Publication date: 22.05.2024
Seizure of property in criminal proceedings
- this is a temporary measure that is used to ensure criminal proceedings. It consists in temporarily depriving a person of the right to alienate, dispose of, or use property, regarding which there are grounds to believe that it:
1. Is evidence in a criminal offense.
2. Subject to special confiscation.
3. Necessary to secure a civil action.
4. Can be used to recover an unlawful benefit received by a legal entity.
The procedure for imposing an arrest includes the submission of a petition to an investigating judge or court by a prosecutor, an investigator in agreement with a prosecutor, or a civil plaintiff. A motion to seize property must be filed no later than the next business day after the property is seized, otherwise the property must be returned immediately.
Order of seizure of property
The purpose of seizure of property in criminal proceedings is to temporarily deprive a person of the right to alienate, dispose of, or use property in order to prevent the possibility of its concealment, damage, deterioration, destruction, transformation, or alienation.
Property subject to attachment
Seizure in criminal proceedings can be applied to the following categories of property:
1. Movable and immovable property.
This includes funds in any currency, whether cash or non-cash, including funds in bank accounts or other financial institutions, as well as securities and corporate rights.
2. Property that has the characteristics specified in Article 167 of the Criminal Procedure Code of Ukraine.It can be property that was used or adapted to commit a crime, or that contains traces of a crime; property provided as a means of inciting a crime, to finance it, or as a reward; property that is the subject of a crime or obtained as a result of a crime.
Restrictions on property
They are used only in cases where there is a risk of its concealment, destruction or other improper use. Residential premises where persons legally reside are not subject to such restrictions.
Subjects of ownership of property that may be seized:
The property may belong to the suspect or the accused, as well as to third parties or legal entities to which criminal legal measures may be applied.
Third parties whose property may be seized include those who acquired the property free of charge or at an inadequate price, knowing or having reason to know of its criminal origin.
Property that is prohibited from attachment
Property that belongs to a person who acted in good faith when acquiring it cannot be seized, except when the seizure is necessary to preserve evidence in criminal proceedings.
In accordance with Article 170 of the Criminal Procedure Code of Ukraine, there are restrictions on the seizure of the following assets:
1. Funds located in a single account created in accordance with Article 35-1 of the Tax Code of Ukraine.
2. Funds on accounts in the electronic value added tax administration system.
3. Funds in current accounts with a special mode of use established by the laws of Ukraine on the market of electric energy and heat supply.
4.Funds intended for settlements under investment programs, as well as credit funds located in accounts with a special mode of use, opened in accordance with the legislation of Ukraine on heat supply and drinking water supply and drainage.
5. Funds in a special account of the operating organization, determined by the Law of Ukraine on Regulation of Issues Related to Nuclear Safety.
The procedure for canceling the seizure of property
The procedure for canceling the seizure of property involves the submission of a petition to the court by the person whose property has been seized or his representative. The court considers the petition and may cancel the arrest if it considers that the grounds for its application no longer exist. We will consider the procedure for canceling the seizure of property in criminal proceedings in more detail in the next article.
The author of the article practices providing legal assistance in the issues of canceling the seizure of property imposed on various grounds and in any court proceedings. For property seizure removal services, contact the managers of the "Consultant" legal service at phone number: +38073007400.
Legal service "Consultant" provides a wide range of professional legal assistance, including in the following cases: removal of seizure from property in criminal proceedings, removal of seizure from property after the end of enforcement proceedings, removal of seizure from property during enforcement proceedings, removal of seizure from property after the closure of criminal proceedings proceedings, removal of attachment from the property of the debtor for alimony, removal of attachment from property imposed by the state executor, removal of attachment from immovable property imposed by the court, removal of attachment from mortgage property and in many other cases.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers will carry out a legal analysis of the situation, make a comprehensive analysis of documents, prepare a legal opinion and ensure the representation of the client's interests in state authorities or a court, will take part in a court hearing in any city of Ukraine. Consulting a lawyer and legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
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