Publication date: 07.06.2024
lawyer, 23 years of experience in enforcement.
Determination of the debtor's current account for spending transactions.
The Law of Ukraine "On Amendments to Certain Laws of Ukraine Regarding Other Bodies During Martial Law" dated 04/11/2022 No. 3048-IX (widely known as Law No. 3048-IX) was renewed on 05/06/2023 as a result of resolutions on the seizure of debtors' funds.
In addition, the Decree of the President of Ukraine on the introduction of martial law in Ukraine dated February 24, 2022 initiated the Legislation for a limited period, until the termination or cancellation of martial law in Ukraine. 64/2022, provided for as a means of payment for debtors (exclusively natural persons), whose funds have been seized by the executor, these transactions may be carried out within a period of time not exceeding two months, during which no more than two sums of the minimum wage are spent in accordance with the Law on the State Budget of Ukraine on January 1 of the current calendar year, together with the payment of taxes, fees, and participation in transactions carried out in accordance with the established procedure.
In case of seizure of funds related to several current accounts of the debtor in one bank or several current accounts in different banks, as well as in the presence of several enforcement proceedings against one natural person, only one of the debtor's current accounts must be determined for all proceedings, which have a financial component, this will be the only way of carrying out financial transactions related to debt.
In addition, the number of criminal proceedings does not affect the size of the amount that is not subject to recovery and the maximum amount that the debtor can spend.
To determine a current account in the bank, the debtor must contact a state body or a private tutor, the latter imposes a seizure on funds, these are accounts for determining the current account in the bank for operations related to expenses. . In this account, the current account number and bank name are specific to the account.
The application can be submitted both in paper form (by hand or by mail) and in electronic form in accordance with the requirements of the Law of Ukraine "On Electronic Documents and Electronic Document Management", this law states that an electronic document can be used to identify the author of the signature of an electronic document.
Transmission and sending of electronic documents is carried out by the author or an intermediary in electronic form using a computer, e-mail or a document management system, or by sending electronic media that document the content of the document.
Some requirements regarding the procedure for submitting an application for a bank current account are not included, but the general rules allow for additional clarifications, in particular: the name of the public authority or private contractor submitting the application; surname, first name and patronymic of the applicant; the applicant's place of residence or work, as well as his e-mail address (if available); date and signature.
Please note that the debtor is responsible for the accuracy of the information provided in the application.
Within two days from the moment of receiving the relevant application from the debtor, the executor issues a resolution regarding the current accounting of the said debt. After that, a spending transaction should take place from the current account of the corresponding debt. The decision must be issued no later than the next day.
- delivers or serves the bank (servicing bank) of the requested resolution;
- ensures the proper opening of other legal proceedings regarding the debt, and in case of opening additional legal proceedings regarding the debt, sends the relevant resolution to the state services or a private lawyer who executes the resolution. At the same time, the settlement account specified in the relevant resolution is considered to be an account designated for conducting operations, which are used to carry out expenses that belong to the authority of this executive authority.
Termination of execution of executive actions or procedures aimed at payment of expenses of current assets or liabilities is not an acceptable reason for refusal to define a current account for purposes of making expenses.
In the event that the executor of the resolution on determining the current account of the debtor for operations related to the implementation of expenses, the bank carries out these operations on the account specified in the resolution, for the amount of funds in the specified amount, i.e., the collection of this amount will not take place on this account.
Please note that the seizure of funds is not removed, instead, after opening a current account for spending transactions, individuals who have debts will be able to use up to two months of salary per month (from January 1, 2024 - UAH 16,000), and the excess funds will be written off executor This legal provision will be legitimate only for the duration of martial law, after the end of martial law, the possession of funds will return properly.
Considering this and to avoid unpleasant consequences, at this time it would be advisable to contact a specialist, with the help of which you can solve the debt problem and remove the seizure from the accounts. At the moment, even if the total debt is significant, our specialists will participate in creating a compromise with debtors and a contract with debtors.
The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of amicable settlement with the creditor, Protection from collections, Arrest for inviolability, removal of seizure from real estate and funds, Removal of attachment from real estate, bankruptcy of an individual, debt reduction, etc.
