The experts of Drozdova & Partners Law Firm obtained a judgment lifting the seizure of an entrepreneur’s property taken by law enforcement as part of search measures.

Advocate Taras Hereliuk was responsible for the development of legal position and represented the client before the Lutsk District City Court, Volyn Region.

Direct materials were taken from the manufacturer during the search measures carried out as part of the proceedings on an offence under Article 212 (evasion of taxes, duties and other charges) of the Ukrainian Criminal Code.

An application for lifting the seizure was filed on behalf of the client. The rationale behind the application was that the entrepreneur had documents evidencing the origin and legal acquisition of the direct materials. The advocate also brought to the court’s attention that no charge papers were served on the client. The client was only denied his right to use and dispose of the property that was not withdrawn from circulation.

Taken into account the circumstances, the application was granted despite strong dissent from the prosecution.

‘Unfortunately, law enforcement often recourses to the seizure of property as a leverage over businesses,’ Mr Hereliuk points out. ‘The operations of a company are blocked on a spurious pretext making it to incur loss daily. Accordingly, the primary role of the advocate is to ensure that the client’s legitimate rights are respected — to substantiate that lifting of the seizure is possible and necessary, and to obtain the appropriate judgment.’