If evaders fail to pay fines, their property and funds may be arrested - Ministry of Justice. DOCUMENT
In the event of non-payment of the fine, enforcement proceedings may be initiated against the evaders and their accounts may be seized.
According to Censor.NET, this was stated by the Ministry of Justice at the request of "the Judicial and Legal Newspaper".
As you know, by the end of 2024, the Government plans to send 900,000 summonses to persons liable for military service. By amending the postal rules, the Cabinet of Ministers has determined that the person will have 3 days to pick up the summons from the post office (unless it is delivered in person).
Calculation of fines
After the summons is returned undelivered and the relevant mark is made by post, the TCR will be able to start the procedure for imposing a fine. Thus, these fines will be, in fact, "in absentia". At the same time, the resolution of the TCR is an enforcement document. That is, if the fine, which ranges from UAH 17,000 to UAH 25,500, is not paid voluntarily, enforcement proceedings may be initiated against the evaders and recovery of accounts may be initiated.
"The Judicial and Legal Newspaper" addressed the Government with a request to find out how many such enforcement proceedings have already been initiated and how much money has been collected to the budget. Earlier, the publication published a response from the Ministry of Finance stating that no separate accounting is kept for revenues from fines under the decisions of the TCR.
In turn, the Ministry of Justice noted that pursuant to Article 308 of the Code of Administrative Offences, if the offender fails to pay the fine within the time limit set out in Part 1 of Article 307 of this Code, the resolution imposing the fine shall be sent for enforcement to the state executive service (SES) at the offender's place of residence, work or at the location of his property in accordance with the procedure established by law.
As a reminder, under the Code of Administrative Offences, the fine must be paid no later than 15 days from the date of delivery of the decision to impose the fine, and in case of appeal against such a decision, no later than 15 days from the date of notification of dismissal of the appeal.
Enforcement of the decisions of the TCR on imposing administrative penalties, in particular for violation of the rules of military registration by conscripts, persons liable for military service, reservists, violation of the legislation on defence, mobilisation training and mobilisation, is carried out in accordance with the procedure established by the Law "On Enforcement Proceedings".
Seizure of funds and property
If the debtor fails to pay the fine, the state enforcement officer takes measures to enforce the decision by seizing the debtor's funds and property.
Article 48(1)(1) of the Law stipulates that foreclosure on the debtor's property consists of its seizure, withdrawal (debiting of funds from accounts) and forced sale (presentation of electronic money for repayment in exchange for funds transferred to the relevant account of the state enforcement service).
At the same time, pursuant to Article 56(2) of the Law, the debtor's property (funds) is seized by the enforcement officer by issuing a resolution on the seizure of the debtor's property (funds) or on the inventory and seizure of the debtor's property (funds).
Article 48 of the Law provides that enforcement documents are enforced primarily against the debtor's funds in national and foreign currencies, other valuables, including funds on the debtor's accounts with banks and other financial institutions.
