Publication date: 29.04.2024
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
Seizure of property is one of the effective measures used in the criminal process to ensure the execution of court decisions and ensure the interests of the victims. However, there are circumstances under which the arrest can be lifted. Let's look at the procedures and important aspects of removing the arrest from property in Ukraine.
Grounds for lifting the arrest
The legislation of Ukraine provides for a number of circumstances under which property can be seized. One of the main reasons for removing the arrest from property is the discovery of the lack of sufficient grounds for its application. This may include the absence of reasonable evidence regarding the involvement of the suspect or accused in the crime, or the absence of good grounds for considering the property as the subject of criminal proceedings.
Another important reason for removing the seizure from the property is the detection of violations in the procedure of applying the seizure or non-compliance of actions with legal norms. This may include deficiencies in arrest records, improper use of arrest procedures, or deviations from legal requirements.
In the case of compliance with the requirements of the court decision or compensation of damages to the victim, the seizure of the property may be removed. This can happen, for example, if the suspect or accused compensates the victim for damages or fulfils the requirements of a court decision that provides for compensation for material damage.
Another important reason for removing the seizure of property may be the need to prevent the violation of the rights of the suspect or the accused. This can happen in cases where the seizure of property is found to be disproportionate or unjustified and could cause significant hardship to the individual or their family.
In addition to the above-mentioned grounds, there are other circumstances that may prove the groundlessness of property seizure. This can be, for example, the discovery of new evidence that testifies to the innocence of the suspect or the accused, or a change in the circumstances that caused the arrest.
Arrest removal procedure
The procedure for removing the arrest from the property includes the submission of a corresponding petition to the court by the owner of the property or his representative. The court considers the petition and makes the appropriate decision based on the evidence presented by the parties in the case. In the event of a decision to lift the seizure, the corresponding decision is made by the court, and the executive bodies carry out appropriate procedures for lifting the seizure from the property.
The role of the lawyer
A lawyer can play an important role in the foreclosure process. He provides legal assistance to the property owner, prepares the necessary documents and represents the client's interests in court. A lawyer can also help in proving the illegality of the arrest and establishing grounds for its removal, and: removal of seizure from property on the basis of a court decision, removal of seizure from property after the end of enforcement proceedings, removal of seizure from property imposed by the state executor, removal of seizure from mortgaged property and other.
Important aspects
During consideration of the motion to remove the arrest, the court takes into account the interests of all parties in the case, and also complies with the requirements of the law. It is important that the arrest removal procedure is conducted honestly and objectively, taking into account all the circumstances of the case.
Removal of seizure from property in criminal proceedings in Ukraine is an important procedure that allows you to protect the rights of property owners and ensure justice in the judicial process. The correct procedure for removing the arrest requires compliance with the requirements of the law and the participation of qualified lawyers who will ensure the protection of the interests of their clients in court.
