Account freezing due to failure to appear for a summons: how to regain access to your own funds.

Account Freezing as a Method of Influence: Where It All Begins

In Ukraine, there has been a significant increase in scrutiny of financial transactions by individuals evading conscription.

Freezing accounts is one of the methods the government uses to exert pressure on draft dodgers. However, this process is not always clear and transparent, raising questions among citizens.

For ignoring the obligation (failure to appear at the military recruitment center upon summons), an administrative offense protocol is drawn up against the liable individual, resulting in a fine. While banks have not yet provided precise statistical data on the freezing of accounts for military reservists, several administrative proceedings have already been initiated under Article 210 of the Code of Ukraine on Administrative Offenses (Violations by conscripts, military reservists, and reservists of military registration rules).

Account Freezing — Not Immediate: How Fines Are Imposed for Violating Military Registration

According to the law, violations of military registration rules by conscripts, military reservists, and reservists lead to the following penalties:

• A fine ranging from two hundred to three hundred non-taxable minimum incomes of citizens (3400-5100 UAH);
• A second violation within a year for which the individual has already faced an administrative penalty results in a fine from three hundred to five hundred non-taxable minimum incomes of citizens (5100-8500 UAH);
• Actions outlined in the first part of this article during a special period incur a fine of one thousand to one thousand five hundred non-taxable minimum incomes of citizens (17000-25500 UAH).

"Fines will be imposed within three months from the date the violation is identified, but no later than one year from the time it was committed. These fines can also be assigned in absentia, without the need for a protocol. Any debts determined by a court decision and not fulfilled within the established timeframe will be collected. Therefore, it is better to pay the fine immediately," warns Anna Daniel, lawyer and managing partner of the "Anna Daniel Law Firm."

The State Enforcement Service has an automated system for enforcement proceedings (ASIP). After an enforcement proceeding is initiated and the debtor's details are entered into the debtor registry, this system automatically locates their bank accounts, leading to their freezing.

The State Enforcement Service has an automated system for enforcement proceedings. Therefore, after initiating enforcement proceedings and entering the debtor's information into the debtor registry,

Currently, until the cessation or cancellation of martial law in Ukraine, debtors whose funds have been frozen can perform spending operations from their current account up to an amount that does not exceed two times the minimum wage established by law as of January 1 — that is 13,400 UAH. This means such an amount will be accessible to debtors who do not pay the imposed fines.

If You Don’t Pay the Fine: How the Enforcement Service Operates

If you ignore a fine from the military recruitment center and the State Enforcement Service, the information about the violator will be forwarded to the enforcement service, and their details will be entered into the Unified Registry of Debtors. The ruling is sent for compulsory enforcement to the state enforcement service at the debtor's place of residence, work, or where their property is located.

The enforcement service first checks for the presence of assets and bank accounts. Accounts are automatically frozen, while there are no restrictions placed on the property at this stage. However, an increase in fines may provide grounds for limiting the use of property, and by law, in cases of accumulating a large amount of debt, enforcement officers have the right to seize property. Such property may then be sold at a SETAM auction.

Account Freezing: How to Find Out About It

You can find out that your account is frozen in several ways:

• SMS or email notification from the bank. Typically, the bank sends a notice about temporary access restrictions to the account or a refusal of transactions — such notifications may also arrive through the bank's app;
• Failure when attempting to perform a transaction. When you try to transfer funds or withdraw cash from an ATM, the system may display a message indicating access denial due to the freeze;
• Official warning from authorities. In some cases, when the decision to freeze the account is based on legal norms, the individual receives an official notification about this from law enforcement or through the court.

The presence of debt in enforcement proceedings is grounds for freezing bank accounts.

"The existence of debt in enforcement proceedings serves as grounds for freezing bank accounts. Citizens learn about their debt only as a result of the account freeze, and if they disagree with the amount, they can contest it in court. In this case, it is crucial to adhere to the deadlines for filing objections. A freeze can be imposed on any type of account — whether it be a card, deposit, current account, etc. Regarding the withdrawal of funds from a frozen account, this depends solely on the actions of the enforcement officer — they generate additional requests to the bank for the withdrawal of the amount specified in the enforcement proceedings," says Anna Daniel.

How to Unfreeze Your Accounts: Step-by-Step Instructions

Lawyers advise that if you discover your account is frozen, you should act quickly to determine the cause and lift the freeze.

1. First, check the account status. You can do this by contacting the bank, using online banking, or visiting a branch. If you received a message from the bank, carefully review the details.
2. If you did not receive information about the freeze from the bank, contact the authorities. If the account was frozen due to evasion of mobilization, this is likely reflected in the government registries. In 2024, control over individuals evading service was significantly tightened through special registries, where such individuals can be listed.
3. If you are unsuccessful in determining the reason for the freeze, it is important to consult a lawyer who can help ascertain whether there is a court decision, order, or other legal documents confirming the freeze.
4. Is the freeze related to evasion of mobilization? Then you need to find out why the individual was listed as evading mobilization. In 2024, there were many cases where individuals accidentally ended up in these registries due to document errors. In such cases, you should contact the military recruitment center for information verification.
5. If the situation is clarified and the freeze was unjustified, you must submit a written request to the bank asking for the freeze to be lifted. It is important to present arguments supported by documents (certificates from the military recruitment center, medical documents, or court decisions).
6. If the freeze occurred due to actual evasion of military service, you must first pay the debt and then update your data in the "Reserve+" app. If you have a summons, you need to report to your local military recruitment center.
7. The bank should unfreeze the account upon receiving confirmation of debt payment from the enforcement service. You can expedite the unfreezing by sending a screenshot of the payment or a photo of the payment receipt (proof of fine payment) to the enforcement officer handling your case.

To help military reservists avoid account freezes and fines, lawyer Fatima Gyulalieva advises regularly checking their status in the mobilization registries (using the "Reserve+" app), especially if the individual has changed their residence or is living abroad.

"Do not ignore summons. If you receive a summons, follow the instructions from the military recruitment office. And provide banks with up-to-date information about your location and status," advises Fatima Gyulalieva.