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Publication date: 03.04.2024
lawyer, 23 years of experience in enforcement.
According to the Decree of the President of Ukraine No. 64/2022 of February 24, 2022, martial law was introduced in Ukraine in connection with the military aggression of the Russian Federation, which continues to operate today, in connection with which many citizens were mobilized and Protection of dignity.
In connection with the tense and difficult situation in the country, the number of court cases has increased, where the defendants are military personnel, but they are unable to appear for consideration of the court case, because most of them do not have information about such a court process, or simply physically do not have able to appear in court and take part in the court session. As a result, a court decision appears to bring the serviceman to justice and a fine is imposed, which is enforced by the state executive service, where the person changes his status from "defendant" to "debtor". After receiving such recovery, the bodies of the state executive service seize the funds and property of such debtors, and forcefully debit the funds from the accounts on which the military receives financial support, which is illegal, since only 20% of the total debts can be deducted from the income, but no more than 50% if alimony is charged.
To date, there are legislative norms of the current legislation that protect military personnel and allow them to at least wait until they are released from military service so that such a person has the opportunity to resolve their issues, but unfortunately, in most cases, neither the court nor the internal affairs bodies have almost no regard for these norms of the current legislation are paying attention by continuing to hold military personnel accountable and collect funds.
In accordance with Part 2 of Art. 251 of the Civil Procedure Code of Ukraine, even at the stage of the trial, the court is obliged to stop the proceedings in the case of the presence of a party or a third person who makes independent claims regarding the subject of the dispute, as part of the Armed Forces of Ukraine or other military formations formed in accordance with the law, transferred to martial law or involved in an anti-terrorist operation.
In accordance with Clause 1, Part 1, Art. 34 of the Administrative Code "On Enforcement Proceedings", the executor stops execution of enforcement actions in the event that the debtor completes term military service, military service upon conscription of officers, military service upon conscription during mobilization, for a special period, military service upon conscription during mobilization, for a special period of military service upon the conscription of reservists in a special period, or if the debtor is in military service and performs combat tasks of military service in a combat environment or in the area of an anti-terrorist operation, implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, if, according to the terms of service, it is impossible to carry out executive actions or at the request of the debt collector who is undergoing such military service.
I draw your attention to the fact that the suspension of executive proceedings in accordance with clause 1, part 1 of Art. 34 of the ZU "On Executive Proceedings", in the category of alimony recovery, it is not possible, since alimony is periodic payments that must be paid every month and, accordingly, they must be deducted from all the income of the alimony payer.
If a military serviceman finds himself in such a situation, it is advisable to contact a lawyer representation or an attorney who will conduct an analysis and help prepare appropriate statements and, if necessary, resolve the issue of removing the seizure from the debtor's accounts, lifting of arrest
