Suspension of Enforcement Proceedings for a Servicemember

Suspension of Enforcement Proceedings for a Servicemember

Suspension of enforcement actions against a servicemember is possible in cases expressly provided by the Law of Ukraine “On Enforcement Proceedings.”

It is important to distinguish between several different legal mechanisms:

• suspension of enforcement actions due to military service;
• protection of a servicemember’s sole residence from enforcement;
• challenging specific unlawful actions of an enforcement officer;
• lifting arrests from bank accounts or property on other grounds provided by law.

The mere fact of mobilization or military service does not mean that every enforcement proceeding is automatically suspended.

To suspend enforcement actions, it is necessary to establish not only the fact of military service, but also whether the conditions of service make the relevant enforcement actions impossible.

When Enforcement Actions May Be Suspended Due to Military Service

Paragraph 1 of part one of Article 34 of the Law of Ukraine “On Enforcement Proceedings” provides for suspension of enforcement actions where the debtor is performing certain types of military service or combat duties and, due to the conditions of such service, enforcement actions cannot be carried out.

Such situations include, in particular:

• military service under mobilization during a special period;
• military service by conscripted officers;
• military service by reservists called up during a special period;
• performance of combat military duties under relevant conditions.

Therefore, the enforcement officer should be provided not only with information confirming military status, but also with documents confirming the circumstances of service and why enforcement actions cannot be carried out in the specific situation.

Is a Certificate of Military Service Enough?

Not always.

Current court practice proceeds from the position that, for paragraph 1 of part one of Article 34 to apply, a servicemember who is a debtor must prove not only the fact of military service, but also that the conditions of service make enforcement actions impossible.

Therefore, a simple certificate stating that a person “is performing military service” may be insufficient.

Depending on the circumstances, the following may be relevant:

• a certificate from the military unit;
• information about military service;
• documents confirming performance of combat or special duties;
• information about the place and conditions of service;
• other documents confirming the impossibility of participating in enforcement actions.

What Suspension of Enforcement Actions Actually Means

Suspension does not mean:

• write-off of the debt;
• cancellation of a court decision;
• forgiveness of a loan;
• automatic termination of enforcement proceedings.

It is a temporary suspension of the relevant actions of the enforcement officer for the period during which the legal grounds for suspension exist.

Once the circumstances that caused the suspension cease to exist, compulsory enforcement may be resumed in accordance with the procedure established by law.

Protection of a Servicemember’s Sole Residence in 2026

In 2026, legislation additionally strengthened protection for certain categories of servicemembers in enforcement proceedings.

During martial law and for one year after its termination or cancellation, enforcement may not be levied on the sole residence of a servicemember who belongs to a legally defined protected category and has submitted the required application.

The protection also applies to the land plot on which such sole residence is located.

Who Belongs to the Protected Category

Within this special mechanism, protected categories include servicemembers of:

• the Armed Forces of Ukraine;
• other military formations established in accordance with the laws of Ukraine;
• special-purpose law enforcement agencies;
• the National Guard of Ukraine;
• the State Special Transport Service;
• the State Service of Special Communications and Information Protection of Ukraine.

This applies to servicemembers performing service on the territory of Ukraine.

At the same time, the law establishes exceptions, including for persons whose military service has been suspended, as well as certain cases of unauthorized absence from a military unit or desertion.

How to Use the Protection of a Sole Residence

This mechanism does not apply entirely automatically.

The servicemember or their representative must apply to:

• the state enforcement service authority;
• or the private enforcement officer handling the proceedings.

The relevant application and documents confirming that the debtor belongs to the protected category must be submitted.

The application may be submitted in paper or electronic form in accordance with legislative requirements.

After receiving a proper application, the enforcement officer must, within the period established by law, suspend enforcement against the relevant residence and, if it has already been transferred for sale, suspend its sale.

When Protection of the Sole Residence Does Not Apply

The law establishes exceptions.

In particular, the special protection does not apply:

• if the sole residence is pledged or mortgaged and the enforcement document specifically concerns foreclosure on that secured property;
• in cases involving compensation for losses or damage caused by a criminal offense, bodily injury, other damage to health, or death;
• if the proceedings have already reached the stage of distributing funds obtained, including from the sale of property.

Therefore, before submitting an application, it is necessary to check which enforcement document is being executed and at what stage the proceedings currently are.

Can the Sale of a Home Be Stopped If It Has Already Been Listed for Sale?

For servicemembers within the protected category, the law expressly provides for the possibility of suspending the sale of the sole residence after a proper application to the enforcement officer.

It is important to act as quickly as possible because the mechanism contains an exception for cases where the proceedings have already reached the stage of distribution of funds received from the sale.

Therefore, if a servicemember learns about:

• an inventory of the property;
• real estate valuation;
• transfer of the property for sale;
• preparation of an electronic auction,

it is advisable to immediately assess whether the special protection mechanism can be applied.

What Happens to an Arrest on Property

Suspension of enforcement actions should not automatically be treated as removal of all arrests.

An arrest on bank accounts or property may remain in place if there is no separate legal ground for lifting it.

Therefore, the lawyer separately reviews:

• whether enforcement actions have been suspended;
• whether bank accounts remain arrested;
• whether real estate is under arrest;
• whether there is a legal basis for lifting a specific arrest;
• whether special protection of the sole residence applies.

What to Do with a Servicemember’s Arrested Bank Accounts

Military status alone does not mean that arrests on all bank accounts are automatically lifted.

It is necessary to review:

• the enforcement officer’s order;
• the type of account;
• the source of funds;
• the enforcement document;
• possible special statutory restrictions;
• the grounds for suspension of enforcement actions.

If an arrest or withdrawal of funds was carried out in violation of the law, applications, complaints, or court documents may be filed.

Child Support and Military Service

Enforcement proceedings concerning child support are subject to special regulation.

Military service does not automatically terminate the obligation to support a child.

Therefore, where there is child support debt, it is necessary to separately analyze:

• the enforcement document;
• the amount of debt;
• the calculations;
• the servicemember’s income;
• restrictions imposed by the enforcement officer.

The law separately provides certain guarantees concerning some temporary restrictions applicable to servicemembers, but this does not cancel the underlying child support obligation.

What to Do If the Enforcement Officer Refuses Suspension

A refusal by the enforcement officer does not mean that the matter is finally closed.

First, it is necessary to check:

• which documents were submitted;
• whether they confirm the type of military service;
• whether the impossibility of carrying out enforcement actions was demonstrated;
• what exactly the enforcement officer stated in the response;
• whether that position complies with current legislation and court practice.

Where there are grounds, decisions, actions, or inaction of a state or private enforcement officer may be challenged.

What Documents Does a Servicemember Need?

There is no single universal document for every situation.

Depending on the chosen mechanism, the following may be required:

• servicemember identification;
• military ID;
• a certificate from the military unit;
• documents concerning call-up or military service;
• documents confirming performance of relevant duties;
• information regarding the conditions of military service;
• the order opening enforcement proceedings;
• orders imposing arrests;
• real estate documents;
• other evidence depending on the specific legal ground.

For the special protection of the sole residence, the list of documents confirming that the servicemember belongs to the protected category is determined in accordance with the procedure established by law.

Can a Representative Submit the Application for a Servicemember?

Yes. In cases provided by law, the servicemember’s interests may be represented by another authorized person.

This is particularly important where the servicemember:

• is located in an area where military duties are being performed;
• cannot personally communicate with the enforcement officer;
• cannot promptly receive documents;
• requires full legal support.

A lawyer may prepare the application, monitor its consideration, and respond to further actions of the enforcement officer within the scope of the authority granted.

How a Lawyer Helps a Servicemember

Legal support may include:

• searching for and reviewing enforcement proceedings;
• analyzing enforcement documents;
• reviewing arrests on bank accounts and property;
• analyzing grounds under Article 34 of the Law;
• preparing an application for suspension of enforcement actions;
• preparing an application for protection of the sole residence;
• communication with a state or private enforcement officer;
• challenging an unlawful refusal;
• preparing court documents;
• monitoring the further status of enforcement proceedings.

Stages of Cooperation

1. Review of the proceedings. We identify the enforcement officer, debt, and measures applied.
2. Analysis of military status. We determine the type and conditions of military service.
3. Selection of the legal mechanism. Suspension of enforcement actions, protection of the residence, or challenge of a specific action.
4. Collection of documents. We prepare evidence of military service and other relevant circumstances.
5. Submission of the application. We apply to the state or private enforcement officer.
6. Monitoring the result. We review the orders and verify that the relevant enforcement actions have actually been suspended.
7. Challenge. In the event of an unjustified refusal, we use the legal remedy provided by law.

Common Situations for Servicemembers

Conclusion

Military service may provide grounds for special protection in enforcement proceedings, but this does not mean automatic write-off of debt or unconditional suspension of every form of recovery. For Article 34 to apply, the conditions of military service must be taken into account, and since 2026, certain categories of servicemembers also have a separate mechanism protecting their sole residence from enforcement.

Are you serving in the military, but the enforcement officer continues recovery, has frozen your accounts, or is preparing your home for sale? Submit a request on the Prikhodko & Partners Law Firm website. A lawyer will review the enforcement proceedings, identify the guarantees available to you as a servicemember, and prepare the necessary applications or complaints.