Thursday12 December 2024
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Fines and account freezes: Lawyers discuss the risks of evading mobilization.

Violation of military registration rules by conscripts, military personnel, and reservists may result in a fine. Additionally, banks can freeze payment card accounts at the request of the enforcement service. Focus has investigated the circumstances under which this occurs and what actions to take in such situations.
Штрафы и блокировка счетов: мнения юристов о возможных последствиях уклонения от мобилизации.

What Penalties Are Imposed for Violating Military Registration Rules

According to Anna Daniel, a lawyer and head of the "Anna Daniel" Law Office, violations of the law on defense, mobilization preparation, and mobilization entail fines for citizens ranging from 300 to 500 non-taxable minimum incomes (5,100-8,500 UAH), and for officials of state authorities, local self-government bodies, legal entities, and public associations from 1,000 to 1,500 (17,000-25,500 UAH) non-taxable minimum incomes.

Nonncompliance with the law on defense, mobilization preparation, and mobilization results in fines for citizens from 300 to 500 non-taxable minimum incomes (5,100-8,500 UAH).

If a violation occurs again within a year for which the individual has already been subjected to administrative penalties, it involves fines for citizens from 500 to 700 non-taxable minimum incomes (8,500-11,900 UAH), and for officials of state authorities, local self-government bodies, legal entities, and public associations - from 1,500 to 2,000 (25,500-34,000 UAH) non-taxable minimum incomes.

За нарушение правил воинского учета налагают штрафы

"Actions stipulated in Part 1 of Article 210 of the Law on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine regarding increased responsibility for military offenses during a special period entail fines for citizens from 1,000 to 1,500 non-taxable minimum incomes, and for officials of state authorities, local self-government bodies, legal entities, and public associations - from 2,000 to 3,500 (34,000-59,500 UAH) non-taxable minimum incomes," explains Anna Daniel.

She also added that fines will be imposed within three months from the date of the offense detection, but no later than one year from the date of its commission. These fines can also be assigned in absentia, without the need for a protocol.

Any debt determined by a court decision and not fulfilled in a prescribed manner will be collected. Therefore, lawyers advise that it is better to pay the fine immediately.

The State Enforcement Service has an automated system for enforcement proceedings (ASEP). After opening an enforcement case and entering information about the individual into the debtors' register, this system automatically locates their bank accounts. These accounts are then frozen, and the amount of the assigned fine is automatically deducted from the account.

Account Freezing: How the Enforcement Service Collects Fines

The new edition of the government bill №10449 concerning military service, mobilization, and military registration allows for the temporary freezing of the assets of draft evaders through the courts, adds Fatima Gyulalieva, a lawyer at "Winners Partners".

"If a conscript or reserve soldier does not voluntarily report to the territorial recruitment and social support center (TRC and SSP) within 10 calendar days from the date of receiving a summons, the employees of the TRC will petition the court to impose restrictions on that individual," explains the expert.

Currently, account freezing may occur due to:

  • evasion of mobilization if the individual failed to respond to the call or does not fulfill their obligations to the state;
  • suspicions of evasion or abuse of financial transactions;
  • If the individual is listed in the registers of those evading mobilization.

If a conscript or reserve soldier does not voluntarily report to the TRC and SSP within 10 calendar days from the date of receiving a summons, the employees of the TRC will petition the court to impose restrictions.

You can find out that your account is frozen through the bank or the enforcement service.

The bank may notify this via SMS or email. Usually, the bank sends a notification about the temporary restriction of access to the account or about the refusal of transactions.

The account's frozen status may be discovered through an unsuccessful attempt to perform a transaction. If a person tries to transfer funds or withdraw cash from an ATM, the system may display a refusal message due to the freeze.

An official warning may also be issued by authorities. In some cases, when the decision to freeze the account is made based on legal norms, the individual receives an official notification about this from law enforcement or through the court.

Recall that lawyer and veteran of the Russian-Ukrainian war Masi Nayyem criticized the state's policy on mobilization.