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Publication date: 18.02.2025
My name is Oleksandr Serhiienko, and I am an attorney with over 20 years of experience, specializing in criminal and civil law, migration, extradition, as well as matters related to Interpol and the European Court of Human Rights (ECHR). I provide legal assistance at all stages of court proceedings, defending clients in complex and international cases. My experience includes closing criminal cases, changing preventive measures, compensating damages, as well as canceling decisions for 10 million UAH and receiving compensation of 15,000 EUR under the ECHR ruling. Personal slogan: Defending rights – upholding justice.
Complex Cases Regarding the Lifting of Property Seizures in Criminal Proceedings
The lawyer successfully achieved the lifting of seizures on significant property of clients within criminal cases, restoring their rights to possess and manage their assets.
Lifting of Seizure on Funds Amounting to 5,200,000 UAH
Link to the decision: https://reyestr.court.gov.ua/Review/89935445
Case Summary:
- The investigating judge of the Pechersk District Court of Kyiv imposed a seizure on funds amounting to 5,200,000 UAH within the criminal proceedings.
- This blocked the client's financial operations and created significant difficulties in running the business.
My Defense Strategy:
- A detailed analysis of the case and identification of procedural violations.
- Justification for the lack of grounds for the seizure, as the funds had no relation to the subject of the investigation.
- Filing a motion to lift the seizure with arguments about the violation of the client's property rights.
Result:
- The court lifted the seizure, and the client regained full access to their funds.
Lifting of Seizure on Land Plots in Kyiv
Link to the decision: https://reyestr.court.gov.ua/Review/92001526
Case Summary:
- A seizure was imposed on land plots in Kyiv within criminal proceedings.
- This made it impossible to carry out any operations with the property – selling, transferring, or developing.
My Defense Strategy:
- It was established that the land plots had no relation to the criminal proceedings.
- It was proven that the seizure was imposed beyond authority and without sufficient legal grounds.
- A motion was submitted to the court arguing the violation of the client's property rights.
Result:
- The court recognized the seizure as unlawful and fully lifted it.
Lifting of Seizure on Land Plots in the Suburbs of Kyiv
Case Summary:
- In the criminal case, land plots of over 2 hectares in Kozyn, Obukhiv District, Kyiv region, were seized.
- The plots were designated for the construction of a residential house and auxiliary buildings.
My Defense Strategy:
- All legal grounds for the seizure were analyzed, and significant procedural violations were discovered.
- It was proven that the land plots were not the object of the crime and could not serve as evidence in the case.
- An appeal was filed because the investigation had not provided sufficient arguments for the seizure.
Result:
- The Kyiv Court of Appeals lifted the seizure and returned the land plots to the owner.
Lifting of Seizure on Land Plot Near Kyiv
Link to the decision: https://reyestr.court.gov.ua/Review/87764030
Case Summary:
- Within criminal proceedings, a seizure was imposed on a land plot near Kyiv.
- This blocked the possibility of using the land for its intended purpose.
My Defense Strategy:
- It was established that the land plot had no relation to the criminal proceedings.
- It was proven that the imposed seizure was an unlawful restriction on the owner's rights.
- A court motion was prepared and submitted to lift the seizure.
Result:
- The court granted the motion, and the client regained the right to fully use their land.
Overall Outcome of My Work
Thanks to effective defense and a well-built strategy, I was able to achieve:
- Lifting of seizure on over 5,200,000 UAH and restoring the client's access to their funds.
- Lifting of the seizure on large land assets in Kyiv and its suburbs.
- Restoration of the clients' violated property rights, allowing them to freely manage their property.
These cases are a vivid example of how a professional legal approach allows effective protection of clients' property rights even in complex criminal proceedings.
Questions and Answers
Question
How to lift a seizure from property in criminal proceedings?
Answer
To lift a seizure, you need to prove the lack of legal grounds for imposing it and the violation of the property owner's rights.
Question
How long can the process of lifting a seizure take?
Answer
The case's consideration time depends on the complexity of the situation, but it can generally take from a few months to a year.
Why Should You Contact a Lawyer?
- Professional assistance: A lawyer provides qualified help at every stage of the case.
- Legal protection: Preparation of all necessary documents and a legal position to defend your rights.
- Time-saving: Simplification of all procedural issues and their optimization.
Legal support: assistance at every stage, from preparation to execution of the decision.
Consultation: an individual approach to each case and its specifics.
Achieving results: successful resolution of the case in favor of the client.
Lifting a seizure from property in criminal cases is a complex process that requires a professional approach. Thanks to the right defense strategy, clients get the opportunity to regain control over their property and avoid significant financial difficulties.
