How to return temporarily seized property? Return of property seized during the search

The vast majority of searches in Ukraine end with the seizure of property. We are talking not only about the property that was specified in the relevant decision on permission to search, but also about temporarily seized property. Property seized in this way is subject to seizure. The investigative judge is responsible for this process. Owners often find out about the seizure of property by accident. Important: not only the property seized during the search can be seized. It can also be bank accounts, real estate, corporate rights, etc. Therefore, the question is very relevant: how to return temporarily seized property? The return of property seized during a search is one of the activities of "PRIKHODKO & PARTNERS" lawyers.

Peculiarities of the procedure for returning temporarily seized property

The Criminal Procedure Code of Ukraine does not clearly prescribe the procedure for the return of temporarily seized property. The correct algorithm of actions is established by analyzing the norms of the Criminal Procedure Code of Ukraine regarding imposing an arrest, conducting a search, submitting motions to a detective/investigator/prosecutor, challenging inaction/actions during a pre-trial investigation.

Based on this, a typical procedure for returning property seized during a search consists of the following stages:

1. Verification of information on whether data on temporarily seized property is contained in the relevant decision on permission to conduct a search.
2. Analysis of information related to the existence of a request for seizure of temporarily seized property. This data can be obtained from the judicial authority to which the relevant pre-trial investigation authority is subordinate.
3. Preparation and submission of a complaint about the inactivity of pre-trial bodies
investigation into the return of temporarily seized property.

For the return of temporarily seized property, a complaint is submitted to the court (Part 1 of Article 303 of the Criminal Procedure Code of Ukraine). As a result, the court may order the prosecutor/investigator/detective to return the seized property. Ideally, the complaint should be filed on the third day after the search is conducted.

The maximum term for appealing the inactivity of pretrial investigation bodies is 10 days.

4. Actual receipt of property from the prosecutor/detective/investigator.

This is one of the least regulated and most protracted stages of the return of temporarily seized property.

5. Return of property seized during a search.

According to Part 3 of Article 174 of the Criminal Procedure Code of Ukraine, in the process of closing criminal proceedings, the prosecutor must simultaneously cancel the decision to seize property. In turn, investigators are not empowered with such powers.

Thus, citizens of Ukraine, legal entities and individuals can initiate the process of returning property seized during a search. For this, it is necessary to enlist the support of professional lawyers. Lawyers of "PRIKHODKO & PARTNERS" carry out the correct procedural actions to protect the interests of each client. These actions are based on the protection of human and citizen rights.
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