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Publication date: 28.05.2024
Foreclosure in criminal proceedings is a serious legal problem that anyone can face. This may result in the inability to use, sell or transfer your property. In this article, we will look at all aspects related to foreclosure, including foreclosure after enforcement proceedings, court foreclosure, and other important points.
What is seizure of property in criminal proceedings
Seizure of property is a coercive measure used to ensure criminal proceedings or the execution of a court decision. In Ukraine, property seizure can be imposed on both movable and immovable property. This can include residential real estate, vehicles, bank accounts, etc.
Reasons for seizure of property
Seizure of property can be imposed on various grounds, in particular:
Provision of compensation for damages in a criminal case.
Prevention of alienation of property by suspects or accused persons.
Execution of the court decision on confiscation of property.
Procedure for removing seizure from property
Removal of seizure from property in criminal proceedings is a complex procedure that requires a professional approach. The main stages include:
Submitting a petition. A request to remove the attachment from the property is submitted to the court that imposed the attachment or to another competent authority.
Consideration of the petition. The court or other body considers the petition and issues a decision on lifting or leaving the arrest.
Execution of the decision. After issuing a decision to remove the attachment, the relevant body (for example, the state bailiff) removes the attachment from the property.
Removal of seizure from property after the end of executive proceedings
After the end of the enforcement proceedings, the property of the debtor may remain under arrest. In such a case, it is necessary to apply to the court with a request to remove the seizure from the property after the end of the enforcement proceedings. The court, after considering the circumstances, may decide to lift the arrest.
Removal of seizure from property on the basis of a court decision
One of the most common ways to remove the arrest is to go to court with an appropriate lawsuit. The court may lift the arrest on the basis of new circumstances that became known after the arrest was imposed, or in the case of establishing the illegality of the arrest.
Removal of seizure from the property of the deceased debtor
In the event of the death of a debtor whose property is under seizure, the heirs may apply to the court to remove the seizure from the deceased debtor's property. This will allow them to dispose of the inheritance without restrictions.
Removal of seizure from property by a notary public
Notaries also have the authority to remove the attachment from property in some cases. For example, if the seizure was imposed in connection with a notarial deed, the notary can remove the seizure on the basis of a court decision or other relevant documents.
Removal of seizure from property in enforcement proceedings
During enforcement proceedings, property can be seized by the state bailiff. Removal of seizure from property imposed by the state executive is carried out on the basis of a court decision or after the end of executive proceedings.
Removal of attachment from immovable property
Special attention needs to be paid to removing the attachment from real estate, as it can involve complex legal procedures. A lawyer will help you collect the necessary documents and prepare a petition to the court.
Removal of seizure from property by court decision
In most cases, removal of seizure from property is carried out on the basis of a court decision. It is important to have a professional lawyer to help you prepare all the necessary documents and represent your interests in court.
Conclusion
Removal of seizure from property in criminal proceedings is a complex and multi-stage procedure that requires a professional approach. Regardless of the reason for the foreclosure, it is important to have an experienced attorney to help you protect your rights and interests. Contact the professionals to ensure a successful resolution of your case and removal of the lien from the property in the shortest possible time.
