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ENSURING LEGALITY OF THE ACTIVITIES OF THE REGISTRATION DIVISIONS OF THE RF MIA TRAFFIC POLICE IN COOPERATION WITH THE COURT-APPOINTED MANAGERS

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PDF: Author(s): Klimovich E. V.,
Number of journal: 4(49) Date: November 2019
Annotation:

Legality is a key principle covering all police activities. The purpose of this principle is the direct realization of the rights of citizens guaranteed by law in the activities of police units. According to Part 1 of Article 12 of Federal Act No. 3‑FZ of 7 February 2019 “On Police”, registration of vehicles carried out by registration units of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation is assigned to the duties of the police. Registration proceedings involve the need to process personal data of vehicle owners. The Ministry of Internal Affairs of the Russian Federation, as an operator, is obliged to ensure the legal regime for the processing of personal data, including in cooperation with arbitration managers whose activities are related to the search for the property of debtors. Legal acts of the Ministry of Internal Affairs of the Russian Federation contain reference rules, without revealing the grounds, terms and procedure for transmitting personal data of vehicle owners at the request of arbitration managers. These rules cannot be applied on a case‑by‑case basis without taking into account the requirements of bankruptcy law. The article provides an analysis of the judicial practice developed with regard to the implementation by registration units of the regulations of departmental normative legal acts. This made it possible to formulate proposals for the application by officials of the registration units of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation of departmental norms regulating the provision of information on the owners of vehicles at the request of arbitration managers. The proposals relate to the grounds for providing the requested information, the list of persons whose personal data can be transferred, the time intervals within which it is possible to sample information on registration actions.

Keywords:

court‑appointed manager, owners of vehicles, bankruptcy, data bases, property of the debtor, rules of registration, personal data, police, search of property, registration of vehicles.

For citation:

Klimovich E. V. Ensuring legality of the activities of the registration divisions of the RF MIA traffic police in cooperation with the court-appointed managers. Business. Education. Law, 2019, no. 4, pp. 340–345. DOI: 10.25683/VOLBI.2019.49.473.