs of the Russian Federation No. 605 of 08/07/13, new administrative regulations were introduced for the registration of cars in the traffic police. The registration procedure has been greatly simplified.

Statement

The statement of claim is drawn up in accordance with all norms of civil proceedings. The information is presented clearly, competently, concisely, and to the point.

The following data is required:

1. On the right is the name of the court where the claim is being sent.
2. Below is the defendant’s information (full name, registration, contact information).
3. If in the previous consideration of the case the applicant was the defendant, then now it is worth indicating the former plaintiff as a third party.
4. “Statement” in the center. There is no period at the end.
5. The following paragraph briefly and succinctly outlines the requirements. Business style of writing is observed. It is drawn up in free form. The seized property is described: registration number, brand, when and by whom it was released, VIN code, color, technical characteristics. Who imposed sanctions and when. Sanctions case number. It is imperative to provide a link to the relevant law.
6. The document ends with the date of preparation, the personal signature of the plaintiff and its transcript.

It is worth checking whether documents are attached that confirm the stated claims.

How to check whether the arrest has been removed from the car or not

The FSSP and the traffic police have all the necessary data. These federal services have Internet resources. Their online services allow you to obtain information in a matter of minutes about whether the arrest has been removed from the car or not. The applicant needs to go through a simple registration on the website. By filling out a short form you can get all the information you need. To do this, enter the vehicle registration plate or VIN code and the verification code shown in the figure.

By officially contacting the traffic police department, you can also obtain information about the sanctions imposed on the vehicle.

You can remove the seizure from your car by contacting the authority that imposed the sanctions. Evidence must be provided that the prohibition or restrictions are no longer valid. You can check whether any sanctions apply to a vehicle on the official portal of the State Traffic Safety Inspectorate, FSSP.

A large number of motorists buy and sell vehicles on the secondary market. There are cases when, after completing a transaction, the new owner cannot register his acquisition. The reasons are prohibitions on registration actions. What to do in this case? How can a buyer protect himself from purchasing a “problem” car?

General concept

In some cases, employees apply such measures of influence against the debtor as prohibitions on registration actions in relation to the vehicle.

The bailiff can apply such a measure of compulsory collection in relation to any category of debtors (individuals and legal entities), as well as for any subject of collection (fine, debt, alimony).

This is done in order to encourage the debtor to fulfill his obligations under the writ of execution. The type of executive document in this case also does not play any role. This may be a writ of execution or a resolution of an authorized body (for example, the Pension Fund or the State Traffic Safety Inspectorate).

Consequences of use

As a rule, the debtor continues to drive his vehicle, unaware that he has been subject to a ban from the bailiffs on registration actions.

Often only the new owner of the car finds out about this. And often this happens at a time when he is trying to register a car purchased by proxy. In this case, the traffic police department refuses to register the car due to the ban imposed by the bailiff.

Any vehicle owner who decides to sell his car may face similar consequences if he fails to fulfill certain obligations.

Restriction mechanism

Just a few years ago, the restriction order was issued by the bailiff exclusively on paper and sent for execution to the registration authority by mail or by hand. This process took up precious time, because the debtor had the opportunity to rush in and remove the vehicle from the register before the ban was imposed. As a result, the defaulter lacks movable property, through which it would be possible to pay off debts, for example, alimony, which is very important.

With the development and implementation of new software in the field of accumulation, transmission and exchange of information, the process of imposing bans on registration actions has become noticeably simplified.

Now it is enough for the bailiff to issue such a decision electronically and send it to the traffic police registration authority.

Thanks to the signed agreement on electronic document management between the Federal Service and the Ministry of Internal Affairs, the bailiff generates an electronic request, which goes directly to the registration and examination department of the State Traffic Inspectorate.

The bailiff is obliged to notify the debtor and the collector in writing about each of his actions and its results by registered mail or by hand against signature. Such legal requirements are associated with granting the debtor (collector) the right to appeal in court.

For example, in case of disagreement with the valuation procedure carried out by the appraiser and the established value of the property, the parties have the right to go to court.

Where does the money from the sale of seized property go?

After the successful sale of property, the proceeds from the sale are used to pay off all debts the debtor has in accordance with the order of collection:

1. Alimony, moral damage, compensation for harm to health and payments for the loss of a breadwinner.

2. Wage debts.

3. Debt to the budget and extra-budgetary funds (for example, insurance premiums, taxes, fines, including traffic police).

4. Other debts, including loans.

Prohibition as security for a claim

In some cases, an injunction may be established on registration actions at the request of the plaintiff to secure the requirements of the claim.

In this case, in the ruling and, accordingly, in the writ of execution, the court prescribes the name, state sign and owner of the car.

Such enforcement documents received by the Federal Service are subject to immediate execution, that is, the bailiff immediately initiates enforcement proceedings and at the same time issues a ban order.

Removal of such a ban is possible only on the basis of a court ruling.

In addition, the court often immediately sends the ruling to the registration authority of the State Traffic Safety Inspectorate, and the restriction is imposed by two structures at once.

In the process of satisfying the plaintiff's claims, the ban may be lifted, or a decision may be made to foreclose on the debtor's property (for example, if it is pledged to a credit institution). In turn, foreclosure involves arrest with the subsequent sale of property at auction. If the ban on registration actions is lifted, only the pledgee has the exclusive right to receive funds from the sale of the pledged property.

1. Before drawing up a purchase and sale agreement, it is necessary to check for the prohibition of registration actions and the presence of restrictions imposed on it through the official websites of the FSSP, the State Traffic Safety Inspectorate, as well as the website of the unified register of pledged property or upon a written request to the authorized bodies.
2. You should not purchase a car by proxy. It is more correct to insist on carrying out registration actions in parallel with the signing of the purchase and sale agreement.
3. Be sure to check the documents for the car. If the vehicle is pledged to the bank, the seller will not be able to provide the original title (it is always located at the credit institution).
4. In addition to the authorities described above, a ban on registration of a car can be imposed by customs authorities (in case of violation of the rules for passing customs control), and the car is generally listed as stolen.

Similar actions and mechanisms are provided for self-propelled machines (tractors, excavators, etc.) and

Conclusion

A ban on registration of a car may be imposed due to a certain number of reasons. Therefore, in the process of completing a transaction, it is necessary not only to inspect the subject of the contract. It is also important to check whether registration actions are prohibited. These events are available today and through online resources. The future owner will be able to obtain the necessary information after indicating the vehicle's VIN number.

Be vigilant and pay your debts on time!

A ban on vehicle registration by bailiffs is a problem that any debtor company may face. What to do if a car is needed, but the authority made the decision illegally? Let's consider what arguments will help remove the restriction on registration actions from cars.

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Read our article:

If the owner actively uses transport to conduct his business, urgent action must be taken. A ban on car registration by bailiffs threatens the company with losses. She will not be able to manage transport in full.

Car owners know what restrictions on vehicle registration are. Any changes to the PTS, change of owner or data about him will require registration actions (clause 4). But such actions cannot be carried out while the bailiff has imposed restrictions.

To remove the traffic police’s restriction on vehicle registration, it is necessary to appeal the actions of the bailiffs. Often the court takes the side of the FSSP. But the company has a chance to challenge the decision and remove the restriction on vehicle registration if the bailiff imposed the ban illegally.

Urgent message for a lawyer! The police came to the office

Restricting registration actions on a car is illegal if the property does not belong to the debtor

There are situations when the bailiff issues a decision to prohibit registration actions in relation to vehicles without taking into account the circumstances. The machine can:

• be leased and not owned by the debtor;
• change the owner on the eve of the date of the decision to impose restrictions, etc.

In this case, the company has the right to go to court and demand that the actions of the bailiff be declared illegal.

The court will lift the restriction on registration of a car if the property has a different owner

The debtor company did not pay the debt under the writ of execution. This became the reason for the ban on vehicle registration by bailiffs. But the debtor went to court. He indicated that the disputed property did not belong to him. The plaintiff presented a leasing agreement and an acceptance certificate for the car. That is, restricting registration actions on a car was illegal.

The court supported the plaintiff. The bailiff's decision did not comply with Art. 64 and art. 69 of Law No. 229-FZ. The vehicle does not belong to the debtor. The bailiff violated the rights and legitimate interests of the owner on whose property he imposed restrictions ().

The court also noted that the law does not require filing a separate application and asking the bailiff to release the property from seizure. If the applicant can prove the illegality of the bailiff’s actions, he has the right to defend his rights in court ().

In another case, a bailiff seized a vehicle. The debtor challenged the relevant decision, since the disputed property did not belong to him by right of ownership. The applicant obtained the cancellation of the arrest in court ().

The seizure of a car is illegal if the bailiff made a mistake when indicating the debtor

There are situations when people who have no debt have to challenge the arrest.

For example, in one case, the bailiff did not verify the data and initiated five enforcement proceedings against the debtor’s namesake. Matched: last name, first name, patronymic and date of birth. The passport details and place of residence were different. A conscientious person had to go to court (appeal ruling of the Moscow City Court dated May 24, 2017 in case No. 33a-3710/2017).

It is impossible to introduce a ban on registration actions in relation to vehicles at the request of a non-property nature

The bailiff does not have the right to limit the registration actions of the debtor if they do not relate to the subject of execution. A car cannot be seized if the court ordered the defendant to take actions that are not related to the vehicle (for example, the person does not comply with the requirement to demolish an unauthorized building, does not vacate the land plot, etc.). In this case, the restriction on registration actions for a car can be challenged ().

For example, the court imposed an obligation on the defendant to vacate an unauthorized plot of land. The bailiff initiated enforcement proceedings. When the deadline for execution expired, the bailiff issued a new act, which declared a ban on registration actions in relation to the vehicle that belonged to the defendant.

The court declared the ban illegal. He indicated that the scope of the requirements of the executive document should be correlated with the enforcement measures (clause 2.2). The bailiff violated the balance of rights and interests of the debtor and the collector. There were no grounds to impose a ban on the registration actions of the traffic police in relation to the car. The debtor's property is not the subject of execution within the framework of controversial proceedings regarding claims of a non-property nature ().

It is impossible to apply the ban on registration actions of the traffic police to the valuable property of autonomous institutions

The law provides for special regulation in relation to autonomous institutions. It is impossible to seize the movable property of such organizations if it is especially valuable.

Thus, an autonomous institution was a debtor in summary enforcement proceedings. A ban was issued by bailiffs on the registration of a car that was at the disposal of the company. The company filed a claim: the disputed property is in operational management, so it cannot be foreclosed on (Part 4, Article 2). The applicant presented an order from the Committee on Physical Culture, Sports and Youth Policy, which recognized the disputed car as particularly valuable property. The court decided that the traffic police’s restriction of registration actions on a car is contrary to the law and violates the rights and legitimate interests of the applicant ().

For those who got into the same situation as me, namely received a ban on registration of actions with a vehicle.

Before selling the car, the buyer checked the restrictions on the body number here http://www.gibdd.ru/check/auto/ and it turned out that on August 23, 2016, the bailiffs imposed a ban on registration actions with the vehicle. It is unclear why, to whom (this is important), and what kind of district or regional bailiffs they are (they have different databases).

Out of ignorance and in shock from a recent visit to the traffic police MREO, I registered on the government services portal https://www.gosuslugi.ru/ to get an appointment without a queue. To do this, it was necessary to confirm your identity at the nearest point https://esia.gosuslugi.ru/public/ra/ and actually receive the coveted pin code for presentation to the MREO.
I showed up at Borodin, I was about to take a ticket, but the consultant at the counter told me to go directly to the Chief Inspector at window 8. Where I was informed that they do not deal with bans, they are done by bailiffs (FSSP) and you go to these 4 letters and deal with them. In response to my request to tell me the number of the enforcement proceedings, they were sent to the same place.
But I was preparing, and I found out in advance who these FSSPs are, where their district department is and where the main office is. They have a website where you can search for enforcement proceedings by name http://fssprus.ru/iss/ip, which I did, naturally I did not find any proceedings against myself, they told me the same thing over the phone when I got through to them. Arriving at the Kirov department of the FSSP (Nemirovicha 100/1), I ended up in office 117, where I was sent to office 102, where I waited in line to get an appointment. There they told me the same thing and said that they couldn’t issue any certificates and couldn’t lift the ban, because... Perhaps the regional FSSP did this and they do not have access to their database. In general, in order to do this, you need to obtain a “vehicle registration card” from the MREO.
I go to the MREO on Borodino and get this card. The same senior inspector gave her away instantly with some kind of grin that was incomprehensible at first.
I’m going to the regional FSSP (Krasny Prospekt 86/1), there is very strict security and access control, I had to hand over the knife to the shift. I end up in room 306, where a uniformed grandmother tells me that she has nothing on me and you go back to your MREO and get a “map of the restrictions imposed on the vehicle,” and here the senior inspector’s grin became clear. That is, the regional FSSP has imposed a restriction by initiating enforcement proceedings on the vehicle and does not know the number of this enforcement proceedings and cannot find it by the body number KARL!!! and this is in the age of information technology.
I’m going to the MREO, where the same senior inspector tells me that they haven’t dealt with these restrictions for 3 years now, that it’s absurd that he should tell me the number of the enforcement proceedings so that I can present it to those comrades who started this enforcement proceedings and sent them away it to the traffic police and now, having taken it to the traffic police, I must tell them this number. As a result of 5 minutes of such bickering, he finally prints out a map of the restrictions imposed on the vehicle, where it turns out that the regional FSSP imposed a ban on the previous owner of the vehicle (according to the PTS) on the old license plates (a traffic police fine of 500 rubles).
Then I realized my mistake when I bought a car from a seller by proxy 10 years ago, although the car was deregistered and in transit. Apparently in the database used by the FSSP, it was not removed from the previous owner.
I’m going to the FSSP (Red 86/1) I present a restriction card, PTS, passport, registration card, I receive a decision to lift the ban, remove the ban from the FSSP databases and send the data to the traffic police, where within a week or whatever, this ban will also be removed.
There was neither time nor energy to go back to the MREO to immediately enter the lifting of the ban into the database.

This is the age of information technology, and you still ask why there are such traffic jams.

Z.y. immediately ask the MREO for a “vehicle restrictions card”, they will admonish you that you don’t need one, we don’t want it, we won’t give it to you, but without it the FSSP will look at you with the eyes of a cow and won’t do anything.