Notice of freezing and confiscation orders in accordance with the Regulation (UE) 2018/1805
Part 1. Registry requirements
1. What is the procedure to lodge or present these judicial orders in the Land Register? Particularly electronic.
Freezing orders in the Lithuanian legal system are understood as ‘temporary protection measures’.There are two types of temporary protection measures in Lithuania:
- Seizure;
- Other temporary protection measures.
The Register of Property Seizure Acts via electronic means of communication submits the notice on the seizure of real property to the Real Property Register (the notice is generated automatically ant sent through the interaction between the registers, the notice is not signed with any signature).
The document on the basis of which other temporary protection measures are applied to real property is submitted to the Real Property Register by the court applying these measures (special means of electronic communication are not used for this purpose).
2. Possibility of registering these orders in the event that who appears as the owner of a property according to the land registry («A») is a different person from the defendant (or person «B») who is issued a freezing or confiscation order against
In the Republic of Lithuania, only institutions authorized by the state can apply temporary protection measures. The Real Property Register does not perform any additional checks; the registration is performed according to the data in the received document. The legal fact about the temporary protection measures applied by state authorized institutions is registered in the Real Property Register if real property to which these measures are applied is registered in this Register.
3. Type and duration of the registration of these orders
- A freezing order and a confiscation order are considered different; each one of them leads to a different registration or notice.
- A freezing order can only lead to provisional or temporary registrations.
- A confiscation order can only lead to provisional or temporary registrations.
- In these cases, the judicial orders corresponding to opening procedures lead to a provisional or temporary registration.
Part 2. Registry effects
1. Effects of the freezing order once registered
- Third party notice.
- Possibility of initiating a forced sale of the property.
- Possibility of initiating property auctions.
2. Effects of the confiscation order once registered
- Third party notice
- Other effects: Confiscated real property is registered in the name of the state at the request of an authorized state institution.
3. What is the registry proceeding and moment in which the opening procedures of freezing or confiscation are applied for registration?
Law of the Republic of Lithuania on Mutual Recognition and Enforcement of Judgements of European Union Member States in Criminal Matters stipulates the recognition and enforcement of property seizure acts of the European Union Member States of in the Republic of Lithuania and issuance of property seizure certificates according to Regulation (EU) 2018/1805 and recognition and enforcement of decisions of courts of the European Union Member States to confiscate property in the Republic of Lithuania and transfer of decisions to confiscate property accepted in the Republic of Lithuania for execution to other the European Union Member States according to Regulation (EU) 2018/1805.
Recognition and execution of the property seizure act of the European Union Member State of in the Republic of Lithuania. A property seizure act issued by the competent authority of another European Union Member State and transmitted to the Republic of Lithuania for the execution and a certificate of the property seizure act translated into Lithuanian in the Republic of Lithuania, is recognised by making a notation (resolution) by the prosecutor. The prosecutor may refuse to recognise the property seizure act by making a decision.
Recognition and enforcement of decisions of courts of the European Union Member States to confiscate property in the Republic of Lithuania. A decision of the court of the European Union Member State to confiscate property and the certificate translated into Lithuanian shall be recognised by the district court located in the place of residence of the natural person who has property subject to the decision on the confiscation of property, or located in the place of the registered office of legal entity that has property subject to the decision on the confiscation of property. In cases where the natural person who has property subject to the decision on the confiscation of property does not have the place of residence in the Republic of Lithuania, or the legal entity who has property subject to the decision on the confiscation of property does not have its registered office in the Republic of Lithuania, the decision of the court of the European Union Member State to confiscate property shall be recognised by the district court at the location of property or at the location of the main part of property to be confiscated.
After receiving the decision of the court of the European Union Member State to confiscate property, the district court holds a hearing within seven days from the date of receipt of the decision. The court summons the person who has property subject to the decision of the court of the European Union Member State on the confiscation of property, his/her defence lawyer, a representative of legal entity, the prosecutor and other interested persons to this hearing. However, the failure of these persons to appear at the hearing does not suspend the proceedings. Examination of the issue begins with the announcement of the chairman of the meeting. After that, the court listens to the persons who came to the hearing and passes a ruling to recognise the decision of the court of the European Union Member State on the confiscation of property or a ruling to refuse the recognition of the decision on the confiscation of property. These rulings are made by the court in a deliberation room.
4. What are the executing authorities of these orders in this national system and what is the role of the land registers?
When the prosecutor recognises the property seizure act, it has to be registered in the Register of Property Seizure Acts of Lithuania like all acts with no international element (there are no extraordinary procedures for the registration with reference to the Regulation 1805/2018). The data providers to the Register of Property Seizure Acts in Lithuania can be only Lithuanian institutions or officials and rulings passed by them make legal basis for the registration. The property seizure act is registered in the Register of Property Seizure Acts no later than within 8 working hours from the date the property seizure act is received. If the seized property is an object related to real property – a real property object or a property right to it, the data processor of the Register of Property Seizure Acts notifies the Real Property Register of the registration of the ruling/property seizure act, then the data processor of the Real Property Register registers a legal fact of seizure in the Real Property Register.
Part 3. National land registry experience
Temporary protection measures can be applied in both civil and criminal cases. Asset confiscation applies only in criminal cases.
