Evading Mobilization and Car Confiscation
Evading mobilization raises concerns among drivers who fear the possibility of their cars being confiscated. Attorney Roman Simutin explained that Ukrainian legislation does not provide for the confiscation of a car for evasion of mobilization. Instead, the only possible measure of influence on drivers who evade is a temporary restriction on the right to drive, which can only be imposed by a court decision.
Legislative Aspects and Risks
According to the current legislation, confiscation of property is mainly applied in cases related to crimes with a material component. Therefore, even if a driver evades mobilization, this is not grounds for seizing the car. Roman Simutin noted that the fear of losing a car due to evasion of mobilization is exaggerated. The greatest risk for drivers in this situation is the possibility of receiving a temporary restriction on the right to drive, which can be imposed by the court.
The court has the right to restrict the right to drive only in cases where it does not lead to the loss of means of livelihood. For example, if the car is the main legal source of income or is used by a person with a disability, a decision to restrict the right to drive cannot be made. The procedure for filing a lawsuit in court can take months, and the enforcement of the decision rests with the Executive Service.
- A fine of 100 thousand hryvnias does not require the executive service to take the car.
- Even if the value of the car is one million hryvnias, this is not grounds for confiscation.
Thus, drivers can be confident that their cars are not subject to confiscation for evading mobilization if they comply with the requirements of the law.
This information can significantly reduce the worries of drivers who are concerned about the possibility of losing their cars due to evasion of mobilization. Knowledge that confiscation is not a legal measure can promote greater calm among citizens during this difficult period. However, it is important to remember that the legislation has its nuances, and drivers should be careful in adhering to all requirements to avoid potential sanctions.