Guide to the behavior of the driver when the Protocol for the management of the car under power of attorney (without temporary registration card))

Print the memo and, having it in the car, use when compiling adminprotokola and making the policeman decisions in cases of disagreement with the violation.

MEMO WHEN THE PROTOCOL FOR THE MANAGEMENT OF THE VEHICLE BY PROXY, WITHOUT A TEMPORARY REGISTRATION CARD.


First of all, it should be remembered that the requirement of a temporary registration card and registration in the police powers of attorney or other documents based on which control is transferred vehicle (but not ownership), not based on the requirements of the law. Read more about it: http://vvlaw.com. ua/index.php?id=19
In the case of the Protocol and of the judgment shall, through its procedural rights, to indicate in their explanations following.
Article 210 of the civil code establishes that the state registration of transactions is required only in cases strictly ustanovlennyh law. The requirements of the law (rather than regulation) to register the power of attorney to the management or disposal of the vehicle does not exist. Article 8 of the Constitution of Ukraine establishes the preemptive effect of the act in the event of inconsistency, and Art. 19 of the Constitution - the right to act only within the limits, the manner and procedure prescribed by law (rather than regulations) officials of bodies of state power, and the possibility of obliging citizen to commit any action only on the basis of law, not regulation. Thus, the binding, the requirement to obtain a temporary registration card to the power of attorney or other document has not.
Article 126 the administrative code of Ukraine provides for the responsibility of driving a vehicle without registration or other documents authorizing the management and/or disposal of the vehicle. The driver was in possession and were presented to police officer driving license, registration certificate (registration certificate) - the registration document, and the power of attorney or other document granting the right to management and/or disposal of the vehicle (in the explanations to specify details of all of these documents). Thus, the composition of the offense at the actions of the driver there.
Data explanation in the Protocol will help in the future when the appeal decision, including in court.

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