If necessary, a tax recovery, as well as to ensure the payment of any property damage is widely used arrest of property, which is to limit ownership. The arrest of property is imposed with the sanction of the prosecutor, tax or customs authorities.
The seizure of pledged property is used to ensure the possible confiscation of property, civil action, as well as taxes, fines, and other obligatory payments. Any property may be subject to arrest, except for basic necessities. In this case, the property may be left to the owner for safekeeping, and may be transferred for storage to third parties.
The seizure of property shall be imposed in the event that the taxpayer-organization fails to meet the obligations to pay fines, fines, taxes and, if there is reason to believe that the person will take or can take measures to hide the property, or hide himself. Arrest is imposed on the amount of property sufficient to pay off the debt. After paying off the debt, the seizure of the property is lifted. The seizure of IP property cannot be imposed, since the sanction applies only to organizations.
The seizure of property of the debtor may be either partial or complete. A full arrest is understood as a restriction of rights to property in which a person does not have the right to dispose of this property, and owns and uses it with permission and under the control of a customs or tax authority. In case of partial arrest, the owner may own, use and even dispose of the property, however, with permission and under the control of the customs or tax authority. Arrest can be imposed on all property belonging to the taxpayer organization. The decision on the arrest, as well as the place of subsequent storage of property, is made by the head (deputy) of the customs or tax authority, and it must be expressed in the form of a resolution. The property is seized in the presence of witnesses. A representative of a taxpayer organization, a specialist may also be present. Before the arrest, the officials who conduct them present a decision to the taxpayer organization to seize the property, as well as documents that confirm the authority. Then, all those present are explained their rights and obligations. After this, an inventory is made of the property with an indication of the quantity, name, individual characteristics, value. All information about the property is recorded in the protocol, or in the inventory attached to it. Witnesses present at the arrest are presented with all the property that is being described. No property seizure is permitted at night. It is carried out only in case of urgency.
Alienation of property that is being seized, its concealment and embezzlement are not allowed. In this case, the perpetrator may be held accountable in accordance with the law.
After the decision to seize the property is canceled within five days, the customs or tax authority sends a notification to the taxpayer.
The debtor whose property is seized is entitled to indicate the property that he asks to recover first of all. The order of recovery shall be determined by the official conducting the arrest. The debtor is obliged to provide information on his property, bank accounts and other organizations. If information is not provided, then it is requested from the tax authorities, banks and other credit organizations, based on the amount of debt. Tax authorities, banks and other credit organizations provide information up to seven days after receiving the request.