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Publication date: 22.05.2024
Removal of seizure from property in criminal proceedings
In the course of criminal proceedings, it is often necessary to seize property as a preventive measure or as a means of securing a civil claim. However, after the end of the case or in certain cases provided by law, the seizure of the property must be removed.
Property seizure is removed in accordance with the procedure established by law, depending on the stage of the criminal process. The main grounds for lifting the arrest are:
1. After the criminal proceedings are closed, the arrest is automatically lifted in accordance of the CPC of Ukraine. The state executor is obliged to remove the arrest from the property after receiving the decision to close the case.
2. The court's acquittal in the case is also the basis for removing the property seizure. In this case, the arrest is lifted based on a court decision.
3. In the event of the end of executive proceedings or the settlement of a civil claim secured by the seizure of property, it shall be subject to release by the executive service.
4. Removal of the seizure from the property of the deceased debtor is a special case, which is decided depending on the stage of the proceedings and the nature of the claims.
5. At the request of the parties to the criminal proceedings, the seizure of the property may be lifted based on the decision of the investigating judge.
The procedure for removing the attachment from the property depends on its type:
- Removal of seizure from immovable property imposed by the court takes place by issuing a separate court decision to cancel the seizure and sending it to the state registration body.
- Removal of seizure from movable property, including of mortgaged property, imposed by the state executor, is carried out by his decision after receiving the relevant documents.
- Removal of seizure from property by a notary is possible only in the order of execution of executive inscriptions in the cases provided for by law.
It should be noted that the removal of seizure from property in criminal proceedings is not always final. If the proceedings are resumed, the arrest may be reinstated. Also, the removal of the seizure does not cancel other restrictions on ownership established by the court.
Therefore, the issue of removing the seizure from property in criminal proceedings is regulated by the current legislation and is aimed at restoring the property rights of the owners in the event of the disappearance of the circumstances that were the basis for imposing the seizure. At the same time, the arrest procedure differs depending on the type of property and subjects who carried out the arrest.
