The new CBO framework introduces a distinct legal regime. It does not directly lay out the procedure for seizing a car, yet draft rules outlining that process exist and will become effective only after they are officially published.
A lawyer was consulted to identify the current grounds for vehicle seizure in passenger-car cases today.
Expert Commentary
Alexey Aksenov, attorney and instructor at IMPE named after Griboyedov, explains that property rights are highly valued and can only be limited in exceptional circumstances. Such limits are intended to protect the broader interests of individuals, the state, and society, and must be defined by federal law. One recognized exceptional instance is requisition—the temporary seizure of property by state authorities during emergencies, with the owner being compensated for the claimed property (Article 242 of the Civil Code of the Russian Federation).
While the current security regime shows some indicators of stronger controls, it does not constitute martial law. Martial law refers to a special regime established within the Russian federation or its territories by presidential decree in response to aggression or an immediate threat, as defined by law and Constitution.
Cases where vehicles might be claimed under the current security framework are not personally documented by the speaker. Theoretically, drawing on prior legal practice, several mandatory aspects can be identified:
- the claim is mandatory in certain scenarios
- there are extraordinary conditions that justify making the claim
- there may be no feasible option for the state body to proceed without a claim
- the process can authorize officials of the executive branch to act
- compensation is a key feature of any withdrawal of property
It is worth noting for motorists that dealing with car confiscation typically requires acting in good faith toward the involved official. The car should be returned promptly, and the vehicle should be restored to its current technical condition, which is documented through photographs or an official report.
It should also be noted that the list of vehicles subject to seizure is prepared by executive authorities empowered to issue such lists. Usually this includes vehicles used for transporting personnel and military goods. SUVs are commonly tracked in special registers maintained by traffic authorities and military commissioners.
There is a possibility that a seized vehicle may be damaged or considered a total loss. In such cases, the compensation framework is set by the competent executive government with the appropriate powers, using the federal budget. The compensation is determined on principles of proportionality and the protection of the owner’s rights.
Photo: unsplash and drive