Аrrest on the debtor’s bank accounts

Cancellation of seizure of property or money on the debtor’s bank accounts within enforcement proceedings is possible by filing a court appeal against the enforcement officer’s actions in imposing the seizure, together with the ruling on seizure.

⏰ Time limits for considering the motion
Under the Criminal Procedure Code of Ukraine, a motion to lift the seizure of property must be considered no later than three days after it is filed.
In practice, courts usually do not delay the consideration of such motions.
An investigating judge’s ruling on lifting the seizure of property issued under Article 174 of the CPC is not subject to appeal.

⚖️ Lifting of property seizure under Article 174 CPC vs. appeal: key difference
We explain the difference between lifting property seizure under Article 174 of the CPC of Ukraine and appealing an investigating judge’s ruling on seizure: time limits, filing procedure, grounds, and procedural specifics.

⚠️ Important to remember

• A person may file a motion to lift the seizure of property at any time.
• The seizure must be cancelled if the applicant proves one of the grounds: further application of the seizure is no longer necessary or the seizure was imposed without proper grounds.
• The motion is submitted to the investigating judge or the court of the same territorial jurisdiction where the investigation is conducted.
• The court must examine the motion to lift the seizure of property within three days of its filing.
• An investigating judge’s ruling on lifting the seizure of property is not subject to appellate review.
• A decision refusing to open proceedings may be appealed.

🎯 Your property has been seized and you do not know how to lift the seizure?
We can help! Our legal services for lifting property seizure include:

• Analysing the grounds for lifting the seizure and reviewing the criminal proceedings.
• Drafting a substantiated motion to cancel the seizure of property.
• Filing the motion with the investigating judge.
• Representation at the court hearing when the motion is considered.
• Lifting seizure from real estate (apartments, land plots, houses).
• Lifting seizure from vehicles.
• Lifting seizure in civil or commercial proceedings.
• Filing an appeal against a ruling imposing seizure.
• Filing a motion to cancel interim measures securing a claim.
• Filing a motion for counter-security.
• Appealing enforcement officers’ actions in seizing funds on bank accounts.
• Lifting seizure after criminal proceedings are closed.
• Protecting the rights of third parties whose property has been seized.

Do not lose access to your property – seizure can block your economic activity and deprive you of the right to dispose of your real estate.
Contact us today to quickly lift the seizure from your property.

If you have any questions or issues related to this matter, you should seek an individual consultation to analyse your specific situation and develop a safe and realistic strategy.
Yevhenii Murchenko, Head of Criminal Law and Procedure Practice at the Attorneys’ Association “WINNER Law Firm”.