Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Appealing the decision on seizure of property
Every citizen of Ukraine has the right to own, use and dispose of his property, as well as the results of his activity (creative, intellectual, etc.). This is stated in Article 41 of the Constitution of Ukraine. What does this mean? First of all, the right to private property is characterized by inviolability. That is why one of the services provided by the specialists of our Prykhodko and Partners law office is the appeal of the decision to seize property.
Legislative framework of the issue
The provisions of the Criminal Procedure Code of Ukraine include the right to appeal the decision of the investigating judge related to the seizure of property. What is the property seizure procedure? Its essence and main purpose is to limit the right of its owner to alienate or use money, as well as property (both movable and immovable). Among the main reasons for the seizure of property:
- Indebtedness of the debtor to the state budget, legal entities or individuals.
- The presence of disputes related to property.
- Situations when property acts as physical evidence in real proceedings.
- Seizure of property as a result of violation by its owner of the requirements of the law of the current Criminal Code.
Ways to remove property seizure
Today, there are two methods of arrest removal:
- Submission of a motion to remove the arrest. The relevant document is submitted to the investigating judge/court.
- Appealing the decision to limit the use of the property of the investigating judge/court in the appeal procedure.
Let’s consider the second method in more detail.
The procedure for applying to court is regulated by the Criminal Procedure Code of Ukraine. Therefore, the submission of a complaint, petition or statement is carried out in compliance with the conditions defined by the current Ukrainian legislation.
Article 309 of the Criminal Code of Ukraine (parts one and two) lists the decisions of the investigating judge that can be appealed. The procedure that can be used in this case is appeal, at the stage of pre-trial investigation.
According to the provisions of Article 309 of the Criminal Procedure Code, the decision of the investigating judge to cancel (both full and partial) seizure of property is not subject to appeal.
At the same time, the Criminal Procedure Code of Ukraine does not provide for the possibility of appealing the judge’s decisions made in accordance with Article 174 of the Criminal Procedure Code of Ukraine. It is also about canceling the seizure of property.
However, in practice there are already quite a lot of precedents when lawyers challenge decisions on seizure of property. The justification for this is as follows: the decision of the investigating judge leads to the same legal consequences as the decision related to the seizure of property/refusal to seize property.
That is, the interrelationship of Articles 170, 173, 174 and 309 of the Criminal Procedure Code provides the possibility of appealing both the decision of the investigating judge and its refusal.
Assistance of professional lawyers in appealing the decision to seize property
So, summing up, we note the following: seizure of property is an ongoing intervention. Even an initially correct decision to seize property may lose its validity over time. This may be related, in particular, to a change in important circumstances or to the emergence/discovery of new circumstances. In this case, there may be a need to change the property seizure regime or even cancel it.
If you need to appeal against a decision to seize property, lawyers Prykhodko and Partners will help you with this. We have extensive practical experience in cases of this type. Our lawyers will use all available tools to protect the interests of each client.
Do you still have questions? We are waiting for a preliminary consultation! Fill out the form below to calculate the cost of a lawyer’s services for appealing a decision on seizure of property.
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