Return of seized property

During a search, items that have absolutely nothing to do with the case are often seized: family members’ mobile phones, laptops, cash, company documents and cars. Officially, this is ‘for verification’. In reality, the property remains with the investigator for years, and no one returns it until the owner takes action.

The key provision that is often overlooked: temporarily seized property must be returned to the owner if the investigator has not applied to the court for its seizure within the prescribed time limit, or if the court has rejected such an application (Articles 169 and 171 of the Code of Criminal Procedure).

The return of seized property is not a ‘request to the investigator’. It is a procedure that is initiated by a solicitor.

+38 095 554-54-24 — legal advice

Two different statuses: seizure and attachment

Confusion over this issue costs people months.

Temporary seizure — the actual deprivation of possession during a search or detention. This is still not an attachment. The investigator is obliged to apply without delay to the investigating judge with a request for the seizure of this property.

Seizure of property — is imposed by order of the investigating judge. Only after this is the property lawfully detained.

What follows from this is that if the application for seizure is not submitted in time or the court refuses — the property must be returned immediately. This is the quickest and simplest route, and it is the one most often overlooked.

Grounds for lifting a seizure

If a seizure has already been imposed, it is lifted (Article 174 of the Code of Criminal Procedure) when:

• there is no longer any need for the seizure — investigative actions concerning the property have been carried out, and the expert examination has been completed;
• the property is not connected to the criminal proceedings — it was seized ‘by association’;
• the property belongs to another person who is not a suspect — a common situation involving relatives’ electrical appliances, company property, or a car registered in a spouse’s name;
• the seizure was imposed in breach of procedure;
• the seizure is disproportionate — property has been seized whose value significantly exceeds the potential damage or potential confiscation;
• the proceedings have been closed or an acquittal has been handed down.

An application to lift the seizure is submitted to the investigating judge. A refusal may be appealed.

What is most commonly seized — and what can be recovered

Family members’ mobile phones and laptops. They are not parties to the proceedings, and their property is unrelated to the case. These are the easiest to recover.

Company equipment and servers. Often, ‘everything in sight’ is seized, paralysing the business. In such cases, the requirement is to make a copy of the data rather than seizing the storage media — and to submit a motion for its return once the forensic examination has been carried out.

Cash. The lawful origin must be proven — through bank statements, contracts and declarations.

A car. It is particularly problematic when it is needed for work or to transport a sick relative — the court takes such circumstances into account.

Company documents. Original accounting and statutory documents must not be seized unnecessarily, and copies must be provided to the company.

Course of action

1. Obtain an inventory of the seized items — this is attached to the search report. Without it, it is more difficult to prove that the items were seized.
2. Check whether a motion for seizure has been filed and whether the court has considered it. If not, or if the court has refused, the property must be returned.
3. Submit a motion to the investigating officer for the return of the temporarily seized property.
4. Contact the investigating judge if the investigator fails to respond or refuses.
5. Challenge the seizure, if it has been imposed, on the grounds set out in Article 174 of the Code of Criminal Procedure.
6. Challenge the refusal through the appeal process.

Each stage has its own time limits. Delays work against you: the longer the property remains in the hands of the investigation, the more ‘justifications’ there are for retaining it.

If you are not a suspect

This is important: the owner of the property, who is not a party to the criminal proceedings, has the right to apply to the court independently. Your mobile phone, seized during a search of your husband’s or brother’s premises, is your property, and you have the right to have it returned.

People often believe that ‘they have no connection to the case, so there is nothing they can do’. In fact, it is precisely such applications that are granted most easily.

When a solicitor is not needed

If the investigator has returned the property themselves following your application — the matter is settled. This does happen, albeit rarely.

You need a solicitor when:

• the investigator does not respond to your requests or refuses them;
• the property has been seized;
• property belonging to third parties — relatives or a company — has been seized;
• the company’s equipment has been seized, and business operations have come to a standstill;
• the proceedings have been closed, but the property is not being returned;
• you need to provethe lawful origin of the funds.

How we work

1. We analyse the documents — the search warrant, the inventory of seized items, and the seizure order.
2. We check the time limits — to ensure the investigator has not missed the deadline for applying for seizure. This is the quickest route.
3. We prepare a petition — first to the investigator, and then to the investigating judge.
4. We demonstrate that the property is unrelated to the case or belongs to a third party.
5. We appeal against the refusal on appeal.
6. We seek the actual return of the property — a court ruling and actually receiving the property in hand are, unfortunately, not one and the same thing.

Cost of services

Full price list · Defence during searches and questioning

Questions and answers (Return of seized property)

When must seized property be returned?

If the investigator has not applied to the court for a seizure order within the prescribed time limit, or if the court has refused such an application, the property must be returned. This is the first thing you need to check.

How does seizure differ from confiscation?

Seizure is the actual deprivation of possession during a search. Confiscation is imposed by an order of an investigating judge. Without a confiscation order, the retention of property is unlawful.

My wife’s mobile phone has been seized. What should I do?

Submit a motion for its return. Property belonging to a person who is not a party to the proceedings is the easiest to recover—they have the right to apply to the court independently.

The company’s servers have been seized; business has come to a standstill. What should I do?

Request that the data be copied rather than the storage media being seized, and file a motion for its return once the forensic examination has been carried out. The disproportionate nature of the seizure is a separate ground for its revocation.

Can seized cash be returned?

Yes, but you must prove the lawful origin of the cash: bank statements, contracts, tax returns.

When is the seizure of property lifted?

When there is no longer any need for it, the property is not related to the proceedings, it belongs to another person, the seizure was imposed in breach of the law, or it is disproportionate. Also, following the closure of the proceedings or an acquittal.

The investigator is not responding to my requests. What should I do?

You should apply directly to the investigating judge with a motion, and challenge the investigator’s inaction separately.

The proceedings have been closed, but the property has not been returned. Is this lawful?

No. Once the proceedings have been closed, there are no grounds for retaining the property. You should submit a motion and, if necessary, a complaint.

What documents should I bring to the consultation?

The search report detailing the seized property, the seizure order (if any), documents confirming ownership, your statements to the investigator and their replies.

Contacting a solicitor regarding the return of seized property to the company ‘Svarog’

Send us the search report with a description of the seized items — we will check whether a seizure order has actually been issued and whether any time limits have been missed. Very often it turns out that the property is being held without any legal grounds and can be returned within a few weeks.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00