Pechersk District Court of Kyiv
42-A Khreshchatyk St., Kyiv, 01001.
Plaintiff
Ivanov Sergiy Andriyovych, residing in. 01033, Kyiv, 2 Mechnykova St., apartment 12.
т. 322-23-22
e-mail: 093-12345678
Respondent
Department of the State Enforcement Service of the Pechersk District Department of Justice in Kyiv
11-b Riznytska St., Kyiv, 01011
(044) 280-81-03, 280-79-17, 280-96-17
e-mail is unknown
Third party
Sixth Kyiv State Notary Office in Kyiv
01021, 13-a Instytutska str;
253-80-79, 253-17-17, 253-81-03
e-mail unknown
Statement of claim
FOR LIFTING THE ARREST
At the beginning of August 2023, I learned that apartment No. 12 in house No. 2 on Mechnikova Street in Kyiv was seized. The apartment belonging to me was seized by the Resolution of the State Enforcement Officer Petrenko Y.M. of the State Enforcement Department in the Pechersk District of Kyiv, "On the seizure of the debtor's property and the announcement of a ban on its alienation" of February 20, 2006.
On 23.02.2006, the Sixth Kyiv State Notary Office of Kyiv made an entry in the Unified Register of Prohibitions on Alienation of Real Property under No. 28006380.
According to the seizure order, the seizure was imposed on all the property of the debtor AUTOBRAND LLC, to which I have nothing to do. The debtor is not and has never been the owner of this apartment.
The seized apartment belongs to me on the basis of the contract of sale of the apartment, certified by Shevchenko O.Y., a private notary of the Kyiv City Notary District on October 21, 2001, registration No. 5555 and registered in the BTI of Kyiv. Kyiv on October 28, 2001, registration number 3000.
I believe that the actions of the State Enforcement Officer are illegal and violate my legally protected interests as a property owner.
According to the provisions of Article 317. 317 of the Civil Code of Ukraine, the owner has the right to own, use and dispose of his property.
Pursuant to the provisions of Part 1 of Article 319 of the Civil Code of Ukraine, the owner owns, uses and disposes of his/her property at his/her own discretion.
Pursuant to the provisions of Part 2 of Article 319 of the Civil Code of Ukraine, the Owner has the right to perform any actions with respect to its property that do not contradict the law.
Thus, the imposition of the arrest and the corresponding entry in the Unified Register of Prohibitions on the Alienation of Real Property restricts my legal rights as the owner of the apartment to freely dispose of my property: it makes it impossible to conclude contracts of alienation, lease, etc. of the apartment I own.
According to Article 60 of the Law of Ukraine "On Enforcement Proceedings", a person who believes that the property seized belongs to him or her and not to the debtor may file a lawsuit to the court to recognize the ownership of this property and to lift the seizure.
Part 2 of Article 60 of this Law states that if a decision is made to lift the seizure of property, the seizure of property is lifted by a resolution of the state enforcement officer no later than the next day after he or she becomes aware of such circumstances.
Guided by Articles 317, 319 of the Civil Code of Ukraine and Articles 10, 11, 60, 212-215 of the Civil Procedure Code of Ukraine, Article 60. of the Law of Ukraine "On Enforcement Proceedings",
PLEASE:
To lift the seizure of the apartment No. 12 in the house No. 2 on Mechnikova Street in Kyiv, imposed according to the Resolution of the State Enforcement Officer Petrenko Y.M. of the State Enforcement Department in the Pechersk District of Kyiv, "On the seizure of the debtor's property and the announcement of a ban on its alienation" of February 20, 2006.
Annexes:
Receipt of payment of the court fee.
A copy of the Resolution of the State Enforcement Officer Petrenko Y.M. of the State Enforcement Department in the Pechersk District of Kyiv "On the seizure of the debtor's property and the announcement of a ban on its alienation" dated February 20, 2006.
A notarized copy of the apartment sale and purchase agreement certified by Shevchenko O.Y., a private notary of the Kyiv City Notary District on October 21, 2001, registration No. 5555 and registered with the Kyiv BTI on October 28, 2001. Kyiv on October 28, 2001, registration No. 3000.
A copy of the extract from the Unified Register of Prohibitions on the Alienation of Real Estate.
December 22, 2023.
I.A. Ivanov