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Publication date: 03.04.2024
lawyer, 23 years of experience in enforcement.
The war in the country definitely affected all spheres of citizens' lives and did not bypass any category of the population. Both in peacetime and especially in current realities, children need special attention and care, additional guarantees for the protection of their rights and legitimate interests, while it is also necessary to understand that parents who have to pay alimony also have rights protected by the current legislation.
Article 73 of the Law of Ukraine "On Executive Proceedings" establishes a list of payments for which recovery is not applied, but unfortunately, faced with the present, executors sometimes allow such violations and recovery is applied for such funds.
Here is a detailed list of funds that are not allowed to be levied by the current legislation:
- severance pay, which is paid in case of dismissal of an employee;
- compensation to the employee for expenses in connection with the transfer, assignment to another location or business trip;
- field support, salary allowances, other funds paid instead of per diem and apartment allowance;
-material assistance to persons who have lost the right to unemployment assistance;
- assistance in connection with pregnancy and childbirth;
- one-time assistance in connection with the birth of a child;
- assistance in adopting a child;
- allowance for children under guardianship or guardianship;
- child support for single mothers;
- assistance to persons engaged in the care of three or more children under the age of 16, for the care of a child with a disability, for temporary incapacity for work in connection with the care of a sick child, as well as for other child support provided for by law;
- assistance for treatment;
- funeral assistance;
-monthly monetary assistance in connection with the restriction of consumption of locally produced food products and personal auxiliary economy of citizens living in the territory that has undergone radioactive contamination;
subsidies for lunches, purchase of tickets to sanatoriums and holiday homes at the expense of the consumption fund;
- in the amount of the non-taxable amount of material assistance;
- monetary compensation for issued uniforms and in-kind supplies;
- severance pay in case of dismissal (retirement) from military service, police service, and the State Criminal Enforcement Service of Ukraine, as well as cash support that is not of a permanent nature, and in other cases provided for by law;
-one-time cash assistance in case of death (death), disability or partial loss of working capacity without establishing the disability of servicemen, conscripts and reservists who are called up for training (or inspection) and special meetings or to serve in the military reserve;
- monetary assistance related to the free provision of prosthetics (orthosis) to a participant in an anti-terrorist operation, a participant in the implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation in the Donetsk and Luhansk regions, who have lost the functional capabilities of their limbs, charitable assistance, received by the specified persons, regardless of its size and source of origin.
In the event that you have been seized or levied on such funds, it makes sense to contact an appropriate specialist in the field of law in order to challenge the actions of government authorities and remove the seizure from the accounts, as well as to try pre-trial settlement of disputes, or to go to court for restoration rights
