Lifting seizure of property: how to unblock real estate and vehicles

If you need to remove a seizure from property, the main route is to file a motion with the court under Article 174 of the Criminal Procedure Code of Ukraine. The motion to lift the seizure of property is considered by the investigating judge no later than three days after it is received by the court.

✅ Grounds for lifting seizure of property
Seizure of property must be lifted if the grounds for its application have ceased to exist or if the seizure was imposed without justification.

Seizure of property may be lifted if:

• The need to apply seizure has disappeared
• The seizure was imposed without sufficient grounds
• The property does not meet the criteria of physical evidence
• The property is not subject to special confiscation or confiscation
• There are no risks of its concealment, damage, or disposal
• The rights of the owner of the property have been violated
• The property is not evidence in the criminal proceedings
• The seizure obstructs lawful activities or violates the rights of third parties
• The criminal proceedings have been closed or the person has been acquitted
• The seizure violates the rights of the owner (especially if the owner is not a suspect)
• There are no lawful grounds for the seizure (the property is not related to the crime)

A person has the right to file a motion to lift the seizure of property in criminal proceedings at any time.

🛡 Who may file a motion to lift seizure
Under part 1 of Article 174 of the Criminal Procedure Code of Ukraine, the suspect, the accused, their defence counsel, legal representative, another owner or holder of the property, or the representative of a legal entity in respect of which the proceedings are conducted, who were not present when the issue of seizure of property was considered, have the right to file a motion to lift the seizure of property in full or in part.

🔑 Five steps: how to lift seizure of property
Step 1: Identify the grounds for lifting the seizure — the motion may be granted if the property is not evidence, there are no lawful grounds for the seizure, and the seizure violates the owner’s rights.
Step 2: Prepare the motion — the document must include:

• Details of the court to which it is submitted
• Information about the applicant (full name, address, contact details)
• Criminal case number and details of the ruling imposing seizure
• Legal reasoning for lifting the seizure with references to legislation
• A request to the court to lift the seizure
• Annexes: a copy of the ruling on seizure, title documents, and other evidence

Step 3: File the motion with the court — the motion is submitted to the investigating judge at the place where the criminal proceedings are being considered.
Step 4: Take part in the court hearing — the owner of the property, the prosecutor, the investigator, and other interested parties are summoned to the hearing on the motion.
Step 5: Obtain the court decision — if the court grants the motion, the seizure is lifted and the relevant authorities (the bank, registration service, etc.) execute the decision.

The motion is filed with the investigating judge or the court of the same territorial jurisdiction where the investigation is being conducted.

🛡 Lifting seizure from real estate
When choosing effective ways to lift seizure from real estate, the circumstances under which the seizure was imposed are crucial.

If the seizure in criminal proceedings was imposed at the pre-trial investigation stage, the ways to lift it include:

• Filing an appeal against the ruling of the investigating judge imposing seizure of property
• Filing a motion to lift the seizure of real estate

If, after the seizure is imposed at the pre-trial stage, the case is transferred to court and trial proceedings begin, a motion to lift the seizure must be filed with the trial court that is hearing the case and has scheduled the preparatory hearing.

💰 Lifting seizure in civil and commercial proceedings
Lifting seizure of property or funds in civil or commercial proceedings is carried out by appealing the court decision imposing seizure to the court of appeal, within the time limits and in the manner set by civil and commercial procedural law.

Effective ways to lift seizure in such cases include:

1. Filing an appeal (or cassation appeal) against the ruling on securing the claim
2. Filing a motion to cancel the measure of securing the claim
3. Filing a motion for counter-security

If you have questions or difficulties related to this issue, it is advisable to seek an individual legal consultation to analyse your specific situation and develop a safe and realistic strategy.

Yevhenii Murchenko, Head of Criminal Law and Procedure Practice at the law firm “WINNER”.