Lifting the seizure of property: legal aspects and procedure

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Ukraine / Kyiv

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Publication date: 29.07.2024

Lifting the seizure of property: legal aspects and procedure

Lifting the seizure of property is an urgent legal issue that may arise in various life situations, for example, in the course of enforcement of court decisions or securing obligations. In this article, we will consider the main legal aspects and procedure for lifting the seizure of property, including real estate, vehicles and other property.

Definition and grounds for seizure of property

The seizure of property is a legal measure that restricts the owner's right to use, dispose of or possess property. The grounds for seizure may be based on various circumstances, for example, enforcement of a court decision, securing a claim, or other cases provided for by law. The seizure may be imposed by a court or other competent authority having the relevant powers.
 

The procedure for seizure

Vehicles may be seized in the event of non-payment of fines, debts or other offences. Firstly, in order to lift the seizure of a car or other vehicle, it is necessary to ensure that the obligations that gave rise to the seizure are fulfilled. This may include the payment of debts, fines or other fees. Secondly, it is important to apply to the court or executive body with an application to lift the seizure, providing the necessary documents confirming the fulfilment of all obligations. Thirdly, after receiving the decision to lift the arrest, you need to contact the relevant registration authority to officially remove the encumbrance from the vehicle.
 

Enforcement of court decisions and lifting of arrest

The enforcement of court decisions is a key aspect of the process of lifting the attachment of property. Firstly, the seizure may be lifted if the court decision is enforced and the debt or other obligation is fully repaid. Secondly, it is important to obtain the relevant document confirming the fulfilment of obligations and submit it to the court or executive body. Thirdly, it should be borne in mind that the process of lifting the arrest may take some time, so it is important to act promptly and have all the necessary documentation in order. It is also important to keep in touch with the executive body or the court to monitor the process of lifting the arrest and avoid additional complications.
 

The procedure for seizing property is regulated by law and includes several stages. Firstly, the initiator of the seizure (usually a creditor or other interested party) files a relevant application with a court or other authority. Secondly, based on this application, the court or other authority makes a decision on the seizure. Third, the seizing authority informs the owner of the property of the measures taken. It is important to note that the seizure of property must be carried out in compliance with the law, otherwise it may be declared illegal.
 

Lifting the seizure of property: grounds and procedure

The process of lifting the seizure of property also has certain grounds and procedure. Firstly, the seizure may be lifted by a court decision if it is found that the grounds for its imposition were absent or have disappeared. Secondly, the owner of the property or other interested parties may apply to the court for the lifting of the seizure, providing evidence to support their claims. Thirdly, the seizure may be lifted upon fulfilment of obligations, such as payment of a debt or fulfilment of another obligation that was the basis for the seizure.

Legal provisions

The lifting of the seizure of property is governed by the rules of civil and commercial procedural law.
 

• Firstly, Article 374 of the Civil Procedure Code of Ukraine provides that the seizure may be lifted by the court if it is found that the grounds for the seizure were absent or have ceased to exist.
   
• Secondly, Article 46 of the Law of Ukraine ‘On Enforcement Proceedings’ regulates the issue of lifting the arrest at the stage of enforcement proceedings.
   
• Thirdly, pursuant to Article 67 of the Commercial Procedural Code of Ukraine, the seizure of property may be lifted if proper evidence of fulfilment of obligations or other circumstances that lead to the lifting of the seizure is provided.
   

Legal assistance

The procedure for lifting the seizure of property can be quite complex and requires specialised legal knowledge. Firstly, a lawyer can help you collect the necessary documents and evidence to prove that the seizure is unjustified. Secondly, legal assistance may be required to represent interests in court or other authorities. Thirdly, a lawyer can help with the development of a defence strategy and the submission of the necessary procedural documents.
 

Removing an arrest from real estate

Particular attention should be paid to lifting the seizure of real property, such as residential premises, land plots and other real estate.
 

1. Firstly, real estate may be seized in connection with the owner's debts or in other cases provided for by law.
    
2. Secondly, to lift the seizure of real estate, it is necessary to apply to the court with an application, providing evidence of fulfilment of obligations or other grounds for lifting the seizure.
    
3. Thirdly, upon receipt of a court decision to lift the arrest, it is necessary to take appropriate actions at the registration authorities to remove the encumbrances from the property.