Blocking of evaders' accounts: how to appeal and why some TCC fines are illegal - Legal support
Approximately 6 million Ukrainian men who have violated the mobilization legislation may face heavy fines and blocking of their accounts. We will explain how blocking occurs, what to do if there are no funds in the accounts, and why some fines from TCCs are illegal and therefore can be appealed.
Fines for 6 million people
July 16 is the deadline for updating military registration data. At this point, 4.2 million of the 11.1 million men who were subject to updating have updated their data. Currently, 6 million people may receive fines for failure to fulfill this obligation. Those who did not make it in time should update their data through the TCC, TsNAP or the Reserve+ application. In 2024, almost 12,000 fines have already been handed over for collection. Fines can be imposed both in the presence of the violator and in absentia, with possible blocking of bank accounts.
Fines will be charged from September
According to the new law, if a person has not updated his data, the TCC will first send a registered letter with a request to appear to update data and undergo a medical examination. If the person does not visit the TCC, the letter will be considered received after two weeks and will be returned to the TCC. This will be the basis for transferring the case to the police, who can carry out forced delivery of the offender to the TCC.
If it is not possible to deliver the person, the TCC can sue or impose a fine in absentia. In the case of an absentee hearing, the TCC will send a summons with the date and time of the court session, which may delay the process for another two weeks. Therefore, the first absentee fines are expected no earlier than mid-September.
Consequences of non-payment of the fine and the procedure for its recovery
If a person does not pay the fine imposed by the TCC or SP within the established period, the process of compulsory collection is started. According to the Code of Administrative Offenses, the resolution on the fine is transferred to the enforcement service, where enforcement proceedings are opened. The first step is to seize the debtor's bank accounts.
The recovery process begins with the seizure of the debtor's accounts, which limits access to one's own funds. All accounts are blocked, including social and salary accounts. To remove a garnishment from an account used to receive a salary or pension, you must provide documents confirming the special status of the account.
Executive service works without delay, quickly blocking accounts and debiting money. Until the moment of unblocking, a person can spend no more than UAH 13.4 thousand per month from the seized account, as well as make donations and pay taxes. If multiple accounts are seized, a person can choose one for spending.
In case of seizure of the salary card, it is necessary to provide a certificate from the employer with account details for crediting the salary. The executor may also request an account statement to verify the intended purpose of the proceeds. The law allows the deduction of up to 20% of the debtor's earnings to repay the fine.
Is it possible to appeal?
It is impossible to appeal the blocking of the account, as the Code of Administrative Offenses provides for 10 days to appeal the decision on administrative responsibility from the moment it is issued. If this deadline is missed, an additional application must be submitted with justification of the reasons for the delay.
Once the trial has begun, the enforcement will be suspended pending a final decision. If the court approves the claim, the fine is cancelled. Otherwise, the person will receive executive proceedings with blocking of accounts, which will complicate further appeals.
Court practice is often positive, as TCC resolutions may contain violations or be issued without proper grounds. Penalties for failure to update data may be deemed illegal, as the Ministry of Defense has access to all necessary registries.
Consultation of a lawyer on military law in Kyiv
Bank account freezes and fines for military record violations can cause serious difficulties, but with the right legal support, they can be challenged. If the account is blocked, you must act within 10 days to appeal the decision on administrative responsibility, otherwise you risk losing the opportunity to appeal. It is important to know that some TCC fines may be illegal due to violations of the law or errors in documents. A military law lawyer in Kyiv can help with an appeal, prepare the necessary documents and protect your rights in court.
Legal analysis of the situation
Legal analysis is a key step in protecting your rights. The lawyer carefully checks all documents, contracts and other case materials to identify violations by creditors and find the most effective ways to protect your interests.
Current questions - answers
Questions
What are the rights of a person whose accounts are blocked due to evasion of military registration?
Answer
A person has the right to appeal the blocking of accounts in court. Before filing a complaint, it is important to check the correctness and legality of the imposition of a fine. Account blocking may be appealed due to procedural violations or errors in documentation.
Questions
How can you appeal account blocking?
Answer
The appeal begins with the submission of an application to the court within 10 days from the moment of receipt of the decision on the fine. In case of missing the deadlines, it is necessary to submit an additional statement explaining the reasons for the delay.
Questions
What to do if it was not possible to file a lawsuit in a timely manner?
Answer
If the appeal deadline was missed, submit an additional statement to the court justifying the reasons for the delay. The court can suspend the collection of the fine until the final decision.
Cooperation with legal marketplace 'Consultant'
Our lawyers are ready to provide professional support in solving your financial issues and protecting your rights. Contact us for a consultation and we will help you find the best solution for your situation. Legal marketplace "Consultant" provides quality services and an individual approach to each client.
Having bank accounts blocked due to military records violations can be a serious problem, but with the right legal support, the situation can be resolved. It is important to know that 10 days are allotted for appealing the blocking of accounts after the ruling on administrative liability. If the deadlines are missed, you can submit an additional statement justifying the reasons for the delay. Case law shows that some fines from TCCs may be illegal due to violations of procedures or errors in documents. A military law lawyer in Kyiv will help you appeal against unlawful fines, prepare the necessary documents and ensure the protection of your rights. Legal marketplace "Consultant" is ready to provide highly qualified assistance and ensure an individual approach to each client.
