Property rights are guaranteed and protected by lawUgrin Svyatoslav
Under the arrest of property, the current legislation of Ukraine implies the imposition of a ban on the right of a legal entity or an individual to dispose of property that belongs to him or is at his disposal. At the same time, until the further fate of the seized property is determined, the owner of such property remains the same.
Taking into account the fact that the current legislation defines money as property, in connection with which money falls under the legal category of the arrest of property.
Seizure of property or money is mainly imposed in criminal proceedings (criminal proceedings), in civil proceedings, as well as in enforcement proceedings.
The purposes of the seizure of property or money are different, and are determined by the specifics of the process within which the seizure is imposed.
The methods and procedure for canceling the seizure of property or money are also determined by the process in which the seizure was imposed.
Before starting the process of canceling the seizure of property or money, it is necessary to determine within the framework of which process the seizure was imposed, as well as to carry out a detailed legal analysis of the documents and the situation.
Cancellation of seizure of property or money in criminal proceedings
The purposes of the seizure of property in criminal proceedings are defined in Article 170 of the Criminal Procedure Code of Ukraine, including: preservation of material evidence, special confiscation, confiscation in the form of punishment for a criminal offense, compensation for damage caused by a crime.
The seizure of property or money is imposed by a court decision on the basis of a petition by an investigator or prosecutor.
To cancel the seizure of property or money in the framework of criminal proceedings, it is necessary to apply to the investigating judge with an appropriate petition, in which to justify the unreasonableness of the seizure, or to appeal the decision of the investigating judge to seize property or money in an appeal.
Practice shows that in order to achieve a result, namely the cancellation of the arrest of property or money in criminal proceedings, it would be correct to simultaneously apply to the investigating judge to cancel the arrest in the framework of criminal proceedings and with an appeal against the decision of the investigating judge who was arrested.
Cancellation of seizure of property or money in civil (economic) proceedings
Seizure of property or money in a civil (economic) proceeding is imposed, as in a criminal proceeding, on the basis of a court decision in the form of a measure of securing a claim in order to guarantee the execution of the court’s decision if the court satisfies the claim.
Arrest of property or money in a civil (economic) process can be imposed both before filing a claim in court, and after. The seizure procedure is determined by the advising provisions of the civil and commercial procedural law.
The cancellation of the seizure of property or money in a civil (economic) proceeding is carried out by appealing a court decision on the imposition of seizure before the appellate instance, within the terms and in the manner prescribed by the civil and commercial procedural law.
Cancellation of seizure of property or money within the framework of enforcement proceedings
Enforcement proceedings are the last stage of court proceedings and are the enforcement of a court decision.
As part of the enforcement proceedings, the executor, on the basis of a court decision and an executive document, seizes the property and money in the bank accounts of the debtor with the aim of further collection in favor of the creditor. The seizure of the property and funds of the debtor is imposed by the decree of the executor.
The cancellation of the seizure of property or money in the bank accounts of the debtor within the framework of enforcement proceedings is possible by appealing in court the actions of the executor to impose the seizure in conjunction with the decree on the seizure. The complaint is filed with the court, which made a decision on the basis of which the collection is carried out and issued a writ of execution.
The success of the cancellation of the seizure of property or money that was imposed by a decree of a public or private executive depends on many factors, including compliance with the deadline for appeal, the presence of violations of a special law by the executor who imposed the seizure, and much more.
In any case, the cancellation of the seizure of property and money, both in criminal proceedings (criminal proceedings) and in civil proceedings, as well as in enforcement proceedings, depends on many factors, as well as on the qualifications of a lawyer / attorney who deals with this issue.
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