Removal of the arrest from the pension/salary account when a fine is imposed by the TCC

With the start of the full-scale invasion of Ukraine on February 24, 2022 and the introduction of martial law, the process of mobilization of citizens liable for military service acquired particular intensity. After more than two years of active hostilities, mobilization activities continue to intensify, which leads to an increase in the number of offenses related to military registration.

Territorial recruitment and social support centers (TSC) are increasingly imposing penalties for violations, including evasion of military registration, failure to appear when called by the TSC, failure to properly prepare military registration documents, and unauthorized change of place of residence during martial law.

Grounds for imposing fines by employees of TCC and SP

The Code of Ukraine on Administrative Offenses (KUoAP) clearly defines cases when TCC and SP have the right to impose administrative fines on citizens. These cases are limited to specific articles indicating:

1. liability of those liable for military service, conscripts and reservists, violation of military registration rules.
2. relate to violations of current legislation in the field of defense, mobilization preparation and mobilization.
3. applies in cases of loss, damage or careless storage of military registration documents. Such documents include a military ID, certificates of registration at a conscription station and temporary certificates issued to those liable for military service.

Important! The powers of TCC and SP employees to impose fines are limited only to the specified violations, therefore they do not have the right to bring citizens to administrative responsibility for any other offenses not provided for.

Consequences of failure to pay a fine and collection procedure

If a person does not pay the fine imposed by TCC and SP within the period established by law, a forced collection mechanism is triggered. According to the Code of Administrative Offenses, the decision to impose a fine is transferred to the executive service for subsequent collection.

The collection procedure begins with the opening of enforcement proceedings. The first step in this process is to seize the debtor's bank accounts.

Important! The law provides for the possibility of calculating up to 20% of the debtor’s earnings to pay off the fine.

Procedure for removing seizure from accounts

Ukrainian legislation does not contain the concepts of “salary” or “pension” account. Therefore, the executor can seize any account of the debtor.

To remove the seizure from an account used to receive wages or pensions, the debtor must provide the executor with documents confirming the special status of this account:

1. A certificate from the employer with account details for crediting salaries.
2. Certificate from the Pension Fund with account details for pension payments.
3. Certificate from the bank about opening a special account.

The Contractor may also request an account statement for the entire period of its validity to verify the intended purpose of the proceeds.

Actions of the debtor to lift the arrest

If a seizure is imposed on an account with a special regime of use, the debtor has the right:

1. Contact your bank for information about the reasons for blocking your account.
2. Collect the necessary documents confirming the special status of the account.
3. Present these documents to the executor with a request to lift the arrest.

When confirming the special status of the account, the executor is obliged to remove the arrest and inform the bank about it.

Legal assistance in resolving the issue

Have you encountered your account being frozen due to a fine from the TCC? Don't know what to do? A team of experienced lawyers at Prikhodko and Partners is ready to help! We specialize in effectively resolving issues related to military records and account seizures. Our experts:

• Promptly appeal against illegal fines
• They will professionally prepare documents to lift the arrest
• They will protect your interests before the TCC and the executive service

Do you still have questions? We are waiting for your preliminary consultation! To calculate the cost of a real estate specialist's services, fill out the form below.