The Presidium of the Court of the Moscow Region revoked a determination of the Orekhovo-Zuyevo city court, in view of significant violations of the norms of procedural law

Igor Vyacheslavovich SHEVTSOV purchased a “Toyota Camry” motor car in July 2003. In July 2004, the city court of Orekhovo-Zuyevo of the Moscow Region considered the question of the legality of the indicated motor car being on the territory of the RF, without the presence of Shevtsov at the hearing, and reached a determination for the annulment of the passport to the said motor car, issued earlier to the person that had brought the car into the Russian Federation. The result of this determination was the annulment of the passport to the car, its number plates and certificate of registration issued to I.V. Shevtsov, who was the fourth owner of the “Toyota Camry” in question since 2000.

I.V. Shevtsov applied to the attorneys of the law firm “YUST” to file an appeal against the determination of the Orekhovo-Zuyevo city court.

In a supervisory complaint filed on 1 August 2005 to the Presidium of the Court of the Moscow Region, “YUST” attorneys argued that the annulment of the passport to the vehicle of the former owner without clarification of the position of the present owner is a violation of the property rights of the latter, as possession of the passport to the vehicle, number plates and certificate of registration are mandatory for the unopposed use of the car. Pursuant to arts. 364 and 387 of the Civil Procedural Code of the RF, the resolution by the court of the question of the rights and obligations of a person not included in the matter constitutes a significant violation of the norms of procedural law.

On 16 August 2005, a judge of the Court of the Moscow Region refused referral of the matter to the Presidium, but on 21 October 2005 the Chairman of the Court of the Moscow Region demanded and obtained the case, and on 15 February 2006 the determination of the Orekhovo-Zuyevo city court of the Moscow Region regarding the annulment of the car passport was revoked, as having been issued in violation of the norms of procedural law.