"Let's back to the legal track." Arrest of property

People are thrown behind bars for going out into the streets, and lawyers are deprived of their licenses for doing their job. Legal default continues in Belarus. Marina Nikandrina, a lawyer of  "A Country to Live in" fund, talks about how to protect your rights in the conditions of modern Belarus, where "sometimes there is no time for laws." Not the fact that this will help, but it is definitely worth reading. Today we will talk about the seizure of property.

The property seizure can be imposed to compensate the damages and to execute the court decision.

The property seizure is imposed in the amount necessary to compensate the damages. For example, an expensive car can’t be seized to repay a small fine.

The property seizure may be imposed by
  • the body of initial inquiry or authority in charge of an administrative process
  • investigator
  • prosecutor
  • court
  • officer of the court (executor).

The property seizure may be imposed on the following
  • personal items
  • money (cash or non-cash)
  • bonds
  • intellectual property rights
  • property rights.

The property seizure can’t be imposed on the following:
  • the only house or apartment
  • household items or clothes necessary for everyday life
  • pets or cattle, their food
  • vehicles of disabled people
  • food
  • kids‘ toys
  • professional equipment (for example, a computer shouldn’t be seized from an IT-specialist).

The property inventory is recorded in the presence of the owner and the witnesses. If the owner is not available, the document is recorded by family members or local authorities representatives.

The acts of seizure should indicate: 
  • the place and the time of the record
  • the data of all who presented, while recording the act
  • the name of the court or another authority, which imposed the property seizure
  • the name of each item to be sized, including its characteristics (size, weight)
  • the property condition and its value
  • the data of an individual or an organisation where the property will be stored
  • the information regarding the appealing process
  • the signatures of all who presented at the recording of the acts of seizure.

If your property was at the other person's use and was seized, or someone else’s property was seized from you, such property should be released from arrest as soon as the ownership evidence is provided.

The property seizure can be appealed in court. The seized property may be released if the damages were compensated or based on the court decision declaring the property seizure's illegality.

A cell phone is often seized during administrative detention. Police officers have legal rights to do that. Like any other seized items, a seized cell phone can be stored at the police office until the administrative case enters into force. If a cell phone or any other item were seized, it would be stored at the police office till the court order is executed (the fine is repaid or the sentence was served).

The property is seized to secure the execution of the decision in the administrative case. The property seizure is carried out by delivery of the ruling and recording of the inventory protocol. If a fine was imposed on returning the seized cell phone, it is necessary to repay the fine and confirm the police office. If the seized cell phone belongs to another person, the cell phone owner should provide the document confirming his ownership (for example, loan contract, warranty, receipt).

Dear Belarusians, no matter how shadowy our victory seems now, do not let yourself get discouraged. Chin up and remember, the victory is close.

Long live Belarus!

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