What Is Seizure (Arrest) of Property: Reasons, Procedure and Consequences

Seizure (arrest) of property is a temporary restriction of your right of ownership under which you cannot sell, give away or pledge the property. Such a restriction is applied on the basis of a decision of a court or an authorised body in cases provided for by law, and it is used to secure the enforcement of decisions, the repayment of debts, or as a preventive tool in criminal proceedings.

The purpose of seizure is to prevent the asset from being disposed of in a way that could harm the interests of the state or third parties (for example, creditors or victims). Seizure can be applied in both civil and criminal cases, depending on the circumstances and the legal grounds.

Why is property seized?

If a debt is not repaid, the creditor applies to the court for compulsory recovery and a restriction on the debtor’s right to dispose of the property. The decision is then implemented by a state or private enforcement officer within enforcement proceedings. Separately, in criminal cases, seizure is initiated to preserve evidence, to enable confiscation or to compensate for damage.

If the owner disagrees with the seizure or believes that the procedure was breached, there are mechanisms for appealing against and lifting the seizure of property under the procedure established by law.

Who imposes seizure?

It depends on the procedure:

• in a civil case – the court, by a ruling securing the claim;
• in enforcement proceedings – a state or private enforcement officer, by their own resolution;
• in criminal proceedings – an investigating judge or a court, on a motion of the prosecutor or of the investigator approved by the prosecutor.

A court ruling and an enforcement officer’s resolution can be appealed.

What property can be seized?

The following may be seized:

• real estate (including property received by inheritance or as a gift),
• movable property (cars, valuables, etc.),
• money in any form (cash or non-cash),
• securities and other assets.

In criminal cases, seizure is possible in respect of property considered to be an instrument of crime, proceeds of crime or necessary to secure a civil claim; in civil cases – to guarantee the enforcement of a court decision. In enforcement proceedings, recovery cannot be levied on the property of an individual debtor listed in the annex to the Law “On Enforcement Proceedings” – in particular, everyday household items, medicines, prizes, state awards, and honorary and commemorative badges.

What happens to seized property

In “debt” cases, seized property may be sold to repay the debt, and the proceeds are transferred to the creditor. If a sale is impracticable or loss-making, a separate decision is made. An owner who is not the debtor can defend their rights in court and demand that the seizure be lifted.

Procedure for imposing seizure: key steps

• Civil case. The claimant files an application to secure the claim – before filing the claim or at any stage of the case, if without such measures enforcing the future judgment would be significantly more difficult or impossible (Article 149(1) and (2) of the Civil Procedure Code of Ukraine). Seizure of the defendant’s property or funds is one of the types of interim measures (Article 150(1)(1) of the Civil Procedure Code); it must be proportionate to the claims made (Article 150(3) of the Civil Procedure Code). The court considers the application no later than two days after it is received, without notifying the parties (Article 153(1) of the Civil Procedure Code).
• Enforcement proceedings. Seizure is imposed by the enforcement officer – by a resolution, in the amount to be recovered, including the enforcement fee, enforcement costs and fines (Article 56(1) of the Law of Ukraine “On Enforcement Proceedings”). Copies of the resolutions are sent on the same day to banks and to the authorities that register property and encumbrances (Article 56(1)). When making an inventory and seizing property, the officer may restrict its use, seal it or remove it and transfer it for safekeeping (Article 56(5)).
• Criminal proceedings – by a ruling of an investigating judge or a court; see the next section for how this works.

Seizure of property in criminal proceedings: what the CPC provides

Under the Criminal Procedure Code of Ukraine (CPC), seizure of property is a temporary deprivation, by a ruling of an investigating judge or a court and until it is lifted in the manner established by the Code, of the right to alienate, dispose of and/or use property (Article 170(1) CPC).

Seizure is allowed in order to secure (Article 170(2) CPC):

• the preservation of material evidence;
• special confiscation;
• confiscation of property as a penalty or as a criminal-law measure against a legal entity;
• compensation for damage caused by a criminal offence (civil claim) or recovery of an undue advantage obtained by a legal entity.

A motion for seizure may be filed with the investigating judge or the court by the prosecutor, by the investigator with the prosecutor’s approval and, to secure a civil claim, also by the civil plaintiff (Article 171(1) CPC). The motion is considered no later than two days after it reaches the court. Property that has not been temporarily removed may be seized without notifying the owner if this is necessary to secure the seizure (Article 172(1) and (2) CPC).

When deciding on seizure, the investigating judge or the court must take into account, among other things, the legal grounds, the reasonableness and proportionality of the restriction of property rights to the tasks of the proceedings, and the consequences of seizure for the suspect, the accused, the convicted person and third parties (Article 173(2) CPC). The party filing the motion must prove that seizure is necessary – otherwise the motion is refused (Article 173(1) CPC). If the motion is granted, the least burdensome form of seizure is applied, one that does not halt or unduly restrict lawful business activity (Article 173(4) CPC).

How to lift a seizure of property in criminal proceedings

• Motion to lift. It may be filed by the suspect, the accused, their defence lawyer or legal representative, another owner or possessor of the property, or a representative of the legal entity concerned. This right belongs to those who were not present when seizure was considered, and to those who prove that the measure is no longer needed or that the seizure was imposed without good grounds (Article 174(1) CPC).
• Who decides and when. During the pre-trial investigation – the investigating judge; during the trial – the court; no later than three days after the motion reaches the court (Article 174(1) and (2) CPC).
• Lifting without a motion. The prosecutor lifts the seizure when issuing the decision to close the criminal proceedings, if the property is not subject to special confiscation. The court decides on the seizure when delivering the judgment that ends the trial – in particular, it lifts the seizure on acquittal (Article 174(3) and (4) CPC).
• Appeal. A ruling of the investigating judge on seizure of property or refusal to seize may be appealed (Article 309(1)(9) CPC) within five days of its announcement; if the ruling was made without summoning the person, the time limit runs from the day they receive a copy (Article 395 CPC). A refusal of the investigating judge to lift a seizure during the pre-trial investigation cannot be appealed: in Decision No. 12-r(II)/2026 of 14 October 2026 the Constitutional Court of Ukraine found this restriction constitutional.

More on how we can help: Revoking property attachment (asset seizure) and Lifting the freeze on bank accounts.

Civil proceedings: preventing the alienation of assets

In civil cases, seizure serves as an interim measure to prevent the defendant from alienating property before the dispute is resolved on the merits. If the risk disappears or the grounds are not confirmed, the seizure may be reviewed and lifted.

Consequences of seizure for the owner

Once property is seized, the owner can no longer carry out any transactions with the asset; state registers block legally significant actions. This creates financial risks for debtors and legal risks for potential buyers of encumbered property.

How to check whether property has been seized

Before entering into transactions, it is advisable to check for encumbrances in:

• the State Register of Real Property Rights;
• the Unified Register of Debtors (for cases within enforcement proceedings);
• the Register of Encumbrances of Movable Property.

How to lift a seizure and what to look out for

• Civil case. The court may lift interim measures on a reasoned motion by a party; the motion is heard at a court hearing within five days (Article 158(1) and (2) of the Civil Procedure Code), and the ruling can be appealed (Article 158(5)). If the claim is dismissed, the court states in the judgment that the interim measures are lifted (Article 158(9)). If the claim is upheld, the measures remain in force for 90 days after the judgment becomes final, and if enforcement proceedings are opened within that period – until the judgment is fully enforced (Article 158(7) and (8)).
• Enforcement proceedings. An enforcement officer’s resolution can be challenged before the court that issued the enforcement document (Article 74(1) of the Law “On Enforcement Proceedings”); in civil cases, the complaint must be filed within 10 days of the day the person learned or should have learned of the violation of their rights (Article 449(1)(a) of the Civil Procedure Code). If the seized property does not belong to the debtor, its owner may bring a claim for recognition of ownership of the property and its release from seizure (Article 59(1) of the Law).
• Criminal proceedings – see the section “How to lift a seizure of property in criminal proceedings”.

Representation by DSA GROUP

Our team supports clients at all stages – from the initial consultation and preparation of procedural documents to participation in hearings and the full trial of a criminal case, as well as in debt cases and cases involving restrictions on property rights. We prepare motions to lift the seizure of property, take part in hearings on imposing or extending restrictions, and defend our clients’ interests in dealings with enforcement officers.

Has your property been seized? Call us right now!