Blocking accounts during martial law – is it legal and how to unblock?

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Blocking accounts during martial law – is it legal and how to unblock?

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With the beginning of a full-scale invasion of the territory of Ukraine, the issue of mass, groundless blocking of accounts of individuals by banks became acute. Many citizens were suddenly deprived of access to their own funds without proper explanations from financial institutions. Such a lack of clear explanations only increased the anxiety and confusion of citizens who found themselves in a difficult position due to the restriction of access to their financial assets. This problem has become an acute challenge in today's environment, where access to funds is vital to meet people's basic needs.

Legality of blocking

According to the current legislation of Ukraine, namely the law "On Executive Proceedings", executive services have the right to seize the bank accounts of debtors to enforce court decisions.

In other words, if a person has unfulfilled obligations under a court decision, the enforcement service can seize funds from his bank accounts to pay off these debts. This rule also applies during martial law.

Thus, the presence of unfulfilled debt obligations according to court decisions is a legal basis for banks to block customer accounts.

Grounds for blocking

The grounds for blocking bank accounts are:

  1. Debts and outstanding obligations. The most common reason for a block is that you have unpaid debts owed to the bank or other creditors, such as unpaid loans, unpaid child support, or unpaid fines. In this case, the bank has the right to seize the funds on the accounts to collect the debt.
  2. Doubtful financial transactions. The bank may block the account if it detects transactions that cause suspicion of possible money laundering, terrorist financing or other illegal activities related to the movement of money.
  3. Demand of law enforcement agencies. According to the resolution within the framework of the criminal case, the bank is obliged to block the client's account during the pre-trial investigation.

These grounds for blocking accounts are provided by applicable law and banking institutions must comply with them. But at the same time, it is important to ensure the transparency of the blocking procedure and protect the legal rights of customers.

How to unblock an account?

There are several ways to unblock a bank account, depending on the reason it was blocked.

  1. Debt repayment. If the account was seized due to an existing debt, then it is necessary to simply pay off this debt. After paying the due amount and providing the bank with a receipt, the arrest will be lifted.
  2. Challenging the arrest in court. If there are valid reasons to believe that the blocking of the account was illegal, you can challenge it by filing a lawsuit in court.
  3. Solving issues with law enforcement agencies. When the account is blocked at the request of the pre-trial investigation authorities, it is necessary to find out the reason by contacting the law enforcement authorities and try to eliminate the reasons for the blocking, for example, by providing evidence of the legal origin of the funds.

Legal assistance in account unblocking issues

If your bank account has been blocked, and you do not know how to proceed to unblock it, contact the law firm "Prykhodko and Partners".

Specialists will analyze your situation in detail, provide comprehensive advice on the reasons for the seizure of funds and the legality of the bank's actions. They will develop the optimal strategy for restoring access to the account - whether it is a pre-trial settlement with the bank, challenging the blocking in court, or taking measures with law enforcement agencies.

Get in touch, and experienced lawyers will definitely help you solve this problem.

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