The Ministry of Justice of Ukraine explained that enforcement proceedings ensure the execution of court decisions while simultaneously guaranteeing the protection of basic human rights. The law establishes a list of property that is not subject to seizure even in the presence of debt, as well as additional restrictions that apply under martial law, UNN reports.
Enforcement proceedings are aimed at executing court decisions. However, at the same time, there are clear boundaries regarding a person's property, which remains inviolable under any circumstances
The list of property not subject to seizure includes, in particular:
- essential items (clothing, footwear, bedding, hygiene products);
- medicines and necessary medical supplies;
- minimum required furniture and household appliances;
- food and water (or funds for them);
- property that is the sole source of income;
- fuel for heating and cooking;
- certain types of agricultural property;
- state awards and distinctions.
It is noted that this list guarantees that even in the event of debt recovery, a person retains basic living conditions.
Restrictions in effect during martial law.
Additional restrictions are aimed at supporting citizens:
- funds are not collected from pensions and scholarships (except for certain categories of decisions);
- a portion of funds from a frozen account can be used — up to two minimum wages per month;
- for small debts, recovery is not sought against the sole residence;
- a moratorium on the alienation of mortgages for certain loans is in effect;
- in cases regarding utility debts in occupied territories and in communities where active hostilities are taking place, the lifting of property seizures and removal from the Register of Debtors is provided for;
It is emphasized that these rules are temporary and apply during the period of martial law.
The latest changes provided by the Law of Ukraine No. 4833-IX combine the digitalization of procedures with the strengthening of social guarantees:
- banks are being connected to the automated system of enforcement proceedings;
- seizures can be lifted automatically after the debt is repaid;
- data exchange between registers is facilitated;
- protection for military personnel is strengthened — their sole residence is not subject to recovery during martial law and for one year after its cancellation;
- the debt threshold for recovery against the sole residence has been increased to 50 minimum wages (previously 20).
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