More than 10 thousand car owners who have bought cars in the lease prior to transfer of the Crimea to Russia, the risk of losing them. Lessors, which are the formal owners of the cars were in Ukraine, in Russia debts to them are not recognized, that is, in fact, the car had become the property of the Crimean people. It executed the government’s decision, but only temporarily, for five years, with the possibility of re-registration of the property in the future. Now the time is coming to an end, but citizens can not become the official owners of the machines due to legal obstacles, as in the case of a vehicle subject to confiscation by the traffic police.About the problem of thousands of Crimeans who soon might be denied the use of their cars, told “Kommersant” human rights. We are talking about people who before the annexation of Crimea to Russia in 2014 signed contracts on financial leasing companies “Privat-leasing, Porsche leasing Ukraine”, etc., the founders of which was Ukrainian banks. In may 2014, the Ukrainian banks have left the Crimea, and the inhabitants of the Peninsula have lost the opportunity to pay off their debts, in full property and register it.At the end of 2015, was adopted 422-FZ, which determined that to require repayment of the debt according to the Ukrainian obligations can only accredited Russian company that acquired the debt. The leasing company your loan was not sold, it has obligations to them in Russia are considered to be discontinued. In the case of a conventional loan it would not have created the problem: cars are the pledge, but at once issued for the borrower. Leased until full payment is made the car remains the property of the lessor. In the result of Treaty obligations was discontinued, but re-registration of ownership has not occurred.After the treatment of the inhabitants of the Peninsula by President Vladimir Putin in one of the straight lines, the government made an attempt to develop a mechanism that would make out the car in the property. According to the decree №399 (about the simplified car registration), in the absence of documentary evidence of the right of ownership of the vehicle the residents of Crimea receive temporary registration documents for five years (without the issuance of the passport of the vehicle).But released a decision five years expire. It was assumed that citizens will be able to issue the right of ownership of the car through the courts, based on the provisions of article 234 of the Civil code of the Russian Federation on “acquisitive prescription”: if “conscientiously, openly and continuously” to own a car for five years, then you can claim it. But the courts of Crimea and Sevastopol to recognize the rights of property owners leasing a car is not in a hurry.As a result, the owners of more than 10 thousand cars can’t RAt them on. Moreover, the guidelines of the traffic police say that with the completion of the temporary registration if there is no owner, the car should be confiscated. “The main problem would be to deprive the inhabitants of the Crimea of the opportunity to use their cars on public roads”,— says the managing partner of law group Andrey Sharkov.According to lawyers, judges are cautious because of lack of enforcement in such cases. “I think the courts want to see the view of the Supreme court of the Russian Federation on the situation, and therefore not in a hurry to rule in favor of lessees,”— says the partner at “Zamoskvorechye” Dmitry Shevchenko. A good impulse for this can be a large number of complaints on specific cases, said Andrei Sharkov. Partner CA5 Vyacheslav guests receive believes that “when used correctly” mechanism of acquisition of the old “the specified category of citizens must be protected.”Ksenia Dementieva
