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The Supreme Court asks: Is it legal to confiscate motor vehicles and fine drivers who have consumed alcohol or drugs, if they are not the owners?

According to the supreme judges, the principle of legality has been violated, as predictability in legal regulation has been violated

Apr 12, 2024 10:35 202

The Supreme Court asks: Is it legal to confiscate motor vehicles and fine drivers who have consumed alcohol or drugs, if they are not the owners? - 1

The Criminal Board of the Supreme Court referred the Constitutional Court with a request to declare unconstitutional texts of the Criminal Code related to confiscation of a vehicle or imposition of a fine in the amount of the value of the vehicle when it is not owned of the perpetrator of the crime. This was reported by BNT.

According to the supreme judges, the principle of legality has been violated, as predictability in legal regulation has been violated, and the principle of justice and legal equality of citizens has been violated.

"The commented interventions in the substantive criminal law are arbitrary, chaotic, contradicting its very legal essence, and by means of them measures were introduced, remaining outside the standards of the criminal law, the Penal Code and the Constitution. The problems that these interventions face the courts in their practical judicial activity, and the impossibility of solving these problems in the way prescribed by the law make referral to the Constitutional Court necessary“, summarize the supreme judges.