Application for removal of arrest from property in a criminal case

In Ukraine, as in many other countries, seizure of property can be used as part of criminal proceedings as a measure aimed at ensuring procedural interests. However, in some cases, this measure may turn out to be unfounded or unlawful. In such situations, the person whose property was seized has the right to apply for its removal. The lawyer of the legal company "Prikhodko and Partners" can provide competent and effective support in cases of removal of seizure from property, in particular, in writing a statement of claim to the court.

Grounds for cancellation of property seizure

In the practice of executive proceedings, there are cases when the seizure of property can be removed directly by the executor, in particular in the following cases:

• Detection of violations during the seizure procedure
• Establishing the impracticality or unreality of the sale of the seized property
• Completion of the executive procedure

Ukrainian legislation provides for a number of other circumstances under which the seizure of property or funds may be canceled as part of executive proceedings:

• Specific regime of the debtor's account. If the executor has received a documentary explanation regarding the special mode of using the account, as well as if the law prohibits the collection of such funds.
• Impossibility of selling the property. If the expert confirms the impossibility of selling the seized property due to its degree of wear and tear or damage.
• Payment of expenses. The executor shall remove the arrest in the event of receipt of a satisfactory amount of funds, which covers the demands of debt collectors and costs related to enforcement proceedings.
• Cancellation of measures to ensure the claim by the court.
• Other circumstances.

Importantly! If the executor has received documents that confirm the grounds for the cancellation of the seizure of the property, he must issue a resolution on the cancellation of the seizure no later than the next working day. Also, on the same day, he must send the relevant documents on the cancellation of the arrest to the body that was involved in the implementation of this resolution.

The procedure for submitting an application for the removal of arrest

A person who wants to remove the attachment from his property must submit a corresponding application to the court. In the application, it is necessary to set out in detail all the arguments and evidence that confirm the groundlessness of the arrest and the absence of grounds for its application. Here is an algorithm of actions that can help you with this:

1. Collection of necessary documentation. Before filing an application, you should gather all the necessary documentation that proves the illegality or impropriety of the arrest.
2. Application preparation. Write a statement on the removal of the arrest, in which you clearly state all the circumstances that, in your opinion, confirm the illegality or impracticality of the arrest. First of all, it is important to clearly define the object of the dispute and the enforcement proceedings due to which the seizure of the property was imposed. Further, the claimant must provide convincing evidence that the disputed property is his property. In the application, it is necessary to set out in detail all the circumstances that confirm the illegality of the actions of the executor, which led to the imposition of the arrest. It is also important to indicate all possible violations committed by the state executive that relate to this case. If several violations are known in the case, they must be described in detail.
3. Submitting an application to the court. Pay the court fee and submit an application for the removal of the arrest to the court.
4. Waiting for a decision. After submitting the application, wait for the decision of the relevant body. They must review your application and the documentation attached to it, and then make a decision to lift the arrest or deny your request.
5. If necessary, appeal the decision. If your application to remove the arrest has been rejected, you have the right to further appeal this decision through the courts.

How can we help?

Lawyer "Prikhodko and Partners" can provide qualified assistance in the matter of removing the attachment from property due to its professional experience and expert knowledge. We provide:

• Legal analysis. A lawyer can conduct a detailed analysis of your case and determine the legal grounds for removing the seizure from the property. He will be able to identify legal gaps, errors in the procedure or other circumstances that confirm your rights.
• Preparation of documents. A qualified specialist of "Prikhodko and Partners" can help in the preparation of all the necessary documents for submitting an application for the removal of the arrest. This includes writing a statement, preparing documents to support your arguments, and interacting with the relevant authorities.
• Representation in court. If the case requires a trial, our lawyer can act as your representative in court.

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