Protected the client's interests in a case of unjustified seizure of bank accounts
AXELLEGAL's team successfully defended the client's interests in the Pecherskyi District Court of Kyiv, having succeeded in canceling the illegal and unjustified seizure of property and accounts.
The plot: The Main Investigation Department of the National Police of Ukraine is conducting a pre-trial investigation of criminal proceedings on the grounds of committing criminal offenses under Part 4 of Article 190, Part 2 of Article 361 of the Criminal Code of Ukraine.
Our client, a private notary, lives his life in peace, has no procedural status in this criminal proceeding, is not a suspect, and is not even mentioned in it.
December. 2021. Our client is preparing for the New Year holidays without suspecting anything. And he finds out that he cannot buy gifts for his family because his accounts are blocked.
It turns out that the decision of the investigating judge of the Pechersk District Court of Kyiv dated 13.12.2021, at the request of the prosecutor of the Prosecutor General's Office, seized the funds placed in his accounts.
On December 29, 2021, the investigating judge of the Pechersk District Court of Kyiv in case No. 757/67952/21-к makes a decision to satisfy the lawyer's request to cancel the seizure of property and cancel the seizureimposed according to the decision of the investigating judge of the Pechersk District Court of Kyiv dated 13.12.2021.
Syrko&partners' attorneys proved that the arrest warrant was unreasonable and contrary to the current legislation.
What follows is more interesting, as it resembles the events of the movie "The Grinch": the next day, a prosecutor from the Prosecutor General's Office files a similar motion to seize the property of a private notary.to create artificial conditions for imposing restrictions on the notary's activities in order to neutralize the judicial protection and prevent the execution of the investigating judge's decision to cancel the unjustified seizure of property.
On the same day, December 30, 2021, the prosecutor receives the investigating judge's decision to seize the property, made on the same unreasonable grounds.
However, despite the prosecutor's abuse of the procedural right to file a motion to seize property, on January 20, 2022 investigating judge The Pechersk District Court of Kyiv in case No. 757/529/22-k issued a ruling, which again recognized the groundlessness of the arrest in accordance with the decision of the investigating judge of 30.12.2021, grants the lawyer's motion and cancels the re-seizure of the private notary's accounts.
As a result of our active actions, the rights and interests of our client were legally protected, the investigator's decision to seize the property was canceled, and the bank accounts were unblocked.
The full text of the decision is available at link.