How to file a claim for the removal of property seizure
How to file a claim for the removal of property seizure
The seizure of property can be a measure to secure a claim, and also be conducted within the framework of a criminal case. Any seizure of property must be authorized by a relevant decree of the prosecutor.
Instructions
1
The seizure of property deprives you of the right to dispose of itthe way you want. You will not be able to sell, lease, donate or mortgage those movable and immovable things to which it is imposed. The seizure of property is often used by bailiffs in the enforcement proceedings. However, sometimes due to the "forgetfulness" of law enforcement officers, the seizure of property continues after the sentencing, although the Federal Law "On Enforcement Proceedings" does not leave such an opportunity.
2
Since the law does not set a time limit, after which the seizure of property can be automatically considered withdrawn, you will have to apply to the court with the corresponding request yourself.
3
If the arrest was a measure of civilOf the claim, but its consideration in the court has already taken place, you have the right to apply to the same court with a petition for the cancellation of the security of the claim. The right to such a request is only from those persons who directly participated in the case. The application shall be made in writing specifying the name of the judge participating in the proceedings. Upon your application, a meeting will be held, after which the judge will decide whether to lift the arrest or to refuse to withdraw it.
4
The arrest, which was imposed on the movable andimmovable property by the prosecutor in connection with the investigation of the criminal case, can be withdrawn only by him. In this case, the prosecutor has the right to sign the resolution on cancellation, only if the list of grounds on which the arrest was imposed can be considered exhausted. Therefore, in order to obtain a lifting of the seizure of property, you must pay all debts, fines and pay off in full the other monetary obligations that forced the prosecutor's office to arrest your property.