Publication date: 30.11.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
The removal of property seizure is a legal procedure that restores the owner's rights to possess, use, and dispose of their property after the conclusion of criminal proceedings. In Ukraine, this process is regulated by the Criminal Procedure Code of Ukraine (CPC) and other legal acts. It is a crucial step for individuals whose property was temporarily restricted due to investigations or to secure financial claims.
What is Property Seizure and Why is it Applied?
Property seizure is a temporary restriction on ownership rights imposed on assets for the following purposes:
- Ensuring the execution of potential court decisions (confiscation, recovery).
- Preserving physical evidence for criminal case investigations.
- Guaranteeing compensation for victims.
The seizure is imposed by a court based on a motion by an investigator or prosecutor. It can be applied during both the pre-trial investigation and the trial itself.
Examples of property subject to seizure include:
- Real estate (apartments, houses, land plots).
- Vehicles.
- Funds in bank accounts.
- Items and equipment that may serve as physical evidence
Question
Is it possible to appeal against the seizure of property during criminal proceedings?
Answer
Yes, the owner of the property or his/her representative has the right to file an appeal against the court's decision to seize the property. This is provided for in Article 309 of the CPC of Ukraine. The appeal must contain arguments regarding the illegality or unreasonableness of the seizure.
Grounds for Lifting Property Seizure
Property seizure may be removed in the following cases:
- Completion of criminal proceedings: For instance, if the property owner is acquitted or the case is closed due to the absence of a crime.
- Lack of necessity for the seizure: When the property loses its value as evidence or is no longer needed to secure claims.
- Illegal imposition of seizure: If the seizure was imposed in violation of procedure or without sufficient grounds.
Legislative Framework
The imposition and removal of property seizure are governed by the following legal acts:
- Criminal Procedure Code of Ukraine (Articles 170-174): Article 170 outlines the grounds and procedures for imposing seizure. Article 174 regulates the process of lifting seizure.
- Civil Code of Ukraine: On protecting ownership rights.
- Decisions of the Constitutional Court of Ukraine: Regarding the protection of property owners' rights.
Features of Property Seizure
- Seizure can be imposed on property regardless of its actual owner if there is suspicion of its connection to a crime.
- Property held in shared ownership (e.g., by spouses) may be fully seized.
- Seized property can only be used with court permission.
Procedure for Lifting Property Seizure
- Filing an Application or Motion:
The affected party submits an application to the court requesting the removal of the seizure. The application must include a rationale for lifting the seizure and references to documents confirming the absence of grounds for seizure. - Court Review of the Application:
The court reviews the motion, considering evidence and arguments from both sides. It is essential to provide all necessary documents, including the decision to close the criminal proceedings or an acquittal verdict. - Decision-Making:
After reviewing the case, the court issues a ruling to lift the seizure or deny the request. If denied, the applicant may appeal the decision to a higher court.
Question
Can an investigator lift the property seizure without court involvement?
Answer
No, the removal of property seizure can only be carried out by a court decision. Investigators or prosecutors may only initiate the process by filing a motion with the court.
How to Ensure Successful Removal of Seizure
Document Preparation: Ensure you have copies of court decisions, evidence of the case closure, or proof of the owner's innocence.
Legal Support: Engage a lawyer to help draft the motion and defend your rights in court.
Timeliness: Act promptly to avoid additional complications in regaining control of the property.
Challenges in Removing Property Seizure
- Ownership Disputes: If the property is jointly owned or disputed, the process may be prolonged.
- Lack of Required Documents: Insufficient evidence or the absence of a decision to close criminal proceedings.
- Non-Execution of Court Decisions: Bureaucratic delays or intentional non-compliance with court rulings by law enforcement agencies.
What to Do If the Property is Not Returned After the Seizure is Lifted?
If the property is not returned after the court's ruling to lift the seizure:
- File a request with the enforcement service to execute the court decision.
- Submit a complaint to the State Bureau of Investigations for investigator inaction.
- Challenge the actions of enforcement officers in court if they fail to comply with the ruling.
Consequences of Seizure for the Owner
Property seizure can have significant financial and legal consequences:
- Restrictions on the ability to sell, donate, or perform other transactions with the property.
- Loss of income if the property is used in business activities.
- Decrease in property value due to the inability to maintain it.
Advantages of legal support in lifting the arrest
- Saving time. A lawyer will help you quickly prepare the necessary documents and organise the process.
- Correct execution of the application. The specialist knows how to properly draw up a petition or appeal.
Protection of your interests. The lawyer protects the rights of the property owner at all stages of the trial.
The lawyers of the website https://consultant.net.ua will help you with the following issues:
- removal of seizure from property after closing criminal proceedings;
- removal of seizure from property on the basis of a court decision;
- removal of seizure from immovable property imposed by the court;
- removal of seizure from property in criminal proceedings;
- removal of seizure from property through the court;
- removal of seizure from the debtor's property;
- removal of seizure from immovable property;
- removal of seizure from property;
- and other.
Removing property seizure after the completion of criminal proceedings is a crucial step in restoring the owner's rights. Proper documentation, timely court filings, and legal support can help avoid issues and regain control over the property. If challenges arise, it is always advisable to consult qualified lawyers who can ensure the protection of your rights at every stage of the process.
