Regarding the Impoundment of a Vehicle

A new “scheme” for unscrupulous law enforcement officers to make money.
In recent weeks, a new method of seizing cars has been gaining popularity in Kyiv. 
The focus is on cars that stand out from the rest: brightly colored, luxury, or sports cars.
They are impounded according to the following scheme:
⁃ a patrol stops the car for inspection (the reasons given on the spot vary from case to case);
 ⁃ after the check, a visual inspection is conducted of the visible locations of the vehicle’s VIN—under the windshield, on the doors, etc.—and sometimes they ask to inspect it near the engine;
 ⁃ A police officer states that they suspect the VIN has been altered or tampered with and, to clarify the circumstances, calls in the investigative task force (hereinafter referred to as the ITF);
 ⁃ The IOT also conducts an on-site inspection, reiterates the suspicions regarding the alteration or forgery of the VIN, and states that an expert examination is necessary to determine whether such forgery has occurred;
 ⁃ Since the forensic examination is conducted at specialized facilities, law enforcement officers impound the vehicle and take it to an impound lot for the examination.
At the same time, law enforcement agencies have no outstanding warrants for the vehicle, no victim reports regarding the creation of a duplicate vehicle, and, accordingly, no criminal proceedings have been initiated based on these facts.
The grounds for seizure are determined on a case-by-case basis for each vehicle at the scene.
The Code of Ukraine on Administrative Offenses does not contain such a ground for vehicle impoundment as a change in the VIN code.
Therefore, law enforcement officers are forced to apply the Criminal Code and criminal procedure, invoking Article 290 of the Criminal Code of Ukraine.
A vehicle inspection falls under the category of an investigative action, which is conducted in accordance with the rules governing searches.
An investigative action may be conducted only in the case of an open criminal proceeding, as confirmed by an extract from the Unified Register of Pre-trial Investigations.
Instead of conducting a vehicle search, law enforcement officers may inspect the scene of the incident, effectively manipulating the name and procedure of the investigative action.
Important! Police
officers have the right to stop you and conduct a superficial inspection of the vehicle, but only inside the passenger compartment and the trunk.
Inspecting the area under the hood is not considered a superficial inspection, so you have the right to refuse to allow them to open it.
If law enforcement officers have inspected it (or even if they haven’t) and inform you that “there is suspicion of a VIN code alteration” and the vehicle must be impounded, your course of action in this situation is as follows:
 ⁃ Request a written inspection report (or other investigative action report);
⁃ Request a copy of this report;
⁃ Request that police officers record the investigative action on video (this is your right);
Tip:
Obtain an expert examination report for your vehicle from the Ministry of Internal Affairs’ service center; a copy of this report can later be attached to the inspection report should a similar situation arise.
⁃ Submit a written objection to the impoundment of the vehicle.
After that, the investigator must:
⁃ register a criminal case (if one did not exist at the time of the inspection) within 24 hours;
 ⁃ file a motion with the court requesting authorization to conduct the inspection (to legalize the investigative action);
⁃ file a motion with the court requesting the seizure of the vehicle as temporarily impounded property (within 48 hours).
If no motion is filed, the investigator is required to return the vehicle immediately.
However, to ensure the proper and effective protection of your rights, seek qualified legal assistance from an attorney.
Attorney Bogdan Zabara, Barristers