Asset Seizure: How to Protect Your Property
Short answer
The procedure for seizing bank accounts, real estate, and vehicles. How to challenge and recover seized property. Asset seizure is one of the most painful measures. It can paralyze a business, freeze accounts, and prevent you from managing your own property.
- Published
- Legally reviewed
- Author
- Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015
Step-by-step action plan
- 1File an appeal against the judge's order within 5 days
- 2Petition for lifting the seizure due to changed circumstances
- 3Prove disproportionality (value of seized assets greatly exceeds possible sanctions)
- 4Prove the property belongs to third parties unrelated to the case
Asset Seizure in Criminal Proceedings
Asset seizure is one of the most painful measures. It can paralyze a business, freeze accounts, and prevent you from managing your own property.
Grounds for Seizure
How to Challenge
Recovery Strategy
Rule of law and case law
What the law provides
- Criminal Procedure Code of Ukraine — ст. 98, 167–174, 309
What follows from case law
The Joint Chamber distinguished an appeal against the initial seizure order from a motion to cancel seizure under Article 174 CPC. The correct procedure depends on the order and stage of proceedings.
Official sources
- LawCriminal Procedure Code of Ukraine — ст. 98, 167–174, 309
- Supreme CourtJoint Chamber conclusion on cancellation of property seizure under Article 174 CPC
- RegistryUnified State Register of Court Decisions
- RegistrySupreme Court Legal Positions Database
Frequently asked questions
What should be done first?
File an appeal against the judge's order within 5 days
Which laws govern this situation?
The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 98, 167–174, 309.
Is a Supreme Court conclusion itself a rule of law?
No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.