However! is proportionality really perfect?
Restriction of the right to property. The court found that the restriction is justified! since it is aimed at protecting the economic interests of the state. But is it not excessive? In cases where the owner of a car has the legal right to use it! why is his Let’s consider freedom to transfer control to another person limited? For example! if a citizen is ill or cannot drive a car due to other circumstances! this norm puts him at a disadvantage.
The problem of awareness. Are citizens really aware of these restrictions at the time of importing a vehicle? The lack of proper information often leads to people learning about such nuances only after the violation.
Looking abroad: how does it work in the world?
For analysis! it is useful to look at how similar issues are resolved in foreign countries:
Poland. Temporary importation of vehicles is also regulated! but restrictions mainly concern the Let’s consider period of stay of the vehicle in the country. Transfer of the vehicle to another person is not prohibited! provided that mint data the owner remains responsible for payment of possible fines or taxes.
Germany. There is a strict system of control over foreign-registered vehicles! but the legislation is more focused on fiscal control than on restrictions on use.
USA. Temporary importation of cars is permitted without significant restrictions on use! but the state ensures strict customs control. The owner is fully responsible for all actions taken with his car.
In these countries! the emphasis is on responsibility rather than restrictions on the right to use. This allows for a balance to be struck between state interests and citizens’ rights.
Moral and legal aspect
The decision of the Constitutional Court is binding! but why companies with two founders survive more often does it resolve the moral dilemma? In my practice! I have repeatedly encountered the fact that citizens sincerely do not understand why their property rights are being restricted. The feeling of injustice provokes distrust in the system! which! in turn! only deepens legal conflicts.
What do we have in practice? Ukrainians who have imported cars must awb directory adhere to strict restrictions that may be in line with the letter of the law! but remain controversial from the perspective of the spirit of the law.
