Arrest of funds in the account: what can be spent during martial law and how to arrange it
The Ministry of Justice explained how the mechanism for determining the debtor's current account for expenditure operations works during the enforcement of court decisions.
The ministry reminded that compulsory enforcement of decisions is carried out in accordance with the Law of Ukraine "On Enforcement Proceedings." One of the measures of compulsory enforcement is the seizure of funds and other property of the debtor, and the arrest of property or funds is applied to ensure the actual execution of the decision. It can apply both to funds in accounts and to other assets of the debtor.
What guarantees the law provides
At the same time, the legislation establishes a number of guarantees for debtors.
In particular, seizure cannot be applied to certain categories of funds, including some social payments and benefits, such as assistance for treatment or one-time assistance to servicemen.
In addition, the executor is obliged to lift the arrest on funds in the account no later than the next working day after receiving from the financial institution documents confirming that these funds are prohibited from seizure.
What rules apply during martial law
The Ministry of Justice noted that during martial law, individual debtors have the right to make expenditure transactions from the current account in an amount that does not exceed twice the minimum wage established by the law on the State Budget of Ukraine as of January 1 of the current year within one calendar month. They can also pay taxes and fees regardless of the imposed arrest.
To do this, the debtor must submit a statement to the executor in paper or electronic form, indicating the account number and bank.
After that, the executor issues the appropriate order within two working days and sends it to the bank, as well as to other executors if several enforcement proceedings are opened against the debtor.
What the Supreme Court stated
The Ministry also drew attention to judicial practice. In particular, analyzing judicial practice (Supreme Court ruling dated 29.01.2025 No. 279/809/24), it is worth noting that if the bank did not inform the executor that the account where the debtor's funds are located is an account with a special usage regime, the arrest of funds and their subsequent write-off cannot be considered unlawful.
Thus, the established procedure for arresting funds and determining the current account guarantees the enforcement of court decisions and at the same time allows debtors to make necessary expenses and pay taxes without violating basic social rights during martial law.
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