To be aware is to be armed…

A resident of Vitebsk applied to the regional prosecutor's office with a complaint about illegal привлечение to administrative responsibility for violating the speed limit. In his appeal, the applicant indicated that in 2016 he deregistered the BMW 730 car owned by him and sold it on a sales receipt to a new owner. Approximately since June 2017, the former owner of the car began to receive by mail resolutions on привлечение to administrative responsibility for speeding of the specified vehicle, recorded by video recording cameras. Not wishing to pay for someone else's offenses, the applicant contacted the buyer of the car, from whom he learned that he had unilaterally canceled the sales receipt and sold the car to an unknown person.

In connection with the above circumstances, the former owner applied to the traffic police department of the Vitebsk Regional Executive Committee, but they could not help him due to missing the one-month period established for submitting such applications.

The complaint filed with the prosecutor's office has also been left without substantive consideration, as it has not been paid with state duty. Taking into account the number of appealed resolutions, the amount of state duty payable was 92 rubles.

In order not to find yourself in a similar situation, car owners who use the services of commission stores should remember a few key points.

State registration of vehicles with the State Automobile Inspectorate of the Ministry of Internal Affairs of the Republic of Belarus is a special registration of movable property, which should not be confused with state registration of property rights.

If alienation transactions of mechanical

vehicles, concluded between individuals, in accordance with subpara. 1.1, 1.2 of para. 1 of the Decree of the President of the Republic of Belarus dated October 15, 2007 No. 504 "On Certain Measures to Regulate Transactions for the Alienation of Vehicles", come into force from the moment of their registration with the traffic police authorities. Therefore, when vehicles are alienated by legal entities and individual entrepreneurs based on a retail sale and purchase agreement, the buyer is issued only a sales receipt, which is the document confirming the conclusion of such an agreement.

Thus, if you have issued a sales receipt, then from that moment the ownership of the vehicle passes to the new owner. If, before the vehicle is registered by the new owner, an accident or other administrative offense has occurred, the former owner must prove the fact of sale of the vehicle; in this case, a copy of the sales receipt, certified by the original seal of the commission store, will serve as such proof.

A sales receipt can be canceled at the commission store that issued it, and only by mutual agreement of the parties, i.e., the former owner and the owner according to the sales receipt must be present at the termination of the transaction.

Upon receiving a copy of the decision on imposing an administrative penalty, the former owner of the vehicle, who was not driving it at the time of the speed limit violation recorded by special technical means, may challenge the decision by submitting a written application to the State Automobile Inspectorate of the Ministry

of Internal Affairs of the Republic of Belarus at the place of residence. One month is allocated for submitting this application. Extension of this period is not provided, so upon its expiration, the person loses the right to submit an application.

Subsequently, only a prosecutor can challenge an illegal decision. However, in this case, the applicant will have to pay a state fee for considering the complaint, the amount of which depends on the amount of the fine imposed. After six months from the date of the decision, such complaints are not subject to consideration by the prosecutor's office, and the person brought to administrative responsibility will have to pay the fine in any case.

Deputy Head of the Department for Supervision
over the Enforcement of Legislation and
Legality of Legal Acts
Junior Justice Counselor D.N. Kudryavtsev