RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of September 27, 2003 No. 14

About some questions of court practice of hearing of cases of recognition of the property right to vehicles

Realization of the property right concerning vehicles has the features which are determined by specifics of the vehicle in case of its proper use as the subject constituting the increased danger. Therefore use of the citizen of the car belonging to it on the property right is put into dependence on its registration in bodies of the State automobile inspectorate.

Studying of cases on recognition of the property right to vehicles showed that generally they were considered according to the procedure of establishment of the facts having legal value. On these cases proper pre-judicial preparation was not carried out, justification of requirements of applicants was not checked. Courts did not observe their considerations established by Chapters 29 and 30 of the Code of civil procedure of the Kyrgyz Republic procedure, circumstances under which the satisfaction of the declared requirement is possible were not considered.

From materials of the studied cases it is visible that in essence applicants took a legal action with the requirement about recognition of the property right to cars for cause of failure by bodies of the State automobile inspectorate in making of registration actions because of not removal of motor transport from accounting in the place of the last registration outside the republic, and also non-presentation of customs papers behind which it would be necessary to address to customs authorities.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info