Publication date: 22.04.2024
lawyer, 23 years of experience in enforcement.
During the period of martial law in Ukraine, a natural person - a debtor whose funds have been seized may apply to the state or private executor who has seized the funds of this person with an application to determine a bank current account for spending transactions in the amount of , which during one calendar month does not exceed 2 times the minimum wage established by the Law on the State Budget of Ukraine as of January 1 of the current calendar year (as of January 1, 2024 – UAH 16,000), excluding such arrest.
The application is submitted in writing or in electronic form to the official e-mail address of the state executive service body or private executor, which seized the debtor's funds, and must contain:
number of the current account of the natural person - the debtor in the bank (according to the IBAN standard), which must be determined in order to carry out expenditure transactions;
name of the bank where the current account is opened.
The executor, within two working days from the day of receiving such a statement, must issue a resolution on determining the current account of the natural person - the debtor in the bank for spending transactions (except for cases when such a resolution has already been issued by another executor).
In the case of seizure of funds placed on several current accounts of the debtor, including in different banks, as well as the presence of several executive proceedings against the debtor, one current account is determined for carrying out expenditure transactions.
During the review of the application, the executor checks the existence of open enforcement proceedings against the debtor with the help of ASVP (automated system of enforcement proceedings). If there are open enforcement proceedings against the debtor, before issuing a resolution on determining the debtor's current bank account for spending transactions, the executor must check the presence or absence of such a resolution in other enforcement proceedings.
Information about the debtor's current account with the bank, determined for carrying out expenditure transactions (including the number of the debtor's current account with the bank (according to the IBAN standard), the name of the bank in which the account is opened), is displayed in the generalized information about the debtor, which is generated in the automated system . If there is no information about the debtor in the summary, such information is verified by sending a request to the official e-mail address of the state executive service body or a private executor who is conducting open enforcement proceedings against the debtor to whom the relevant application was submitted.
The request is subject to immediate consideration, and the answer to it is sent to the official email address of the state executive service body or private executor.
The resolution on determining the current account of a natural person - the debtor in the bank for carrying out expenditure transactions is sent to the bank in which the current account of the debtor has been openly determined for carrying out expenditure transactions and to the body of the state executive service or to the private executor, whose enforcement proceedings against the debtor are pending, on official e-mail address no later than the next working day from the day it is issued.
The executor may refuse the debtor to determine a current bank account for spending transactions if:
the application for determining the current account does not contain the number of the debtor's current account with the bank (according to the IBAN standard), which must be determined to carry out expenditure transactions, or the name of the bank in which the current account is opened, or is not signed by an individual - the debtor;
it is established that the debtor has already established a current account with the bank for carrying out expenditure operations, except in cases where the debtor applies for a change in the current account for carrying out expenditure operations;
seizure of the debtor's funds was imposed during the execution of the court order on securing the claim;
enforcement proceedings in which the debtor's funds are seized have been terminated on the basis of Article 39 of the Law of Ukraine "On Enforcement Proceedings" or the enforcement document in these enforcement proceedings has been returned to the debt collector in accordance with Article 37 of the same Law;
the current account number specified in the application does not match the current account number contained in the enforcement proceedings.
The executor notifies the debtor in writing of the refusal to grant the debtor's application to determine a current bank account for spending transactions, by sending such a response by simple correspondence to the debtor's postal address or e-mail address, if it is indicated in the application.
The effect of the resolution on the determination of the current account of an individual - the debtor in the bank for spending transactions shall be terminated in the event of: cancellation of the resolution on the determination of the current account; determination of another current account in the bank for the debtor to carry out expenditure transactions; establishment of the fact of simultaneous effect of such resolutions; completion of executive proceedings in accordance with clauses 1, 3, part 1 of Article 37 of the Law “On enforcement proceedings”, removal of attachment from real estate, removal of attachment from accounts or cancellation of the resolution by which seizure was imposed.
To terminate the validity of the resolution on determining the current account, the executor issues a notice of termination of the resolution in the automated system. In the case of issuing such a notice, the debtor can again apply to the body of the state executive service, the private executor, which seized his funds, to determine the current bank account for spending transactions.
In case of suspension of the activities of the private executor, who has been seized of the debtor's funds, actions are taken by the private executor, who replaces the private executor whose activities have been stopped. In the event that the private executor who seized the debtor's funds, during the period of suspension of his activities, did not resolve the issue of his replacement by another private executor or did not provide the Ministry of Justice of Ukraine with information about such replacement, the department of enforcement of decisions of the department of enforcement of decisions, whose competence extends to the territory of the executive district of such a private executive.
In the event of termination of the state executive service body, which has seized the debtor's funds, actions are taken by the state executive of the state executive service body, which is the legal successor of the terminated state executive service body.
During this period, it will be advisable to contact the appropriate specialist for pre-trial settlement of disputes or preparation of a settlement agreement with a creditor.
