ABOUT ARREST OF PROPERTY

 Seizure of property during criminal proceedings is a very popular practice. In most cases, seizure of property is used in the investigation of crimes against property, as well as in the field of economic or official activities.

 Thus, law enforcement officers are trying to limit the company's activities during the pre-trial investigation. The seizure of the company's accounts and property will in any case create problems in its business activities. Therefore, it is necessary to understand in which cases the property is seized and how it can be removed in criminal proceedings.

In which cases is property seized?

 Seizure of property is a temporary deprivation by a decision of an investigating judge or a court of the right to alienate, dispose of and / or use property.

Seizure of property under the CCP is imposed for the following purposes:

• To preserve physical evidence. In this case, the seizure is imposed on the property of any natural or legal person if there are sufficient grounds to believe that it meets the criteria specified in Article 98 of the Criminal Procedure Code of Ukraine (hereinafter - the CPC). That is, the property must contain information that can be used as evidence in criminal proceedings.
• As a special confiscation. Here, the main feature of the property to be seized is not its belonging to a certain person, but a direct connection with the commission of a crime. For example, money or other valuables obtained as a result of a crime will be seized for further confiscation.
• Confiscation of property as a type of punishment or measures of a criminal law nature against a legal entity. Property belonging to a person subject to criminal proceedings may be seized. The peculiarity of this arrest is that there are sufficient grounds to believe that the court may impose a penalty in the form of confiscation.
• To secure a civil lawsuit. In criminal proceedings, a civil lawsuit is filed in order to compensate the victim of the crime. An important criterion for seizing property in this case is the compliance of the value of the property to be seized with the amount of damage from the offense.

 The most popular reason for the seizure of property is the preservation of physical evidence. In this case, as noted above, the seizure of such property must meet the criteria of Art. 98 of the Criminal Procedure Code of Ukraine.

 Unfortunately, law enforcement officers and judges very often do not comply with this article and can seize property without proper grounds. As a result, in practice there are problems with lifting the arrest.

Procedure for seizing property

 A request for arrest may be made by a prosecutor or investigator in agreement with the prosecutor. The petition is submitted to the investigating judge in the local court.

 The application must meet the following requirements:

• it is necessary to indicate the grounds, purposes and appropriate justification for the seizure of property;
• it is necessary to write a list and type of property to be seized;
• the application must also indicate documents confirming the ownership of the property they wish to seize, or specific facts and evidence proving the possession, use or disposal of such property;
• it is necessary to establish the amount of damage, improper benefit received by the legal entity.

 The request must be accompanied by originals or copies of documents and other materials used by the investigator or prosecutor to justify the arrest.

 If the above requirements are not met, the judge may return the request and set a time limit of 72 hours to remedy the deficiencies.

 Also, the investigating judge or the court may refuse to grant a request for seizure of property, if law enforcement officers do not prove the need for such arrest, as well as the risks provided for in Art. 170 of the CCP.

 For example, in № 757/24106/20 the judge denied the prosecutor's request for arrest because the need for arrest in the criminal proceedings had not been proved.

 Also, in case № 758/4184/20, the judge returned the petition to the prosecutor to rectify the errors within 72 hours. The reason for this was that the petition did not contain documents confirming the ownership of the property to be seized or specific facts and evidence proving the possession, use or disposal of the property.