Right of alimony debtors to drive a car to be temporarily restricted

The draft law “On amendments and additions to some legislative acts in connection with the improvement of the procedure for recovery of alimony arrears” has been announced.

It is proposed to amend the relevant laws to provide for the temporary restriction of the right to drive a vehicle in respect of debtors on alimony, as well as the right to carry out a licensed type of activity.

The bill provides for a number of key provisions. In particular, according to the draft law, in case of non-fulfillment of the requirements of the writ of execution or the court document containing the writ of execution by the alimony debtor due to unjustified reasons within the established period, the state executor has the right to make a decision on temporary restriction of the debtor’s right to drive at the request of the claimant or on his own initiative.

Temporary restriction of the right to drive a vehicle shall be applied until the enforcement proceedings are terminated or completed on the established grounds or until the indebtedness, on which the restriction on alimony is enforced, is eliminated.

Temporary restriction of the debtor’s right to drive vehicles or engage in licensed activities shall not apply in the following cases:

•  in case of confiscation of property sufficient for the execution of the court decision;
•  if the imposition of such a restriction deprives the debtor of the basic and legal source of subsistence;
•  if the debtor is a disabled person of the first and second groups or is dependent on a person who is recognized as a disabled person of the first or second group or a disabled child in the custody of the debtor in the manner prescribed by the legislation of Uzbekistan;
•  if the debtor is given the opportunity to defer or pay in installments to fulfill the requirements of the writ of execution;
•  if alimony for the maintenance of minors has been paid in advance or a pledge agreement has been concluded to secure the obligation to pay alimony.

The decision of the state executor on temporary restriction of the right of the debtor individual to drive the vehicle on alimony may be appealed or protested.

If the requirements of the writ of execution or the court document that is the writ of execution are not complied with within a specified period by the debtor for alimony due to unjustified reasons, the state executor sends to the court a motion to temporarily prohibit the issuance of a license to the debtor, as well as to suspend the validity of licenses, permits and special rights previously issued to the debtor.

The validity of a license or permit document may be suspended based on the court decision on temporary restriction of the right of the debtor on alimony to carry out the licensed type of activity.

Driving a vehicle by a person with limited driving rights, as well as handing over the driving of a vehicle to a person with a limited right to drive shall result in the imposition of a fine of 5 BCAs.