How to use a seized account during martial law

Seizure of funds in bank accounts is one of the mechanisms for the compulsory enforcement of decisions concerning a debtor. If a person does not comply with a decision voluntarily, a state or private enforcement officer may restrict their ability to dispose of their money and direct the funds toward repayment of the debt. At the same time, the law establishes a number of exceptions. For example,  during martial law, people are allowed to use a specified amount from one seized account.

What needs to be done to use such funds was determined by UNN.

When money in an account may be seized

To compulsorily collect money from the accounts of a person who owes a debt, the relevant authorities must initiate enforcement proceedings. The Law of Ukraine "On Enforcement Proceedings" provides for the compulsory enforcement of requirements set out in:

• writs of execution;
• court decisions;
• separate rulings and resolutions of courts, 
• other documents recognized by law as enforceable. 

This refers to a mechanism that may be applied to various types of debt after legal grounds for compulsory enforcement have arisen.

After enforcement proceedings are initiated, the enforcement officer sends inquiries to banks to determine what funds the debtor has. The debt will primarily be recovered from the person's funds in hryvnias and foreign currency. However, the financial seizure may also extend  to funds deposited into the accounts after the resolution is issued. 

In addition, the law provides for the possibility of seizing electronic money and other specified assets of the debtor. 

At the same time, only the amount of funds specified in the rulings of the relevant authorities may be recovered. However, it is worth emphasizing that this amount includes not only the "principal" of the debt. The person will also have to pay:

• the enforcement fee; 
• the costs of the enforcement proceedings; 
• fines;
• the basic remuneration of the private enforcement officer. 

All this applies only in cases provided for by law.

What funds cannot be recovered to repay a debt

The list of funds that the State Enforcement Service (SES) cannot recover from a person to pay a debt is established by law. These include  certain social and compensatory payments:

• maternity benefits;
• a one-time childbirth allowance;
• adoption assistance;
• payments for children placed under guardianship or custody, etc.

Certain employee compensations are also not subject to recovery, for example, those related to an official business trip or transfer to work in another area. The law separately prohibits the seizure of funds in accounts with a special-use regime and other accounts for which a direct prohibition on recovery has been established. If a bank receives a resolution to seize such an account, it must notify the enforcement officer of the relevant restrictions.

In practice, it is important for a debtor not to limit themselves to informing the bank that the money is of social origin. If payments protected by law have been seized, it is advisable to obtain supporting documents confirming the purpose and origin of the funds and submit them to the enforcement officer.

When the seizure must be lifted from an account

One of the main grounds for lifting the seizure from an account and unblocking it is the full fulfillment of the requirements of the enforcement document and payment of the amount necessary to satisfy the claimants' demands, the enforcement fee, the costs of the proceedings, and fines provided for by law.

In addition, the seizure of funds may be lifted if the SES receives information that the account has a special-use regime or that the funds in question are specifically funds whose recovery is prohibited by law. However, as we have already noted above, the SES / private enforcement officer must receive the relevant documents for this. In such a case, the seizure of the account must be lifted on the day following the day on which the relevant agency received these documents. 

The seizure of accounts may also be canceled if the enforcement officer violates the procedure itself. 

Please note: if a person considers the actions or inaction of an enforcement officer to be unlawful, they have the right to challenge them. In matters concerning the enforcement of a court decision, a complaint may be filed with the court that issued the enforcement document. Actions taken during the enforcement of decisions by other bodies may be challenged in an administrative court in accordance with the procedure established by law.

How much money can be used from an account under arrest during martial law 

Even if the State Enforcement Service has frozen funds because of debts, a person may continue to spend money, taking into account the martial law in the country. However, they will have to choose only one bank account for this purpose. In addition, taxes and fees may be paid from it, regardless of the fact that it is under arrest.

However, even such an account will be subject to a limit: each month, it will be possible to use an amount not exceeding two minimum wages established by the state budget law as of January 1 of the relevant year. Currently, this amounts to UAH 17,294. 

How to designate an account for expenditure transactions

The debtor must apply to the state or private enforcement officer handling the enforcement proceedings with a request to designate one current account. The application must specify the account number in the IBAN format and the name of the bank where it is held. After reviewing the application, the enforcement officer issues a resolution designating the current account for expenditure transactions. Once the bank receives this resolution, it allows transactions up to the amount established by law.

Please note: even if a person's accounts are frozen at several banks, only one of them may be designated for such transactions. The same rule applies if several enforcement proceedings have been opened against the debtor simultaneously: one current account is designated for all of them.

For example, having three enforcement proceedings does not mean that the debtor will receive three separate limits of UAH 17,294 each. The total available amount in 2026 remains capped at two minimum wages per month.

What to do if an account has been frozen

First of all, it is worth finding out who imposed the freeze and within which enforcement proceedings. The bank itself often provides this information in its mobile application. 

After that, the amount of the debt and the grounds for collection must be verified.

If the debt exists but the person needs access to money for everyday expenses, during martial law they may apply to the enforcement officer with a request to designate one account for expenditure transactions. If funds that may not be subject to collection by law have been frozen, it is necessary to obtain documents confirming their origin or the account's special status and submit them to the enforcement officer with a request to lift the freeze.

After the debt has been fully repaid, it is also worth checking whether the enforcement officer issued the relevant resolution and whether the bank received it.

Let us remind you

Earlier, the Ministry of Justice explained which property cannot be seized during enforcement proceedings.