Does another person have the right to drive a car in the presence of the owner of the car - without any documents?

PAPER POLICY

A traffic police inspector stopped me and demanded to see my MTPL policy. I said that my policy was electronic and even showed it on the tablet screen. However, the inspector was not satisfied with this. He also refused to check the database, saying that he did not have access to the Internet. As a result, he issued a fine for not having a policy. Is the inspector right? And if not, what to do in such a situation?

SAVCHENKO, Tomsk region

The inspector is right. According to Article 32 of Federal Law No. 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners,” the driver is required to carry an insurance policy or information printed on paper about the conclusion of a compulsory motor liability insurance agreement in the form of an electronic document and transfer it to the employees for verification police. For failure to comply with this requirement, the driver will be given a warning or fined 500 rubles (Part 2 of Article 12.3 of the Code of Administrative Offenses of the Russian Federation). You should print out the policy and take it with you.

The Federal Air Transport Agency cannot answer the question: does Putin have the right to fly an airplane?

Vladimir Putin is recognized as a phenomenon of such a multifaceted nature that the Federal Air Transport Agency cannot answer the question of whether the head of government has the right to fly an airplane or not. Moreover, the department does not even know which government body in the country is responsible for state aviation. infox.ru writes about this. Lawyer and public figure Alexei Navalny became interested in Prime Minister Vladimir Putin's flight on an amphibious aircraft in early August. Then the head of government took part in extinguishing forest fires from the air. Putin took the place of the co-pilot in the Be-200 firefighting aircraft, without having the right to fly the aircraft.

“I then suggested having some fun by writing complaints to various authorities, including the Federal Air Transport Agency, to see how these authorities would struggle funny,” Navalny recalls.

The first response to the lawyer’s request came from the Federal Air Transport Agency on August 30. Deputy head of the department Vladimir Dmitriev said that “the Federal Air Transport Agency exercises the powers of state regulation in the field of civil aviation,” while the BE-200 aircraft of the Russian Ministry of Emergency Situations is registered in the state aviation register. Therefore, consideration of the issue, as summarized in the letter, “is not within the competence of the Federal Air Transport Agency.”

Navalny complained to the Prosecutor General's Office. This department saw a violation in the response of the Federal Air Transport Agency: according to the law, the federal agency should have forwarded the appeal to the person whose competence includes consideration of this issue.

“Well, the Federal Air Transport Agency answered. This answer is worthy of taking a prize in the competition “the most pathetic attempt to cover your ass,” the lawyer wrote in his blog on LiveJournal. “The questions set out in the appeal dated August 16, 2010 are multifaceted and it is not possible for Rosaviation to identify a government body that would answer the questions raised,” the department’s response says. Moreover, the deputy head of the Federal Air Transport Agency, Dmitriev, admits that “Rosaviation does not know of an executive body vested with the authority to carry out state regulation of activities in the field of state aviation.” So it is “not possible” to redirect the request.

“That is, gr. Putin flying on an airplane is recognized as a phenomenon “of such a multifaceted nature” that the Federal Air Transport Agency cannot identify the government body that should deal with this issue. That is, for a minute, the Federal Air Transport Agency of the Russian Federation does not know the body empowered to regulate state aviation. Isn't this wonderful? In a country where everything is regulated, down to the size of anthills and the width of the stripes on the backs of chipmunks, huge airplanes fly, which are controlled by no one knows who, and it’s not clear who is responsible for it. It seems that gr. Putin V.V. flew on a UFO,” Navalny sneers.

SNOWMOBILE ON THE ROAD

Do traffic police inspectors have the right to stop snowmobiles to check documents? What sanctions can be applied to drivers?

MIKHAIL, Perm region

I would like to draw your attention to the fact that snowmobiles are not intended for use on public roads. Only as an exception, if there is no other possibility of movement. In this case, the snowmobile and its driver become road users. A police officer has the right to check the driver’s documents giving him the right to drive a snowmobile, as well as the corresponding registration documents (if the snowmobile is subject to state registration). Responsibility for violating the requirements of established traffic rules is regulated by Chapter 12 of the Code of Administrative Offenses of the Russian Federation, the provisions of which apply to both motor vehicles and other vehicles for which a special right is granted.

Inspection and inspection

Let's start with the fact that there are two types of “search” of a car: inspection and inspection. Legally, these are two different terms; there is a procedural difference between them.

The inspection is carried out visually without witnesses and is recorded in any form.

It is necessary to take into account, however, that, according to Article 27.1 of the Code of Administrative Offenses of the Russian Federation, inspection of a vehicle is not included in the list of actions and, therefore, is not a measure to ensure the proceedings in the case. You can refuse an inspection without explaining the reasons, but this can, unfortunately, as practice shows, serve as a basis for conducting an inspection.

If a traffic police inspector sees something wrong and suspects a motorist of doing something illegal, then he has the right to inspect the car. Then the approved procedure must be followed.

THE INNOCENT TOO PAYS

A 12-year-old boy on a sled slid down a hill under my wheels. As a result, he suffered multiple leg fractures. The court found me not guilty, but ordered me to pay for complex and rather expensive treatment. I can't grasp the logic.

ELENA, Saratov region

These are the features of the Civil Code, which gives special status to activities associated with increased danger, which, in particular, includes the use of vehicles. Article 1079 of the Civil Code of the Russian Federation imposes on the owners of sources of increased danger the obligation to compensate for damage caused by such a source, unless they prove that the damage arose as a result of force majeure or the intent of the victim.

Photo:
AGN “Moscow”, ITAR-TASS/Interpress/Sergey Konkov, depositphotos
A child in the front seat, a license in the MFC, a film on the headlights... - new answers from the traffic police

Management contract

It is important to remember that the management organization manages an apartment building on the basis of a management agreement, with one party to such an agreement being the management company, and the other party being the owners of the premises (Part 2 of Article 162 of the Housing Code of the Russian Federation). That is, the owners are only one party to the management agreement.

The amount of maintenance fees in accordance with clause 3 of part 3 of Article 162 of the RF Housing Code and part 1 of Article 432 of the RF Civil Code is an essential condition of the agreement, that is, such a condition without reaching agreement between the parties to the management agreement, the specified agreement cannot be concluded.

Thus, the decision of the general meeting of owners of the premises of an apartment building under the terms of the management agreement is the opinion of only one party to the agreement and is not subject to unconditional execution by the second party (MA), if this party does not agree with the opinion of the other party.

Additionally, it should be noted that part 8 of Article 162 of the Housing Code of the Russian Federation establishes: “ Change and (or) termination of the management agreement for an apartment building is carried out in the manner prescribed by civil legislation ,” and civil legislation provides for the possibility of changing the agreement either by agreement of the parties or by court decision, but not at the whim of one of the parties (Articles 310, 432, 450–453 of the Civil Code of the Russian Federation). Consequently, neither the management organization (which is one party to the contract) nor the owners of the premises (which are the other party to the contract) have the right to unilaterally change the terms of the management agreement (including the amount of maintenance fees).

In addition, in accordance with Part 7 of Article 162 of the Housing Code of the Russian Federation, “Unless otherwise established by the management agreement for an apartment building, the management organization is obliged to begin implementing such an agreement no later than thirty days from the date of its signing.” Thus, a management agreement cannot be enforced unless it is signed by both parties* , including the condition of the agreement (for example, the amount of maintenance fees) that is proposed by one party but not supported by the other.

* In order to avoid misunderstandings, it is necessary to clarify that in accordance with parts 1 and 2 of Article 162 of the Housing Code of the Russian Federation, one party to the management agreement is the management organization, and the second party is the owners of the premises in the house, having more than fifty percent of the votes of the total number of votes of the owners of the premises in this house. That is, the agreement must be signed by the management company, and on the part of the owners it can be signed not by all 100% of the owners, but by the number of them who have more than 50% of the votes. If this condition is met, the management agreement is subject to execution by those owners of the premises who have not signed the specified agreement (Part 4 of Article 162 of the Housing Code of the Russian Federation: “4. The terms of the management agreement for an apartment building are established the same for all owners of premises in an apartment building”).

Opportunities for government officials to visit the place of residence

The Federal Law, which regulates the procedure for conducting court records, provides clear instructions for bailiffs working to collect debts from individuals. Visiting debtors is recognized as an additional measure of influence on defaulters, while simultaneously notifying individuals about the consequences of late payments and clarifying their procedure;

1. If the bailiffs have scheduled a visit to the defaulter, they do not need to ask the owner’s permission to visit. At the same time, employees of the executive system must have officially issued documents in their hands - a positive court decision on the collection of existing debts, penalties, interest for the use of funds or state duties.
2. A copy of the writ of execution must be sent to the owner of the residential premises to the address available in the bailiffs database (the place of residence may be specified). The documents are sent by Russian Post, at the same time the bailiff or his assistant notifies the debtor by call that legal proceedings have already been launched against the latter.
3. After the debtor is informed in accordance with the established procedure, he has five days left to fully repay his debts and receive a certificate of no claims from the creditor. Usually, if desired, such a document can be obtained and eliminate unpleasant moments in communication with bailiffs.

The essence of communication with the debtor comes down to clarifying the repayment terms, taking specific measures to reduce the debt and warning about liability for late transfer of funds to the executor of the contractual relationship. If the measures do not have their effect, the bailiffs have the right to rewrite the defaulter’s property and, if there are compelling reasons, begin to seize part of it to pay off the debt owed to creditors.