Arrest of a land plot often becomes an unexpected problem for the owner, as it can completely block dealing with the land, economic activities, or preparation for a transaction. At the same time, such an arrest is not unconditional and can be canceled in many cases. This information is provided by the State Land Cadastre of Ukraine, as reported by agronews.ua.
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Arrest of a land plot is a legal encumbrance that (depending on the procedure) can:
– prohibit alienation or disposal of the plot (and sometimes its use);
– block registration actions in the State Register of Rights to Real Property;
– in enforcement proceedings, be a stage before property realization;
– in criminal proceedings, ensure the preservation of material evidence, confiscation, or special confiscation.
It is critically important to first clarify in which specific procedure the arrest has been imposed. This determines the appealing authority or court, the deadlines, and the legal arguments.
Three “sources” of land arrest (and how to distinguish them)
1.1. Arrest as a Security Measure
(civil / commercial / administrative proceedings)
This is a procedural measure that the court applies to prevent a situation where the decision would be impossible or too difficult to enforce.
In civil proceedings, arrest is directly provided among the types of security measures (in particular, “imposition of arrest on property”) in the chapter on securing claims of the Civil Procedure Code of Ukraine.
In commercial proceedings – similarly: the court can take security measures, including property arrest, under the rules of the Commercial Procedure Code of Ukraine.
In administrative proceedings, there is a separate institution for securing claims (Administrative Court of Ukraine).
1.2. Arrest in Enforcement Proceedings
(state or private bailiff)
This is an enforcement action regarding the debtor’s property to ensure the real enforcement of the decision. The basic norm is the Law of Ukraine “On Enforcement Proceedings,” in particular the provision on the arrest of the debtor’s property.
1.3. Arrest in Criminal Proceedings
(investigative judge)
This is a measure to secure criminal proceedings. The procedure for imposing and canceling the arrest is regulated by the Criminal Procedure Code of Ukraine (articles on property arrest and its cancellation).
When the arrest of a land plot is “lawful”: key criteria
Regardless of the procedure, courts assess the connection between:
– the purpose of the arrest;
– the subject of the dispute or proceedings;
– real risks.
2.1. Judicial Security of Claims: “connection + proportionality + risk”
The Grand Chamber of the Supreme Court in the ruling of 24.04.2024 in case No. 754/5683/22 (proceedings No. 14-28цс23) formulated an important guideline: arrest as a security measure is possible even in non-property disputes if it corresponds to the purpose of security and is proportionate to the circumstances of the case.
In commercial jurisdiction, the Joint Chamber of the Cassation Court of the Supreme Court in rulings of 17.06.2022 in case No. 908/2382/21 and of 03.03.2023 in case No. 905/448/22 developed an approach to the standards of proving risks and the inadmissibility of an “unattainable” standard of proof for the applicant.
For land disputes, proportionality is most often violated when the arrest effectively paralyzes economic activities or land use without proven risks of alienation or change in legal status.
How to Challenge an Arrest: Algorithm “from Quick to Strategic”
Step 1. Obtain the “passport of arrest”
Information certificate from the State Register of Rights to Real Property: who imposed the arrest, date, number, document basis.
The document basis itself: court ruling on securing the claim; bailiff’s order; investigative judge’s ruling.
Check the existence and content of the decision in the State Register of Rights to Real Property (if it is a court decision).
Challenging Arrest as Security of Claims
(civil / commercial proceedings)
4.1. Two Parallel Instruments
Appeal of the ruling on securing the claim (subject to compliance with deadlines and procedural opportunity).
Motion to cancel security measures (the mechanism is directly provided in the Civil Procedure Code and Commercial Procedure Code of Ukraine).
Tactics: a motion to cancel often yields faster results than waiting for an appeal hearing if the absence of risks or the disproportionality of the arrest can be proven.
4.2. “Strong” Arguments for Cancellation
Lack of connection between the subject of the dispute and the arrest of this particular land plot.
Disproportionality of the measure: non-property claims, while the arrest blocks full land use without proven risks.
No longer need for arrest due to changed circumstances.
Procedural violations or lack of proper motivation in the ruling.
Challenging Arrest in Enforcement Proceedings
Typical grounds for lifting the arrest:
– the decision has been enforced or the proceedings have been completed;
– the arrest was imposed on property not belonging to the debtor;
– significant procedural violations occurred.
A complaint is filed against the decision, actions, or inaction of the bailiff in the manner provided by the Law of Ukraine “On Enforcement Proceedings.”
Challenging Arrest in Criminal Proceedings
The basic tool is a motion to cancel the arrest of property.
Key arguments:
– no longer need for the arrest;
– the arrest was imposed unjustifiably.
The Grand Chamber of the Supreme Court in the ruling of 05.10.2021 in case No. 910/18647/19 formulated important guidelines on handling arrested land plots and protecting the owner’s rights.
What to Include in the Statement or Complaint
Documents confirming the right to the plot.
Document basis of the arrest and evidence of when it became known.
Justification of the disproportionality of the arrest.
Proposal for an alternative measure.
Reference to relevant case law of the Supreme Court.
Conclusion
Arrest of a land plot is not a sentence, but not a formality either. The success of challenging it depends on whether:
– the procedure for imposing the arrest was correctly determined;
– the absence of risks or the disproportionality of restrictions is proven;
– a legal alternative without excessive interference with property rights is proposed.
For individual consultation, contact by phone: +38 (067) 405 69 55 or email: [email protected].