Subject of Dispute: Challenging the Actions of a State Executor Regarding the Imposition of Temporary Restrictions on the Right to Drive Vehicles for a Debtor Serving in the Military.
Main Arguments of the Court: The Supreme Court revealed significant procedural violations in the decisions of previous instances. Firstly, the claimant (the child’s mother) was not involved in the case, although the resolution directly concerns her interests. Secondly, the lower courts did not verify the grounds for applying restrictions in accordance with part 10 of Article 71 of the Law “On Enforcement Proceedings”, particularly with respect to a military serviceman.
Court Decision: Annul the previous court decisions and refer the case for a new hearing to the court of first instance for a comprehensive and thorough investigation of the circumstances.
