SEARCH! WHAT SHALL I DO???

In today’s conditions, representatives of business and citizens of Ukraine from time to time face such an investigative action as a search, which is carried out on the basis of a corresponding court decision.

The consequence of such an investigative action may be the limitation of the property rights of the person whose inspection is being carried out, accordingly. In particular, this manifests itself in the confiscation of property that is private property, leaving the possibility of its free use and disposal.

Thus, a logical question arises – how to return one’s own property and restore one’s legal rights?

The answer to this question is regulated by the norms of criminal procedural legislation.

Thus, the provisions of the current Code of Civil Procedure provide that the property for which permission has been granted to search and seize must be recorded in the relevant court decision.

If the confiscated property is not specified in the decision of the investigating judge on permission to conduct a search, such property is considered temporarily confiscated, and therefore, the authorized persons of law enforcement agencies have the obligation: either to apply to the court with a request for the seizure of the confiscated property, or to return it legal owner

Part 5 of Article 171 of the Criminal Procedure Code of Ukraine stipulates that the petition of the investigator, prosecutor for the seizure of temporarily seized property must be submitted no later than the next working day after the seizure of the property, otherwise the property must be immediately returned to the person from whom it was seized.
In turn, it should be emphasized that in the case of failure to apply to the court with a corresponding request by the prosecution and failure to return the property, the owner has the legal right to independently initiate such return by applying to the court with a complaint about the inaction of the authorized persons of law enforcement agencies, which consists in the failure to return the temporarily seized property.

The “RI GROUP” law association advises to be meticulous during the search, to study in detail the contents of the court decision, on the basis of which the search is to be conducted, and during its implementation, immediately use your right to legal assistance, which will significantly reduce the risks of violation of the owners’ rights.