Publication date: 06.06.2024
How is the property of an evader seized?
President of Ukraine Volodymyr Zelenskyy signed Law No. 10379, which provides for fines for violations of military service, military duty and reservists.
A brief explanation of how asset confiscation works.
Violation of the rules of military registration is punishable by a fine of UAH 3.4 thousand to UAH 5.1 thousand.
For repeated violation or violation during a special period, a fine of UAH 17,000 to 25,500 is provided.According to the lawyer, first of all, the debtor's bank accounts (any accounts, current accounts, deposits, etc.) are seized.
Will my relatives' property be confiscated?
If the immovable/movable property belongs to the debtor's wife (she is the 100% owner), then this property will not be seized. This also applies to the bank account of the debtor's wife.
"The seizure is imposed only on the property belonging to the debtor, property and monetary value.
As a precautionary measure, the Ministry of Justice has published a list of things that cannot be taken from evading debtors.
Televisions, refrigerators, valuable prizes and trophies - if they are on the list, these items will never be taken away from a person who is avoiding a crime.
There are other objects that are 100% exempt from seizure.
The Ministry of Justice has published a list of 13 items that cannot be seized from complainants.
Even if the fine is not paid for violating the Law on Mobilization.
What "luxury items" can be confiscated according to the Bundeswehr's needs What cannot be confiscated from a plaintiff-debtor Ukrainian society is ready to pay tens of thousands of hryvnias for violating the Law on Mobilization?
In anticipation of large fines, there will be people who will be unable or unwilling to pay. This means that the number of debtors will increase significantly. Administrative authorities can impose fines on these people at the expense of state revenue. And enforcement can even extend to the debtor's property.
However, according to the press service of the Ministry of Justice, enforcement agencies do not have the right to take away everything the debtor has.
According to the Ministry of Justice, the following items are prohibited from being imported into the country:
- Items that meet daily physiological and hygienic needs (dishes, bedding, hygiene products).
- Personal items (clothing, footwear, all children's items).
- Medicines, glasses and other medical supplies.
- Furniture (one bed and chair per person, one table and one wardrobe per family).
- 1 refrigerator, 1 TV, 1 computer, and a cell phone per person.
- Provision of drinking water and food for personal consumption - a 3-month supply or the funds necessary to purchase them.
- Property and books necessary for the debtor to perform religious rites and ceremonies, as well as professional activities (if this is the only source of income).
- Fuel necessary for cooking daily meals and heating residential premises.
- Rehabilitation equipment that allows people with disabilities to compensate for or eliminate permanent limitations on their life activities.
- Prizes, state awards, medals of honor and commemorative medals.
Penalties for evaders As a reminder, Congress finally passed Bill 10379, which provides for stricter penalties for violating the rules of military registration.
Previously, violations of mobilization orders only required an administrative protocol and a small fine.
However, the fines for evaders are increasing significantly.
For example, a fine of 3,400 to 5,100 hryvnias is provided for violating the rules of military registration.
According to Oleksandr Bakumov, a representative of the Verkhovna Rada Committee on Law Enforcement, fines for persons liable for military service who, for example, repeatedly violate military registration or fail to update their data during a special period, will be further increased.
For violation of the Law on Defense and Mobilization in Peacetime by a person liable for military service, a fine of 5.1 thousand to 8.5 thousand furigans is imposed on citizens, and 17 thousand to 34 thousand furigans on officials and legal entities.
For violation of the Law of Ukraine "On Defense and Mobilization Activities": UAH 17 thousand to 25.5 thousand for citizens, UAH 34 thousand to 59.5 thousand for officials and legal entities.
At the same time, Oleksandr Fediyenko, a member of the Parliamentary Committee on Defense and representative of the National Service faction, believes that the increase in fines will not have the desired effect and will not contribute to mobilization.
It is worth noting that fines are determined by the courts. In case of late payments, information about the violator is transferred to the executive authorities, and the data about the violator is entered into the Unified Register of Debtors.
Property may also be confiscated and bank cards frozen.
In addition, a man who has received several fines for evading mobilization will be prosecuted later.This loud statement was made by a member of the Rada Committee on Defense, Oleksandr Fediyenko.In ad-dition, the new law on mobilization "provides for a court decision without appeal. "Fediyenko explained what this means.
As they say, the prospects are not particularly good.
Transport mobilization Remember that evaders are punished not only with fines. Those liable for military service who do not update their data in the TRS will be deprived of their driving license.
However, there are exceptions.
In addition, the Law on Mobilization provides for the confiscation of vehicles from citizens who own several vehicles in accordance with the needs of the Armed Forces.
However, the Rada assured that 90% of Ukrainians should not worry about these standards at all.The head of the Committee on National Security, Defense and Intelligence, Fedir Venislavsky, previously stated that there would be no mass confiscation of cars from civilians.The automobile mobilization program will require more trucks, specialized equipment and off-road vehicles.However, there is no final list yet, as the law only refers to "vehicles" and does not specify what exactly they are.
The Ministry of Defense explained how the auto dispatch center will work.MPs will have their cars taken away.The mobilization also applies to MPs.And key members of the Verkhovna Rada have parking spaces - God forbid. "The Law on Mobilization Preparation and Mobilization" does not explicitly prohibit govern-ment officials from taking their cars.Other regulations governing the status and activities of MPs also do not contain provisions banning the movement of vehicles.
Confiscation of property in favor of the Armed Forces In addition, the media and Telegram channels discuss other issues.
During the war, property can be forcibly confiscated for the needs of the armed forces of Ukraine, especially housing construction, and such decisions can be made by local military governments.
This is provided for by the Law of Ukraine "Legislation on Martial Law" regarding the seizure of property of the state, local governments, private enterprises, organizations and citizens of Ukraine in accordance with the needs of the Armed Forces of Ukraine.
Lawyers say that if it is state and municipal property, it will be confiscated without compensation.There are certain procedures and nuances between individuals.When confiscating property, an assessment must be made.This way, a person can receive a fair reward.Property can be confiscated from anyone in any region of Ukraine.If a person refuses to voluntarily give up property, the situation can go to court.In addition, according to lawyers, during full-scale wars, there have been cases of confiscation of state property in favor of the defense forces.
Thus, we can see that the amendments to the current law were adopted taking into account the changes in the requirements of the time and the martial law in Ukraine, as well as the fact that a legal analysis of the situation, analysis of documents and verification of documents by a lawyer and a legal opinion were conducted.
