Belarus - Car Crime U.K.

A vehicle stolen abroad and found in Belarus can be confiscated if our law enforcement authorities receive an appropriate request from the country where the vehicle was stolen and if a treaty on mutual assistance has been concluded between Belarus and that country.

What channels are used to notify the owner of the vehicle’s location (Interpol or other)?

In most cases Interpol channels are used to notify the owner of the vehicle’s location.

A seized stolen vehicle is handed over to a judicial official who is then responsible for its storage.

Are there any costs associated with storage of a seized stolen vehicle and who is responsible for these costs?

There are no special costs associated with the storage of seized stolen vehicles in Belarus. However the judicial official concerned may apply to a court for recovery of all the expenses incurred.

In the Republic of Belarus the recovery of stolen property is governed by the provisions of the Civil Code. In conformity with Article 282 of the Code all persons, including foreign citizens, have the right to demand the restitution of their own property acquired either legally or illegally by other persons. The law does not restrict the right of a lawful owner to demand the restitution of his property if that property was acquired illegally by the other person. However, under our laws, a vehicle misappropriated from its lawful owner cannot be seized for restitution from a person who acquired the vehicle legally without an appropriate court decision. Until this decision is given, the vehicle cannot be seized except if it constitutes evidence in judicial proceedings or for storage awaiting the decision. In this connection it should be noted that any foreign citizen whose vehicle has been stolen and discovered on the territory of Belarus should apply to the Belorussian judicial authorities. The law enforcement authorities of Belarus have the right to hand over a seized stolen vehicle to the police of a foreign country, if Belarus has signed a treaty on mutual legal assistance with that country. A seized stolen vehicle can also be released once the appropriate decision of the local court comes into force. To receive his car, the legal owner should provide copies of documents which confirm his right to ownership or legal possession of the vehicle.

Are there any time limits associated with recovery of the vehicle? (i.e. after a certain period of time the vehicle becomes the property of the state or police, etc.)?

The competent authorities of Belarus have the right to reject a claim by the legal owner of a stolen vehicle if the time-limit for making a claim has expired.

Article 282 stipulates that the owner of stolen property has the right to reclaim his property from illegal possession. Under Belarus law, the legal owner of stolen property has the right to make a claim for three years after the stolen property was discovered/seized. Foreign citizens and citizens of the Republic of Belarus have equal rights when applying to a Belorussian court in connection with the recovery of stolen property.

8. If the law in your country precludes the restitution of a stolen vehicle to its original owner, please give the reasons why

Does your country have any bilateral treaties, conventions, or agreements with other countries dealing with the recovery of stolen property? If so, please describe how they operate and give details of the countries concerned

The Republic of Belarus has signed treaties and conventions on mutual legal assistance with the CIS countries and with Lithuania, Latvia and Poland.

Please do not hesitate to contact with us if you have any further questions (our ref.: IP/283SG/12/96).

Last Update: January 2008