Lift the seizure of property (apartment, house, cottage, land) after the trial

According to current legislation, the bailiff may impose an arrest on the debtor's funds or property. In most cases, this procedure is aimed at ensuring the actual execution of the court decision, namely, the restriction of the right to own/use/dispose of property. In this article, we will consider how to remove the arrest from property (from an apartment, house, dacha, land) after the court.

Lifting the seizure of property: what grounds are needed?

The seizure of real estate is a significant problem for its owners. It can be imposed within the framework of various types of proceedings, including:

• Economic.
• Civil.
• Criminal.
• Administrative.
• Executive.

Let us consider in more detail the issue of imposing an arrest in criminal proceedings. The grounds for its application are:

• The need to preserve material evidence.

Encumbrances can concern real estate of both legal entities and individuals. The justification is the presence of grounds to believe that the arrest meets the criteria listed in Article 98 of the Criminal Procedure Code of Ukraine.

• “Special” confiscation.

In this case, the encumbrance is subject to property that is directly related to the commission of illegal criminal acts. For example, after committing a criminal offense, a person received an apartment, house or plot of land.

• Confiscation = punishment.

In some cases, confiscation of real estate is imposed as a punishment in criminal proceedings.

• Ensuring the execution of a civil claim.

The purpose is to ensure the procedure for compensating the party injured by the crime.

Important: the value of the confiscated property must correspond to the amount of damage caused by the criminal offense.

Now let's move on to the issue of the grounds for lifting the seizure of property. The Law of Ukraine "On Enforcement Proceedings" clearly lists the grounds on which the seizure of property may be lifted. Among them:

• Closing the proceedings in the relevant case (the justification is presented in Article 39 of the Law of Ukraine "On Enforcement Proceedings").
• Cancellation of the claim by the court, justified by the completion of the proceedings.

In the future, the seizure that was imposed on the debtor's property is canceled. At the same time, data about the debtor must be excluded from the Unified Register of Debtors and the Register of Encumbrances. In addition, other measures that were applied by the executor to enforce decisions are suspended.

Information on the lifting of the seizure of real estate is indicated in the Resolution on the return of the executive document or the termination of enforcement proceedings. The resolution is sent to the institution or official who initiated the imposition of the seizure.

Legal support in lifting the seizure of real estate

Lawyers of our law firm Prykhodko and Partners will help lift the seizure of the debtor's property after the end of enforcement proceedings or even during the consideration of the case.

We suggest considering some examples of lifting encumbrances on real estate. For example, it is necessary to lift the seizure of an apartment that was imposed by a court decision.

To achieve a positive result in the case, it must be proven that there is no need to apply this measure of punishment, in particular, due to a change in the circumstances of the case, etc.

The investigating judge may apply encumbrances if there is an agreed motion by the prosecutor and the investigator. The procedure for submitting a motion to cancel encumbrances depends on the stage of the case (at the stage of judicial investigation; consideration of the case in court, etc.). The preparation and submission of a motion is regulated by Article 174 of the Criminal Procedure Code of Ukraine.

The lawyers of our law office will help to lift the seizure of property in criminal proceedings. We have the necessary experience to resolve this and other problems.

Our lawyers provide comprehensive services on issues of lifting the seizure of real estate. All you need to do is sign up for a consultation in a convenient format (online or offline). We will provide answers to all the questions that interest you.

The next stage is the development of an effective action strategy for each specific situation. Our lawyers will help you prepare and submit an application for lifting the arrest, and provide professional representation of the client in court proceedings. We will be able to protect your legal rights efficiently and promptly!

In the event of an unfounded and legally unfounded seizure of property, our lawyers will use all the necessary tools to cancel it on the basis of preparing an appeal or by applying to the investigating judge. Our specialists work exclusively for the desired result for the client!

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services to lift the arrest on real estate (apartment, house, cottage, land) after the trial, fill out the form below.