The widows of the dead will be able to use their cars before the inheritance
The government, on behalf of the president, prepared a bill allowing the widows of those who died on his military to use the cars belonging to the spouses before the inheritance. Now vehicles are deregistered in connection with the death of the owner: it is impossible to ride on them, for this violation can be lost rights. Experts urge to finalize the document so that the children and parents of the dead can use this right.
The government introduced to the State Duma Amendments To the Civil Code, the Law « On State Registration of Vehicles » and « Fundamentals of Legislation on Notaries ».
According to these novels, the spouse (or spouse) who died during a special military operation will be able to receive a certificate of temporary use of the car that belonged to a military personnel from a notary.
On the basis of this document, it will be possible to put the car for temporary registration and use it before issuing the inheritance. The applicant will have to provide a notary public with registration or TCP, as well as OSAGO (in which the spouse is indicated as a person allowed for management).
The notary will have to, among other things, check the fact of the death of the testator in connection with participation in his. The bill provides for various situations related to the use of the car of the deceased. For example, if the car of the deceased military man is owned by the “third parties”, then the spouse will have the right to “claim” their car and documents. The widow, who received the car for use, will also be responsible for causing harm to the car to the “persons”, to which the car will subsequently inherit.
Now the participants are applied to the general rule: in the event of the death of the owner of the traffic police, it stops accounting for the car, as a result, it is impossible to use it (sanction for violation – a fine of 800 rubles, with a repeated case – deprivation of rights for up to three months).
Thus, the spouses of the dead military personnel at least six months (before entering into the inheritance) cannot use the car, including for transporting children “to educational and medical institutions,” the government explains. As stated in the explanatory note, complaints from widows on this subject have already received the Commissioner for Human Rights in Russia Tatyana Moskalkova. The press service of the Ombudsman Kommersant said that such letters began to arrive in 2024, after which an appeal to the President of the Russian Federation was sent to resolve the situation. Vladimir Putin instructed the government to develop a bill on July 1, 2024.
Lawyer Yaroslav Zemskov (Builder Bureau of the BVP) considers the amendments relevant, but considers it necessary to expand their action. “The right to use the car is proposed to endow only the surviving spouse, while civil law refers to the number of heirs of the first stage of the children who, at the time of the death of the parent, can have the right to drive a vehicle and be allowed to drive a car, as well as the parents of the deceased,” he says. The norm according to which the widow of the deceased should be inscribed in OSAGO also imposes certain restrictions, the lawyer believes, because there are situations when only the spouse was inscribed in the policy.
It makes sense to extend the bill to the spouses of all dead car owners, granting them the right to use the vehicle from the moment the inheritance proceedings began and, until the issuance of the certificate of inheritance, is added by the managing partner of Maximova & Partners Olga Maksimova.
