Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Arrest of property as part of securing a claim
The seizure of property is an important procedural action in civil and commercial proceedings in general. Its purpose is to temporarily restrict a person’s right to dispose of his own property in cases clearly stipulated by law.
Grounds for the seizure of property as part of securing a claim
The grounds for imposing an arrest are defined by the Civil Procedure Code of Ukraine in Article 152 and are as follows:
- there is a real threat of non-execution of the court decision in the case (when the plaintiff has evidence that the defendant intends to alienate or hide the property in order to make it impossible to recover from it);
- the need to prevent further damage to the plaintiff by the defendant’s actions.
Thus, the plaintiff, when applying to the court, must substantiate the presence of at least one of the grounds set out above. Arrest as part of securing the claim may be imposed on movable and immovable property, cash, securities, property rights and other property belonging to the defendant. According to Article 150 of the CPC of Ukraine, it is worth distinguishing between different types of seizure, in particular:
- on property or funds belonging to the defendant (the most common in modern judicial practice of considering commercial and civil cases) to compensate the plaintiff for losses and recover debts;
- on assets that are the direct subject of the dispute (in cases of recognizing assets as unfounded and their recovery to the state revenue);
- a seagoing vessel used to secure the so-called maritime claims.
What property is not subject to seizure by law?
According to current national legislation, securing a claim by seizure is prohibited for:
- first, funds intended for vital needs (salary, pension, and scholarship), except in cases where it is a question of considering a case concerning the recovery of child support from the defendant;
- second, financial assistance under mandatory state social insurance, which is paid in connection with temporary incapacity for work, pregnancy and childbirth, as well as charitable organizations in the prescribed cases;
- third, unemployment benefits;
- fourth, property, or funds of an insolvent bank or banking institution for which a decision has been made to revoke its license;
- fifth, property of strategic importance to the state (state reserve stocks);
- finally, items (assets) that are consumable and perishable.
Procedure for the seizure of property as part of securing a claim: stages, deadlines and court fees
The procedure includes several important stages:
- Stage 1. Filing an application for securing a claim by imposing an arrest on property to the court. This application must substantiate the existence of grounds for taking measures, clearly define the property to be arrested, and its approximate value;
- Stage 2. Consideration of the application by the court. As a general rule, the court considers the application no more than two days from the date of its receipt. In exceptional cases, when the evidence provided is insufficient to initiate the relevant procedure, the court may order a hearing with the summons of the parties. This can significantly increase the duration of the consideration (from one to two months on average);
- Stage 3. Issuing a ruling on imposing an arrest on the relevant property and its execution. The execution of the ruling is carried out by the state bailiff by taking the necessary actions (drawing up an inventory, imposing a ban on the alienation of property, etc.).
Moreover, for filing an application for securing a claim, a court fee is required, which currently amounts to 0.5 (for legal entities and sole proprietors) or 0.2 (for individuals) of the subsistence minimum. For some categories of citizens, an exemption from paying this court fee is provided. For more detailed information, we recommend that you contact a qualified lawyer from the law firm “Prikhodko and Partners”.
What is the procedure for appealing the seizure of property as part of securing a claim?
The Code of Civil Procedure of Ukraine provides for the possibility of appealing a court decision and lifting the seizure by filing a petition by the defendant. Such a document is considered by the court no later than five days from the date of its receipt. The court’s refusal to cancel the seizure does not prevent the re-application of the same petition in the event of new circumstances of the case that may serve as grounds for canceling the selected measure of securing the claim.
How can the lawyers of “Prikhodko & Partners” help?
The law firm “Prikhodko & Partners” can provide comprehensive legal support, based on the specialization and professional experience of lawyers and advocates, which will include:
- legal consultations, analysis of the client’s situation;
- preparation of legal documents (applications, responses, other procedural documents) and legal examination of the documentation available to the client;
- representation of clients in courts of first, appellate and cassation instances;
- legal assistance at the stage of execution of court decisions, including interaction with the enforcement service;
- other legal services appropriate for resolving the case of the interested client.
You can get advice on the seizure of property as part of securing a claim and the possibility of appealing it by contacting the lawyers of “Prikhodko and Partners”. They will be able to assess your situation and offer the most effective ways to resolve it. To find out the cost of a lawyer’s support for your case, fill out the form below.
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Is a subscriber form of service possible to quickly resolve issues as they arise?
Yes, of course, we take companies for permanent support.
The subscription form of service allows you to receive a full range of legal services on an ongoing basis for a fixed monthly fee.
Our lawyers will accompany all economic legal relations of your company: from drawing up contracts and solving corporate issues to representing interests during inspections by regulatory bodies and in court disputes.
We have very flexible pricing, so contact us and we will discuss your specific case.
Do you work only in Kyiv?
Fortunately, modern technologies allow us to effectively solve almost any legal issue online regardless of your location. In cases where personal presence is necessary, our lawyers are ready to travel to any point in Ukraine. Moreover, thanks to our network of reliable partners abroad, we can provide legal support even in international cases. Our goal is to provide you with quality legal assistance wherever you are.
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