{"id":7067,"date":"2020-09-17T15:09:30","date_gmt":"2020-09-17T13:09:30","guid":{"rendered":"https:\/\/bargen.com.ua\/?p=7067"},"modified":"2023-04-03T12:58:15","modified_gmt":"2023-04-03T10:58:15","slug":"konflikt-interesiv-sudova-praktyka-ta-porady-shhodo-zahystu-2","status":"publish","type":"post","link":"https:\/\/bargen.com.ua\/en\/2020\/09\/17\/yak-skasuvaty-aresht-z-rahunkiv-pidpruiemstva-u-kriminalnomu-provadzhenni\/","title":{"rendered":"How to cancel the seizure of the company's accounts in criminal proceedings"},"content":{"rendered":"
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Do you do business, interact with a large number of contractors or participate in public procurement? Then with a high probability it can happen so that one day law enforcement officers will block the company's accounts through the court<\/strong>. This usually happens when an enterprise receives funds from local governments, utilities or state-owned enterprises, while law enforcement is investigating the misappropriation or misappropriation of funds by their officials.\u00a0<\/span><\/p>

What are the features of canceling the seizure of bank accounts in 2023? You can find out in the article: How to cancel the seizure of bank accounts in criminal proceedings?<\/a>\u00a0<\/span><\/span><\/strong><\/p>

Law enforcement monitors the movement of funds to the accounts of the company, and from the company to other contractors. And then go to court with long lists of different legal entities and their accounts for arrest, attributing to each enterprise involvement in the theft of funds or their subsequent legalization for cash<\/strong>.\u00a0<\/span><\/p>

Therefore, if your company appears somewhere in this chain, even as a result of the normal execution of contracts, the court may take the side of the investigator and seize the accounts without checking the real grounds for this. When the court decision reaches the bank, the accounts will be blocked immediately and the company's activities will actually be stopped. Next we will analyze how to act in such a situation.<\/strong><\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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How to lift the seizure from the company's accounts?<\/b><\/span><\/h4>

Neither the investigator nor the prosecutor has the right to seize the accounts on their own. To do this, they go to court. Accordingly, the arrest can be lifted only in court.<\/span><\/p>

\u2705 Get acquainted with the court decision and case materials<\/strong>. To begin with, you need to get a court decision. Sometimes a representative of the company is summoned to a court hearing, where the investigator's request to seize the accounts is resolved. After the hearing, you will receive a court decision, as well as be able to review the case file.\u00a0\u00a0<\/span><\/span><\/p>

But in practice this happens rarely and you will have to find out the details of the court decision from the bank that serves the company. Then it is necessary to get acquainted with the decision and materials of the case in court.\u00a0<\/span><\/p>

\u2705 Apply to the court to lift the arrest<\/strong>.<\/strong> From the court decision and materials you can find out what the court was guided by during the arrest. These are usually general phrases that the company may be involved in a crime, as well as reprints of articles of the Criminal Procedure Code on the seizure of property.<\/span><\/span><\/p>

The preparation of the petition must be approached thoroughly and provide the maximum number of arguments to refute the assumptions of the investigator.<\/span><\/p>

What arguments should be used in court?\u00a0<\/i><\/strong><\/span><\/p>