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Features of enforcement proceedings during martial law

Law of Ukraine No. 2129-IX of 15 March 2022 ‘On Amendments to Section XIII “Final and Transitional Provisions” of the Law of Ukraine “On Enforcement Proceedings”’ has come into force.

The law stipulates that:

  • individuals may carry out expenditure transactions from accounts whose funds have been frozen, provided that the amount of the enforcement order does not exceed 100,000 (one hundred thousand) hryvnias;
  • legal entities – debtors may carry out expenditure transactions from accounts subject to attachment solely for the payment of wages not exceeding five times the minimum wage per month per employee of such a legal entity, as well as for the payment of taxes, duties and the single contribution to compulsory state social insurance;
  • The attachment of the debtor’s wages, pension, grant and other income is suspended (with the exception of decisions regarding the recovery of maintenance payments and decisions where the debtors are citizens of the aggressor state).

This provision applies within the territory of our state only until the termination or repeal of martial law.

Until the entry into force of the law regulating relations involving persons associated with the aggressor state:

  • enforcement proceedings are suspended;
  • the replacement of claimants in enforcement proceedings, where the claimants are the aggressor state or persons directly related to it, is prohibited.

However, this restriction does not apply to nationals of the aggressor state who are lawfully resident in our country and act in accordance with the laws of Ukraine.

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