Publication date: 11.06.2024
active and purposeful military lawyer with more than 4 years of experience
The removal of the seizure from bank accounts can be carried out in accordance with the legislation and procedures that regulate executive proceedings.
The main grounds for removing the seizure from accounts include:
Completion of executive proceedings
Return of the executive document to the court that issued it.
Cancellation by the court of measures to secure a claim based on completed executive proceedings [1].
Receipt to the account of the state executive service body or the account of a private executor of the sum of funds collected from the debtor, necessary to satisfy the demands of all debt collectors, collection of the enforcement fee, costs of enforcement proceedings and fines imposed on the debtor for completed enforcement proceedings
If, after the return of the executive document, it is established that the executive document is not subject to execution or the obligations imposed on the debtor by the executive document are subject to termination.
The procedure for removing the attachment from bank accounts is usually carried out by executive bodies or private executors. They issue a decision on the removal of the seizure, which is sent to the body, institution or official to whom the decision on the seizure of the debtor's property or funds was sent.
Please note that in case of martial law in Ukraine, there are special rules regarding the removal of seizure from bank accounts. According to the Law "On the Legal Regime of Martial Law", natural persons can carry out expenditure transactions from accounts whose funds have been seized by the state executive service bodies or private executors, if the amount of the recovery under the executive document does not exceed 100 thousand hryvnias.Legal entities - debtors can also carry out spending operations from accounts whose funds have been seized.
The removal of garnishments from bank accounts is an important issue, especially in martial law. In order to understand the procedure for removing the seizure from bank accounts, it is necessary to familiarize yourself with the relevant legislation and rules governing this process.
The main grounds for removing the seizure from bank accounts under martial law are determined by the Law "On the Legal Regime of Martial Law" and other normative legal acts. According to these norms, individuals and legal entities can carry out spending transactions from accounts whose funds have been seized by the state executive service bodies, private executors, provided that the amount of recovery under the executive document does not exceed 100 thousand hryvnias.
The procedure for removing the seizure from bank accounts under martial law may include the following steps:
Obtaining an enforcement document: Seizure of the debtor's funds is imposed on the basis of the opening of enforcement proceedings, which is the final stage of court proceedings.
Submission of a declaration on the debtor's income and property: The executor issues a resolution on the opening of enforcement proceedings, in which he notes the debtor's obligation to submit a declaration on the debtor's income and property.
Enforcement actions and seizure: During enforcement actions, the executor takes coercive measures to implement decisions, which may include seizing the debtor's funds by passing a resolution on the seizure of the debtor's funds held in bank accounts.Grounds for lifting the seizure: The grounds for lifting the seizure from the property (funds) of the debtor in enforcement proceedings may be the end of the enforcement proceedings, the return of the enforcement document to the court, the cancellation by the court of measures to secure the claim, the receipt of the amount of funds collected from the debtor into the account of the Internal Revenue Service or a private executor , and other.
5. The removal of seizure from bank accounts is an important issue, especially in the conditions of martial law. Let's look at the procedure for removing the seizure from bank accounts and the legal basis for this.
The procedure for removing a seizure from a bank account:
Seizure of the debtor's funds is imposed on the basis of the opening of executive proceedings, which is the final stage of court proceedings.
The executor, who carries out the enforcement of court decisions, issues a resolution on the opening of enforcement proceedings and imposes a seizure on the debtor's funds, which are in bank accounts.
After the enforcement proceedings are over, the enforcement document is returned to the court or the court cancels the measures to secure the claim, the arrest can be lifted.
Legal grounds for removing the seizure from bank accounts:
Completion of executive proceedings.
Return of the executive document to the court that issued it.
Cancellation by the court of measures to secure the claim following the completed enforcement proceedings.
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