Clarification of practice in cases about removal of arrest from property of the Plenum by the Highest Specialized Court Of Ukraine
On the 3rd of June 2016, for the purpose of ensuring the correct and uniform application of the legislation by the courts when considering complaints about removing arrest of property, in accordance with article 36 of the Law of Ukraine “On judicial system and status of judges”, the Plenum of the Highest Specialized Court Of Ukraine for consideration of civil and criminal cases adopted a resolution «On judicial practice in cases about removal of arrest from property», which explains those provisions which are ambiguous and have different interpretations in the process of right application.
In the resolution of the Highest Specialized Court Of Ukraine the following issues were clarified for the courts:
– the methods of judicial protection were differentiated, namely: who and under what preconditions has the right to appeal with the claim about removal of arrest from property in adversary proceedings, and who has the right to appeal against actions of state executor or any other person (the investigator) while the procedure of arresting the property;
– controversial issues related to the application of the provisions of the Family and Civil codes concerning the ownership of the property on the right of joint ownership of family members and spouses, which is excluded from the description, and the size of the share of this property;
– illuminated the difference between seizure of property and inventory of the property and other contentious issues.
See the full text of the resolution on the official website of the Highest Specialized Court Of Ukraine, in the section “Resolutions in 2016”: