Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Cancellation of seizure of property or money
Cancellation of seizure of property or money
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.
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.
Svyatoslav Ugrin
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.
«The specialists of Prikhodko & Partners Law Firm have the necessary knowledge and practice to lift the seizure of your property and funds»
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We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we immediately start working on your question
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1 question
Have other lawyers been involved in your case?
2 question
Is your property or money seized?
3 question
Is the arrest imposed in an executive, civil or criminal case?
4 question
Are you in Kiev or Kiev region?
5 question
Do you need legal assistance urgently?
Can I receive a consultation online or by phone?
Yes. Consultations are available by phone, online, and at our office. Your location does not prevent you from receiving initial legal assistance.
Which documents should I prepare for the consultation?
Bring or send everything related to the case, including a summons, notice of suspicion, court orders, records, agreements, and correspondence. If you do not have any documents, simply describe the situation. The lawyer will tell you what should be requested.
How much does a lawyer’s assistance cost?
The exact fee depends on the stage, complexity, and scope of work. Current estimates are shown in the price table on this page, and we prepare an individual calculation after the initial conversation.
Does your law firm work only in Kyiv?
No. We provide services throughout Ukraine. Clients looking for a criminal lawyer in Lviv, Odesa, or Dnipro can conveniently begin online. The next steps and format of cooperation can then be arranged to meet the needs of the case.
Should I choose a consultation or full representation?
A consultation may be sufficient when the issue is limited and clear. If proceedings have been opened, a notice of suspicion has been served, or a court hearing is expected, ongoing representation by a criminal lawyer may be required. A lawyer will recommend the appropriate format after the assessment, and it can be changed as the case develops.
Can a relative contact the lawyer?
Yes. Relatives are often the first to call a lawyer, especially after a detention. The lawyer’s authority is agreed with the person concerned by the proceedings and formalised in an agreement. This should be arranged as early as possible.
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