Short answer: bankruptcy does not itself revoke a driving licence or automatically remove an existing driving restriction. A temporary restriction is imposed by a bailiff within enforcement proceedings and is removed by a separate order once a statutory ground arises.
What to check first
Distinguish the stage of the bankruptcy case, the type of enforcement claim, and the actual bailiff’s order. Those facts determine whether enforcement continues and whether there is a basis to ask for the restriction to be removed.
Where a driving restriction comes from
Article 67.1 of the Russian Enforcement Proceedings Act permits a temporary restriction on a debtor’s special right, including the right to drive. It is not available for every debt. The Act lists, among other things, maintenance obligations, compensation for injury to health or death of a breadwinner, damage or non-pecuniary harm caused by a crime, certain child-related non-monetary obligations, and an administrative fine for breaching the rules on using a special right.
The restriction must not be imposed, for example, where it deprives the debtor of their main lawful source of income, where a vehicle is essential because of limited transport access, where the debtor or a dependant has a qualifying disability, where the debt is no more than RUB 10,000, or where a deferral or instalment plan has been granted. In every case the bailiff makes and serves an order.
What a bankruptcy procedure changes
Once the court finds a citizen’s bankruptcy application well-founded and introduces debt restructuring, enforcement under writs for property claims is suspended, subject to statutory exceptions. The filing date alone therefore does not show that every enforcement case or every restriction has already ended.
A driving restriction is linked to a particular enforcement case. Whether it can be lifted must be assessed against the bailiff’s order, the creditor’s claim, and the procedural stage of the bankruptcy case. Do not drive until an order lifting the restriction has been issued.
When the bailiff removes the restriction
The bailiff must issue an order removing the restriction no later than the day after the enforcement requirements have been met or another ground for cancellation arises. Copies are sent to the debtor, creditor and competent authority. Where bankruptcy may be relevant, provide the bailiff with the arbitrazh court order, the case number and documents showing why the consequences of the procedure apply to that particular enforcement case.
Practical checklist
- Obtain a copy of the bailiff’s restriction order and the enforcement-case details.
- Check whether the claim falls within Article 67.1 of Federal Law No. 229-FZ and whether an exception applies.
- Confirm the stage of the bankruptcy case and the court order that introduced it.
- Submit a reasoned request to the bailiff with the relevant documents and ask for a written decision.
- Do not drive until the cancellation is formally recorded and notified to the competent authority.
Official sources
- Federal Law No. 229-FZ on Enforcement Proceedings, Article 67.1.
- Federal Law No. 127-FZ on Insolvency (Bankruptcy), Article 213.11.
Do you have a driving restriction and a bankruptcy case?
An initial consultation can help assess the enforcement documents and the correct route to the bailiff. The outcome depends on the type of claim and the case materials.