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
Ukrainian legislation provides for the possibility of seizure of bank accounts as a preventive measure in criminal cases or as security for a lawsuit in civil cases. However, in the case of lifting the arrest, there are certain procedures, conditions, and consequences that should be considered. Let's consider this process in more detail.
1. Grounds for removing the seizure from accounts
First, it is necessary to find out the grounds on which bank accounts can be seized. Such grounds may include:
Enforcement of the claim that caused the seizure: If the person who caused the seizure has agreed to comply with the claim or pay damages, the court can decide whether to lift the seizure.
Existence of grounds for annulment of the arrest: If the party who became the object of the arrest can prove the absence of grounds for the application of the arrest or that the circumstances that are the basis for the arrest no longer exist, the court can make a decision to remove the arrest.
2. The procedure for removing the arrest
The procedure for removing the seizure from the accounts involves submitting a corresponding application to the court in accordance with the requirements of the civil procedural legislation of Ukraine. The court considers this application and analyses all the evidence and arguments of the parties. After consideration of the case, the court may decide to lift the arrest.
3. Consequences of lifting the arrest
Removing a seizure from accounts can have a number of consequences, including:
Restoring the ability to dispose of funds: After the arrest is lifted, the person who was the object of the arrest can once again freely dispose of his funds in bank accounts.
Restoring Financial Freedom: A garnishment release allows a person to use their financial resources again for needs, including paying bills, making payments, and other transactions.
4. The role of the lawyer
In this process, the lawyer's role is to provide legal advice, prepare the necessary documentation, represent the client's interests in court and protect his rights and legitimate interests. An experienced lawyer can ensure a successful resolution of the case and protect the client's interests as much as possible. And will also explain the difference between: criminal case, removal of seizure from property, removal of seizure from property on the basis of a court decision, removal of seizure from property by a notary public, removal of seizure from immovable property, removal of seizure from immovable property imposed by the court, and other/
In addition to the foreclosure procedure, it is important to pay attention to the restrictions that may remain after the foreclosure. For example, the bank may apply internal rules limiting access to the account, especially if the account remains in arrears or other financial obligations.
It is also important to note that the lifting of the arrest may not mean the end of the criminal or civil proceedings in which the arrest was made. The legal process can continue regardless of the decision to remove the arrest.
For a more accurate understanding of your rights and possible consequences, it is recommended to consult with an experienced lawyer who will help you understand all aspects of this process and protect your interests at all stages of the case.
In general, the process of removing a seizure from accounts in Ukraine can be difficult, but with the right approach and professional support of a lawyer, it can be successfully resolved in the interests of the person who has become the object of the seizure.
