Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings

To date, there is a legal problem in Ukraine, which is the result of a large number of illegal actions of state and private enforcement agents related to the seizure ofa vehicle that once belonged to the debtor in enforcement proceedings, but which at the time of the enforcement proceedings commencement or the imposition of the relevant arrest is the ownership of another person who is not a debtor under enforcement proceedings. Illegal actions of law-enforcement officers and the imperfection of the legislation of Ukraine violate the property rights of bona fide purchasers, do not allow them to take actions regarding the registration of the vehicle in the bodies of the Ministry of Internal Affairs of Ukraine, and force them to go to court to protect their rights. However, it should be noted that in most cases, legal ignorance and imperfect justification of the legal position become the basis for refusing to grant such a claim. In this regard, this article presents the results of a scientific and legal study of the issue, identifies the gaps in the legislation of Ukraine that led to this problem, and also provides recommendations for lawmakers to perform changes to the legislation of Ukraine that could address the issue. Additionally, the article provides legal conclusions on determining the ownership of a vehicle (in particular, the moment of transfer of ownership from the seller to the buyer), taking into account the peculiarities of vehicle registration in the bodies of the Ministry of Internal Affairs of Ukraine, as well as on determining the legal status of such a vehicle registration procedure means and determination of the legal status of the actions of state and private enforcement officers regarding the seizure of the transport property of a person who is not a debtor in enforcement proceedings. In addition, the paper provides legal conclusions regarding the existing options for applying to the courts with requests to remove the wrongful seizure from the vehicle.

Authors

Publication Details

Journal
Analytical and Comparative Jurisprudence
Published
2024-10-12
DOI
https://doi.org/10.24144/2788-6018.2024.05.87
Primary Topic
Legal Studies and Reforms
Type
article
Field-Weighted Citation Impact
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article

Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings

V. Marinich, M. Myklush
Analytical and Comparative Jurisprudence
Legal Studies and Reforms
article

Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings

V. Marinich, M. Myklush
article en

Abstract

To date, there is a legal problem in Ukraine, which is the result of a large number of illegal actions of state and private enforcement agents related to the seizure ofa vehicle that once belonged to the debtor in enforcement proceedings, but which at the time of the enforcement proceedings commencement or the imposition of the relevant arrest is the ownership of another person who is not a debtor under enforcement proceedings. Illegal actions of law-enforcement officers and the imperfection of the legislation of Ukraine violate the property rights of bona fide purchasers, do not allow them to take actions regarding the registration of the vehicle in the bodies of the Ministry of Internal Affairs of Ukraine, and force them to go to court to protect their rights. However, it should be noted that in most cases, legal ignorance and imperfect justification of the legal position become the basis for refusing to grant such a claim. In this regard, this article presents the results of a scientific and legal study of the issue, identifies the gaps in the legislation of Ukraine that led to this problem, and also provides recommendations for lawmakers to perform changes to the legislation of Ukraine that could address the issue. Additionally, the article provides legal conclusions on determining the ownership of a vehicle (in particular, the moment of transfer of ownership from the seller to the buyer), taking into account the peculiarities of vehicle registration in the bodies of the Ministry of Internal Affairs of Ukraine, as well as on determining the legal status of such a vehicle registration procedure means and determination of the legal status of the actions of state and private enforcement officers regarding the seizure of the transport property of a person who is not a debtor in enforcement proceedings. In addition, the paper provides legal conclusions regarding the existing options for applying to the courts with requests to remove the wrongful seizure from the vehicle.

Analytical and Comparative Jurisprudence(5)
Peace, Justice and strong institutions
Openalex Percentile: Top 72%
Legal Studies and Reforms
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Removing the arrests unlawfully seized by the state or private enforcement officer on the vehicle that belongs to one who is not a debtor under enforcement proceedings — V. Marinich, M. Myklush · Analytical and Comparative Jurisprudence (2024) | TGRS Research Map | TGRS