Automatically translated version. May contain inaccuracies compared to the original.
An unpaid military commissariat fine (TCk) can be sent to the enforcement service, and the debt will be collected not only from money in bank accounts. If funds are insufficient, under certain conditions the enforcement officer may impose a seizure and proceed to collect from other debtor property.
This is written by 24 Kanal.
Military lawyer Tetyana Kozyan explained that after the voluntary payment period for the fine ends, grounds arise for its forced enforcement. However, this does not mean that a person’s property will automatically be seized immediately after the 30 days expire.
First, the fine decision must be submitted for compulsory enforcement, after which enforcement proceedings are opened. Within those proceedings, a state or private enforcement officer may apply the measures provided by law to collect the debt.
Primarily, the debt is attempted to be satisfied from money. Collection may be directed at funds in hryvnias and foreign currency, as well as other valuables held in banks and financial institutions.
If there is not enough money, the enforcement officer may move on to other debtor property. It may be subject to seizure, and in cases provided by law—confiscated and sold to satisfy the debt.
At the same time, not everything can be taken. The law explicitly lists items from which seizure is not allowed even within enforcement proceedings.
In particular, the debtor cannot be deprived of necessary clothing, footwear, bedding, dishes, hygiene items, and children’s things. Medications, glasses, and other medical devices necessary for health are also protected.
Separate restrictions apply to household appliances and furniture. The law leaves one bed and one chair for each family member, one table, and one wardrobe per family.
Also not subject to collection are one refrigerator, one television, and one personal computer per family. In addition, each person must be left with one mobile phone.
The enforcement officer cannot take necessary food supplies and drinking water for the debtor and their family. Funds needed to purchase such a minimal supply within the limits established by law are also protected.
Seizure of necessary fuel for cooking and heating the home during the heating season is not permitted.
There is separate protection for property without which a person cannot earn a living. These may be tools of a craft or other professional work if they are actually necessary to earn income.
Certain rehabilitation aids for persons with disabilities are not subject to collection. The law also protects vehicles provided to such persons free of charge or on preferential terms for medical reasons.
State awards, prizes, honorary and commemorative badges awarded to the debtor cannot be taken to satisfy the debt. Property necessary for performing religious rites is also protected.
Thus, an unpaid military commissariat fine can indeed lead to the seizure of accounts and other property, but only after enforcement proceedings are opened. At the same time, the law leaves a significant list of essential items that cannot be seized and sold to cover debts.
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