The Constitutional Court considers the constitutionality of restrictions in civil liability insurance of motor vehicle owners

The Constitutional Court received a citizen's appeal to check the constitutionality of paragraph 1 of Article 65 of the Law “On Road Traffic” and paragraph 5-2 of Article 10 of the Law “On Compulsory Insurance of Civil Liability of Owners of Vehicles” in terms of restrictions on the insurance of the owner of transport on the basis of citizenship.

The author of the appeal is a citizen of the Republic of Kazakhstan, permanently residing in the territory of the Russian Federation on the basis of a residence permit. He is the owner of a car registered in a border state, which he periodically drives to Kazakhstan. The applicant attempted to conclude a contract of civil liability insurance for owners of motor vehicles in Kazakhstan, but was refused on the basis of the contested rules. The reason for the refusal was that his car was not recognized as being in international traffic on the territory of our country, since he himself was not a foreigner or stateless person. The court also refused to satisfy his claims against the insurance company, referring to the contested norms.

According to the author of the appeal, the challenged norms violate the right to own, use and dispose of the property.

The citizen's appeal was accepted for constitutional proceedings.