A critical condition for the registration of a vehicle that no longer applies
In order to register a car, up until now you had to have all penalties taken care of. This is no longer true.
Namely, the Constitutional Court of Serbia has declared Article 336 of the Law on Misdemeanors Unconstitutional, according to which citizens who have not paid certain fines cannot obtain a driver’s license and temporary driving license, registration certificate, vehicle registration …
Nevertheless, the Constitutional Court of Serbia rejected the request for suspension of the execution of individual acts or actions taken on the basis of these provisions.
The request for the assessment of the constitutionality of Article 336 of the Law on Misdemeanors of 2013 was submitted by the Ombudsman, assessing that it limits the constitutional rights of citizens, who are placed in an unequal position in relation to other citizens.
However, during the proceedings before the Constitutional Court, a new Law on Misdemeanors was adopted, which retained the ban on registration and issuance of a traffic license from all disputed bans. The constitutional procedure under this initiative was suspended by the adoption of a new law last year, but the Court continued its work ex officio, which resulted in the confirmation of unconstitutionality of Article 336 of the Law on Misdemeanors.
Namely, the disputed Article 336 refers to the consequences of the registration of citizens that have been entered into the register of fines.
This article stipulates that, for the purpose of collecting the fines, costs of proceedings and other money received, which are recorded in the registry of fines, are imposed on a convicted person until the full amount has been settled, he/she will not be able to gain access to:
1) the issuing of a driver’s license and temporary driving license;
2) issuing of a registration certificate, a traffic license, registration plates and registration stickers, temporary registration of vehicles and temporary registration plates;
3 Deregistering of a vehicle.
Also, this article states that a special law may also provide for the temporary suspension of the issuance or extension of the validity of permits and other documents, but not when the issuance or extension of the validity of licenses and documents could jeopardize the implementation of the Constitution of guaranteed human and minority rights, health and the safety of people, the environment or property on a larger scale.
The Constitutional Court passed the decision on the unconstitutionality of the provision of 336 of the Law on Misdemeanors at its session of November 3.
Source: www.blic.rs, 15.11.2016.
