The Removal of the Seizure of Real Estate and Funds: Review of Judicial Practice

Judicial practice indicates the existence of cases of violation of the requirements of the law by state/private enforcement officers regarding the issue of removing the seizure of real estate and funds. As a result, this violates the property rights of citizens. The paper presents judicial practice on the consideration of civil cases on the removal of seizure from immovable property and funds, which is studied in three sections: 1) decisions of the courts of first instance; 2) decisions of the courts of appeal; 3) decisions of the court of cassation instance. A review of judicial practice shows that among the main reasons for citizens to go to court is the impossibility of owning and disposing of their property in connection with the existence of an unremoved (uncancelled) seizure of their property. Keywords: seizure of property, seizure of real property, removal (cancellation) removal of seizure from property, state/private executor, thing attached, state enforcement service, decision of the court of first instance, decision of the court of appeal, decision of the court of cassation, Supreme Court