Esquires has successfully reversed the seizure of immovable property on behalf of Entertainment Center of Sport, a hotel and entertainment complex with a total area of more than 3.500 square meters located in the suburbs of Kyiv.
According to Esquires, the firm was able to prove that “restrictions on property rights can have exceptional cases and pursue only a legitimate aim. Otherwise, any restrictions will lead to interference in the right of peaceable possession of their property." According to the firm, “the court agreed with [this] position and [held that the] longest possible duration [of a seizure] is limited to the time of the pre-trial investigation and/or trial before rendering the decision [that ends] the criminal proceedings. The validity of the seizure [after] the closure of criminal proceedings violates the rights of the owner.”
As a result, the seizure of said property was lifted.
Esquires’ team included Partner Opanas Karlin and Senior Associate Andrey Kravchuk.