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Reservation of conscripts and military law

Потрібна допомога адвоката? Залишай заявку Regulatory foundations of reservationThe institution of reservation is primarily enshrined in the Law of Ukraine “On Mobilization Preparation and Mobilization” No. 3543‑XII, which defines the purpose and general principles for granting deferment from conscription to reservists. Article 24 of this Law directly establishes that reservation is carried out to ensure the uninterrupted functioning of state authorities, local self‑government bodies, enterprises, institutions and organizations during a special period.Implementation of these provisions is detailed by government resolutions, in particular Resolution of the Cabinet of Ministers of Ukraine dated 27.01.2023 No. 76 and the new changes adopted by Resolution of the CMU dated 30.05.2026 No. 692, which updated the criteria and procedure for reservation. Thus, military law creates a multi‑level structure: a basic law, a special reservation procedure and departmental instructions of the General Staff, the Ministry of Defence and sectoral ministries. Purpose of reservation: balance between army and economyThe conditions of general mobilization and martial law compel the legislator to seek a balance between the need for rapid reinforcement of the Armed Forces and the necessity to maintain the operation of the energy system, transport, defence industry, healthcare and other critical sectors. That is why the government does not cancel reservation for business but constantly adjusts the criteria so that deferment is granted to employees without whom processes in the state and economy would effectively stop.Reservation is essentially a temporary deferment from mobilization tied to the status of the enterprise and defence needs, rather than to the subjective desire of an individual. This means that any decision on reservation always has a public‑law nature and is made in the interests of the state, even when it appears as “protection” of an employee from conscription. Who can obtain reservation in 2026The reservation system is built around enterprises, institutions and organizations recognized as critically important for the economy and the livelihood of the population or those that fulfil mobilization tasks or produce goods and services for the needs of the defence forces. Article 25 of the Mobilization Law links the right to reservation to the official status of a legal entity: critically important business, the existence of mobilization tasks or participation in defence production.Employees of such entities can obtain reservation only through their employer and not by personal application, which makes it impossible to “arrange reservation” individually bypassing the status of the enterprise. The sectors where reservation is used most frequently include energy, transport, IT and cybersecurity, healthcare, defence industry, agriculture, media and utilities, as their suspension would have direct consequences for defence and the rear. Salary criteria and quotasThe most debated block of the 2025–2026 updates has been the requirements for the level of wages of reserved employees and enterprises as a whole. From 1 January 2026, to confirm the critical status of a business and maintain reservation, a minimum salary level of about 21,617.5 UAH per month has been set both for an individual employee and as a threshold for the average wage at the enterprise.Additionally, CMU Resolution No. 692 introduced a higher threshold of three minimum wages (about 25,941 UAH) for the general category of critically important enterprises and 2.5 minimum wages (about 21,618 UAH) for front‑line territories. In the classical model, a limit of 50% of reservist employees who may be reserved applies, although for certain categories – particularly the fuel‑and‑energy sector – this restriction is lifted and reservation of all necessary employees is allowed. Terms and procedure of reservationThe reservation procedure has strictly regulated timelines, which is especially important given the constant changes in mobilization legislation. As a general rule, lists of reserved employees are processed within up to 72 hours, while in the period from late 2025 to 1 February 2026, shortened timelines of up to 24 hours applied for certain categories.In 2026, control over the relevance of military registration data has also been strengthened: there is a critical period of 45 days for correcting discrepancies in registry and e‑cabinet data, and failure to meet these requirements may result in cancellation of reservation. Separate rules allow defence enterprises to reserve employees even in the presence of military registration violations, but only for a short period and provided such violations are remedied. Digital tools and controlDigitalization of reservation processes and control over the status of reservists is becoming a key element of modern military law. Enterprises are obliged to submit information on the total number of reservist employees, including by generating data from state registers via the “Diia” portal.Reserved employees themselves can check their status and the validity period of their reservation through the “Reserve+” application or by generating a “Reserve ID” on the “Diia” portal, which reduces the risk of abuses and errors. At the same time, interaction between enterprises and Territorial Recruitment Centers, the Labour Inspectorate and the Tax Service is intensified, regular reconciliations of lists are carried out, and errors or intentional violations may lead to fines, loss of critical status and cancellation of reservation. Military law: deferment, cancellation of reservation and liabilityWithin the system of military law, reservation is not an absolute “immunity” but is regarded as a conditional and temporary deferment that may be changed or revoked by decision of competent authorities. Changes in the criteria of business criticality, detection of document irregularities, non‑compliance with wage requirements or quotas may constitute grounds for cancellation of employees’ reservation and revision of the enterprise’s status.At the same time, military law provides for liability of both employers and reservists in cases of violation of registration rules, false data in lists or attempts to evade mobilization through fictitious reservation schemes. Given the complexity of regulation, proper management of military registration, correct document preparation and timely updating of information become crucial tasks for financial directors, HR departments and corporate lawyers.If you face questions or problems related to applying reservation rules in your company, preparing documents for the Territorial Recruitment Center or assessing the risks of cancellation of reservation, you should obtain individual legal advice that takes into account the specifics of your sector

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Protection of personal data and cybersecurity

Потрібна допомога адвоката? Залишай заявку Protection of personal data and cybersecurity have ceased to be “a technical issue for the IT department” and have become one of the key areas of legal and managerial responsibility of business in the digital age. The extent to which a company takes a systematic approach to building its security architecture affects not only the minimisation of fines and lawsuits, but also client trust, resilience to cyberattacks, and competitiveness in the market.Regulatory framework for data protection and its challengesIn Ukraine, the regulation of personal data protection is primarily based on the Law “On Personal Data Protection” and general information security norms, which set requirements for the processing, storage, and transfer of information. At the same time, the influence of European standards, especially the GDPR, is significant, as they impose stricter rules for transparency, data subjects’ rights, and liability for breaches of confidentiality.Practice shows that one of the main problems is the fragmentation of legal regulation and the gap between formal requirements and the actual maturity of cybersecurity systems in organisations. Often, data protection policies exist only on paper and are not supported by adequate technical and organisational measures, creating an illusion of compliance and increasing vulnerability to incidents.Modern cyber threats to personal dataThe rapid development of technology and the spread of open information sources generate new privacy risks: social engineering, phishing, doxing, and account hacking through an OSINT-based approach to data collection. Attackers combine fragments of public and semi-private information to build convincing attack scenarios — from phishing emails to fake profiles in messengers.Particularly dangerous is multi-stage phishing, where the user interacts with the attacker several times, gradually giving away not only logins and passwords, but also one-time codes, backup access keys, and confidential files. In this context, personal data protection can no longer be ensured solely by technical solutions — media literacy, cyber hygiene, and user awareness of real attack scenarios become critical.Integration of data protection into the cybersecurity systemThe modern approach to security goes beyond a separate “law on personal data” and requires the integration of legal, organisational, and technical levels of protection into a single system. This involves creating a dedicated unit or appointing a responsible person for information security, building a comprehensive protection system in information and telecommunication systems, and implementing international standards (for example, ISO/IEC 27001).In this context, cybersecurity includes not only perimeter protection tools (firewalls, antiviruses, intrusion detection systems), but also a well-designed data access model, multi-factor authentication, event logging, and regular incident monitoring. It is precisely this systemic approach — from organisational policies to specific technical settings — that allows personal data protection to be transformed from “a point function of IT” into an element of the overall cyber resilience strategy of the business.The role of the state and business responsibilityAt the state level, the key actors in the field of personal data protection are the cyber police and the Ukrainian Parliament Commissioner for Human Rights, who has the authority to draw up administrative protocols for violations of the right to information protection. Sanctions for failure to comply with the established data protection procedures, which lead to unlawful access, include significant financial fines that can be critical for small and medium-sized businesses.At the same time, the state is increasingly focusing on the implementation of European data protection standards, which raises requirements for transparency in information processing practices in the private sector. For companies, this means the need to move from a formal minimum to real implementation of privacy policies, procedures for handling data subject requests, and the recording and investigation of cybersecurity incidents.A comprehensive approach as the only realistic strategyResearch in the field of personal data protection agrees that only a comprehensive approach can ensure an acceptable level of security in the modern digital environment. It includes improving the legislative framework, implementing modern protection technologies, building information security management systems, and systematically increasing the digital literacy of employees and citizens.At the same time, businesses should view personal data protection as an investment in long-term reputation and resilience, rather than just “compliance costs”. Companies that proactively implement European standards and build a culture of cybersecurity gain a competitive advantage, as they can offer clients not only a product or service, but also a guaranteed level of protection for their digital identity.If you have any questions or problems related to personal data protection in your company, building a cybersecurity system, or implementing European privacy standards, it is worth considering engaging experts who will help assess current risks and develop a step-by-step plan to mitigate them.Author: Ihor Yasko, Managing Partner of Legal Firm “WINNER”, PhD in Law https://www.youtube.com/watch?v=UvayosIccBo&t=3s

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Key legal risks of using AI in business

Потрібна допомога адвоката? Залишай заявку The implementation of AI raises several blocks of risks at once: data, liability, ethics, and cybersecurity. Firstly, artificial intelligence models often “feed on” personal and sensitive data of clients, employees, or counterparties, which exacerbates questions of the lawfulness of processing, storage, and transfer of information in the context of Ukrainian legislation and GDPR standards.Secondly, the problem of allocating responsibility between the developer, integrator, and end user of the system is growing: who is liable for an erroneous AI decision — for example, an unlawful refusal to a client or a discriminatory assessment of a candidate during automated recruitment. Thirdly, generative AI intensifies ethical dilemmas: content manipulation, deepfakes, intentional or unintentional discrimination, excessive dependence of staff on algorithms, and the erosion of professional responsibility.Role of legal support in corporate AI governanceEffective legal support for AI implementation begins with building a governance system, rather than with “point‑based” checks of individual contracts or policies. Companies are advised to create a cross‑functional AI governance committee that includes lawyers, compliance officers, IT and cybersecurity specialists, HR, and business managers, which allows legal requirements to be integrated into all stages of the AI solution lifecycle.Lawyers in this process act as “architects of the rules of the game”: they are responsible for developing internal AI usage policies, impact assessment procedures (AI impact assessment), as well as forming the contractual framework with developers and providers of AI services. Importantly, the legal function must be closely integrated with the company’s risk management system so that regulatory requirements are automatically transformed into KPIs and control procedures.Strategic approach to AI complianceGlobal experience shows that it is not enough for businesses to simply “comply with the law” — they need to build a strategic approach to managing AI risks, which includes culture, staff training, and continuous process improvement. Companies that adopt the “fail fast — learn fast” principle adapt AI usage more successfully, as they quickly test solutions, capture errors, and transform them into formalised legal and organisational changes.In such a model, legal support becomes a continuous service: regular compliance audits, updating internal policies in line with changes in the AI Act, GDPR, and Ukrainian regulations, as well as preparing the company for possible regulatory inspections. For Ukrainian businesses, proactive setup of AI compliance procedures is particularly relevant, as national legislation is rapidly evolving under the influence of European standards and the future special AI law will only tighten requirements.Practical tasks of a lawyer in AI implementationAt the practical level, legal support includes drafting and adapting contracts with AI providers, where intellectual property rights, liability limits, and data processing regimes are clearly defined. Particular attention is paid to including provisions on algorithm audits, mechanisms for accessing system decision logs, and the customer’s right to conduct independent checks of the model’s safety and ethics.Another block of work is setting up internal AI usage policies for staff: defining prohibited practices, rules for using external generative services, incident reporting procedures, and preventing leaks of confidential information through AI tools. For high‑risk sectors (finance, healthcare, justice), lawyers develop special “human‑in‑the‑loop” protocols that ensure critical decisions cannot be made solely by an algorithm.Prospects for AI legal regulation in UkraineAcademic research and strategic documents emphasise that the Ukrainian model of AI regulation must address at least five systemic problems: fragmentation of the regulatory framework, vague terminology, weak institutional coordination, ethical uncertainty, and limited influence of the private sector on policy‑making. Solving these challenges will require active dialogue between the state, business, and expert community, as well as the implementation of best EU and US practices in protecting human rights when using AI.For corporate lawyers and compliance officers, this means that the role of legal support for AI implementation will only grow: they must simultaneously navigate current rules and anticipate future requirements, embedding them into the company’s digital transformation strategy. Companies that invest in AI legal architecture today gain not only protection from regulatory risks, but also a competitive advantage in global markets where responsible technology use is becoming standard.If you have any questions or problems related to AI implementation in your business, setting up internal policies, or assessing regulatory risks, it is advisable to engage a specialised legal advisor who will help you build a safe and effective AI compliance system in line with Ukrainian and European legislation.Author: Ihor Yasko, Managing Partner of Legal Firm “WINNER”, PhD in Law. https://www.youtube.com/watch?v=UvayosIccBo&t=3s

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Express contract check: fast, calm, and useful

Потрібна допомога адвоката? Залишай заявку Are you about to sign a contract and worried it may hide unpleasant surprises? We understand. Our “Express Contract Review” service helps you quickly identify risks and suggest how to neutralise them — without unnecessary delays or complicated legal wording. Why this matters We uncover hidden pitfalls. We spot unfavourable clauses, risky wording and gaps that may turn out to be costly. You save time and nerves. It is better to detect a problem now than spend months in disputes. You make decisions with confidence. You receive clear, practical advice on what to change or clarify with your counterparty. Suitable for everyone: startups, small businesses, procurement teams or simply when you need a fast legal opinion. What we review (briefly) Whether the subject of the contract and the parties’ obligations are clearly defined. Payment terms: deadlines, penalties, risks to your money. Performance and delivery timelines, force majeure. Liability and penalty provisions. Termination and refund conditions. Confidentiality and intellectual property clauses. Where disputes will be resolved and which law applies. How it works — simple You send us the contract and briefly describe the situation. We carry out a quick analysis and highlight the most important risks. We prepare a clear report and send it within 24 hours. What you receive A concise overview of key risks. A prioritised list of comments with explanations. Concrete wording options you can propose to your counterparty. Recommendations on whether to sign, request changes or proceed with a deeper review. When this is useful You need to sign a contract quickly but want to be sure. You do not have an in‑house lawyer or need a second opinion. Before a significant payment or signing an important deal. Why choose us We explain things in plain language, without legal jargon. We work fast — report delivered within 24 hours. We respect your confidentiality and value your time. Packages and options Basic: review of one contract up to 10 pages, short report. Extended: up to 25 pages, priority processing and a short phone consultation. We can also prepare specific amendments, support you in negotiations or provide a full legal expert review. Ready to start?Send us your contract or describe what concerns you, and we will quickly support you and advise on the next steps. Author – Svitlana Krutorohova, Attorney at WINNER Law Firm. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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The number of high‑risk VAT payers is increasing. What does this mean for businesses right now?

Потрібна допомога адвоката? Залишай заявку In recent months, the tax authorities have continued to tighten control over VAT payers’ transactions. The number of companies included in the high‑risk list has increased again, and the number of blocked VAT invoices has also grown. What does business need to understand?Today, VAT risk status is no longer just an issue for “tax schemes”. Entirely real businesses can be classified as high‑risk due to their counterparties, staffing indicators, document flow specifics, or even a mismatch between the scale of operations and the company’s resources. What are the consequences for business?▪️ blocking of VAT invoices; ▪️ delays in input VAT credit for your clients; ▪️ additional requests and explanations from the State Tax Service; ▪️ risk of losing some counterparties who are unwilling to work with a company that has been placed on the high‑risk list. Sometimes the issue lies not in the company itself but in the fact that the tax authorities see certain risks in the supply chain or transaction structure. What comes next?In my view, over the coming months we will see a further shift toward a risk‑based control model. The tax authorities will increasingly rely on automated data analysis, and the number of audits will be driven by the level of tax risk associated with the business. As a result, tax security is gradually becoming just as important as sales and finance. What do we recommend for businesses right now?✅ Check whether your counterparties show signs of high‑risk status. ✅ Audit VAT invoices and transactions for recent periods. ✅ Assess whether staffing and physical resources are sufficient to support the declared business activities.✅ Review contracts and documents related to lease, logistics, warehousing, and subcontractors. ✅ Prepare a document package in case your VAT invoices are blocked or your company is added to the high‑risk list. To avoid unnecessary risks, businesses should proactively analyze their processes and evaluate the potential impact of new supervisory approaches. If you have any questions or require a tailored consultation for your specific situation, the team at WINNER Law Firm is ready to assist. Author – Maksym Bahniuk, Head of Tax and Customs Law Practice at WINNER Law Firm.📞 +38 096 574 81 02📧 info@uk-winner.com https://www.youtube.com/watch?v=N9Rdi6CWE1s

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Lawful grounds for police stopping your car: what every driver must know

Потрібна допомога адвоката? Залишай заявку List of grounds on which a police officer may stop a vehicle: ▪️ if the driver has violated traffic rules;▪️ if there are obvious signs indicating a technical malfunction of the vehicle;▪️ if there is information that the driver or passengers of the vehicle are involved in a traffic accident, criminal or administrative offence, or information that the vehicle or its cargo may be the object or instrument of such an accident or offence;▪️ if the vehicle is wanted;▪️ if it is necessary to interview the driver or passengers about the circumstances of a traffic accident, criminal or administrative offence of which they are or may be witnesses;▪️ if it is necessary to involve the driver in providing assistance to other road users or police officers, or as a witness when drawing up administrative offence reports or materials related to a traffic accident;▪️ if a competent state authority has decided to restrict or prohibit traffic;▪️ if the way the cargo is secured on the vehicle creates danger for other road users;▪️ violation of the rules on the use of special light or sound signalling devices on the vehicle;▪️ if a vehicle registered in another country is stopped in order to detect its transfer into possession, use or disposal by persons who did not bring this vehicle into the customs territory of Ukraine and did not place it under the customs transit regime;▪️ if there is information that the driver or a passenger of the vehicle is a person who has unlawfully left a place of detention of prisoners of war.vash-yuryst+3 ⚠️ A police officer must inform the driver of the specific reason for stopping the vehicle, providing a detailed description of the legal ground for the stop.jurliga.ligazakon+2 Contact us today and we will help resolve your issue!Yevhenii Murchenko, Head of Criminal Law and Procedure Practice at the law firm “WINNER”. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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Obtaining and extending critical status in Cherkasy and the region

Потрібна допомога адвоката? Залишай заявку In today’s conditions, for many companies in Cherkasy and Cherkasy region, the status of a critically important enterprise has become not just a formality but a real business advantage. It helps maintain operational stability, plan activities over a longer horizon, and reduce risks for the team and operational processes. The Cherkasy region has a well-developed economic and administrative infrastructure, so businesses here need to work systematically, taking into account regional and sectoral requirements. That is why obtaining or extending critical status is especially relevant for manufacturers, logistics companies, agricultural businesses, service organisations, and other employers. Why this matters for business Critical status allows a company to officially confirm its role for the state, the community, or the industry. For an employer, this means more predictable workforce planning, better process organisation, and fewer risks related to downtime or loss of key specialists. For enterprises in Cherkasy and the region, this is particularly important where the business makes a significant contribution to employment, tax revenues, or provides essential services. In such cases, properly prepared documents and timely extension of the status help avoid work interruptions and unnecessary bureaucratic delays. How the procedure works Obtaining or extending critical status usually starts with assessing compliance with the criteria and preparing a document package. Publicly available information indicates that the procedure may include an application, financial documents, confirmation of no outstanding debts, and other materials depending on the authority to which the documents are submitted. It is also important to consider that, when extending the status, a new set of documents with up-to-date data is often required, and some certificates have a limited validity period. This means that the success of the procedure depends not only on having the necessary grounds but also on the accuracy and timeliness of document preparation. What the client receives Professional support in matters of critical status saves time, reduces the risk of refusal, and provides confidence that the submission is correct. This is particularly relevant for companies going through the procedure for the first time or those that already have the status and want to extend it in time without any gaps. For businesses in Cherkasy, it is important to have a partner who understands local specifics, knows regional requirements, and can tailor the documents to the company’s particular situation. This allows the business to focus on its operations instead of dealing with complex bureaucratic details. Our services Consulting on obtaining and extending critical status. Analysis of your company’s compliance with the criteria. Preparation of the document package. Support in submitting documents to the competent authority. Checking the validity of certificates and document expiry dates. Support in Cherkasy city and Cherkasy region. Why choose us We help businesses complete the procedure without unnecessary mistakes, delays, or repeated submissions. Our goal is to make the process clear, fast, and as comfortable as possible for the client. Contact us for professional support in obtaining and extending critical status in Cherkasy and the region. Author: Ihor Yasko, Managing Partner of “WINNER” Law Firm, PhD in Law. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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Lifting seizure of property: how to unblock real estate and vehicles

Потрібна допомога адвоката? Залишай заявку If you need to remove a seizure from property, the main route is to file a motion with the court under Article 174 of the Criminal Procedure Code of Ukraine. The motion to lift the seizure of property is considered by the investigating judge no later than three days after it is received by the court. ✅ Grounds for lifting seizure of propertySeizure of property must be lifted if the grounds for its application have ceased to exist or if the seizure was imposed without justification. Seizure of property may be lifted if: The need to apply seizure has disappeared The seizure was imposed without sufficient grounds The property does not meet the criteria of physical evidence The property is not subject to special confiscation or confiscation There are no risks of its concealment, damage, or disposal The rights of the owner of the property have been violated The property is not evidence in the criminal proceedings The seizure obstructs lawful activities or violates the rights of third parties The criminal proceedings have been closed or the person has been acquitted The seizure violates the rights of the owner (especially if the owner is not a suspect) There are no lawful grounds for the seizure (the property is not related to the crime) A person has the right to file a motion to lift the seizure of property in criminal proceedings at any time. 🛡 Who may file a motion to lift seizureUnder part 1 of Article 174 of the Criminal Procedure Code of Ukraine, the suspect, the accused, their defence counsel, legal representative, another owner or holder of the property, or the representative of a legal entity in respect of which the proceedings are conducted, who were not present when the issue of seizure of property was considered, have the right to file a motion to lift the seizure of property in full or in part. 🔑 Five steps: how to lift seizure of propertyStep 1: Identify the grounds for lifting the seizure — the motion may be granted if the property is not evidence, there are no lawful grounds for the seizure, and the seizure violates the owner’s rights.Step 2: Prepare the motion — the document must include: Details of the court to which it is submitted Information about the applicant (full name, address, contact details) Criminal case number and details of the ruling imposing seizure Legal reasoning for lifting the seizure with references to legislation A request to the court to lift the seizure Annexes: a copy of the ruling on seizure, title documents, and other evidence Step 3: File the motion with the court — the motion is submitted to the investigating judge at the place where the criminal proceedings are being considered.Step 4: Take part in the court hearing — the owner of the property, the prosecutor, the investigator, and other interested parties are summoned to the hearing on the motion.Step 5: Obtain the court decision — if the court grants the motion, the seizure is lifted and the relevant authorities (the bank, registration service, etc.) execute the decision. The motion is filed with the investigating judge or the court of the same territorial jurisdiction where the investigation is being conducted. 🛡 Lifting seizure from real estateWhen choosing effective ways to lift seizure from real estate, the circumstances under which the seizure was imposed are crucial. If the seizure in criminal proceedings was imposed at the pre-trial investigation stage, the ways to lift it include: Filing an appeal against the ruling of the investigating judge imposing seizure of property Filing a motion to lift the seizure of real estate If, after the seizure is imposed at the pre-trial stage, the case is transferred to court and trial proceedings begin, a motion to lift the seizure must be filed with the trial court that is hearing the case and has scheduled the preparatory hearing. 💰 Lifting seizure in civil and commercial proceedingsLifting seizure of property or funds in civil or commercial proceedings is carried out by appealing the court decision imposing seizure to the court of appeal, within the time limits and in the manner set by civil and commercial procedural law. Effective ways to lift seizure in such cases include: Filing an appeal (or cassation appeal) against the ruling on securing the claim Filing a motion to cancel the measure of securing the claim Filing a motion for counter-security If you have questions or difficulties related to this issue, it is advisable to seek an individual legal consultation to analyse your specific situation and develop a safe and realistic strategy. Yevhenii Murchenko, Head of Criminal Law and Procedure Practice at the law firm “WINNER”. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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Lifting account freezes: how to unblock your funds

Потрібна допомога адвоката? Залишай заявку Freezing a bank account does not mean a complete loss of access to your funds, especially during martial law, since the law sets clear grounds for lifting the freeze and temporary exemptions that allow you to use money even when enforcement proceedings are pending. ✅ Grounds for lifting an account freezeThe freeze on an account is lifted when: Enforcement proceedings are completed and the enforcement officer closes the case. The writ of execution is returned to the court that issued it. The court cancels interim measures (securing a claim) after the enforcement proceedings are completed. The debt is fully repaid, including the enforcement fee and expenses. It is established that the enforcement document is not subject to execution or the debtor’s obligations have ceased. The enforcement service receives sufficient funds to satisfy all creditors’ claims and cover fees and expenses. 🛡 3 steps to unfreeze your accountStep 1: Find out who froze your accounts and why — you can get this information from the Unified Register of Enforcement Proceedings or via the Diia portal.Step 2: Contact the enforcement officer — the State Enforcement Service or the private enforcement officer handling your case. If you have just learned about the debt or have already repaid it, submit a reasoned application requesting that the freeze on your account be lifted.Step 3: Apply to the court — if the application does not work, you as a debtor may file a complaint with the court. If you are not a party to the enforcement proceedings but the freeze affects your rights, file a claim asking the court to oblige the enforcement officer to lift the freeze.consultant. 💰 How to unfreeze a special-purpose account (salary, pension)If a special-purpose account is frozen, you must: File an application with the enforcement officer requesting to lift the freeze. Attach documents confirming the special status of the account, such as: A bank certificate with the account details A certificate from your employer A certificate from the Pension Fund A certificate from another authority that makes payments. To unfreeze a salary account, you must confirm its status by obtaining a bank certificate stating that this specific account is used for salary payments. The enforcement officer then issues a ruling cancelling the freeze on the “social” account, and unlawful restrictions can be challenged before the head of the enforcement department.just-dnipro. ⏰ Time limits for lifting the freezeAfter repayment, submit payment confirmations to the enforcement officer, who will inform the bank so that the account can be unblocked.The timing depends on when the bank receives the documents: During business hours — the freeze is lifted the same working day Outside business hours — the freeze is lifted on the next working day. 💵 Partial access to funds while the account is frozenDuring martial law, a frozen bank account does not always mean a complete financial blockade.A debtor may use funds from one current account within a monthly limit of two minimum wages (currently 16,000 UAH), by submitting an application to the enforcement officer to designate that account for spending transactions and specifying its details.news. 🛡 Challenging an account freezeIf you are not a party to the enforcement proceedings but the freeze affects your interests, you may file a claim asking the court to oblige the enforcement officer to lift the freeze.If a bank refuses to allow spending transactions, you may challenge its actions before the National Bank of Ukraine by calling the hotline, sending an email to nbu@bank.gov.ua, or submitting an online complaint form on the NBU website. ⚠️ Important to remember The fastest way to lift a freeze is to fully repay the debt The rules on freezing accounts in enforcement proceedings are now significantly limited by special wartime regulations To unblock an account, you must submit a written application to the enforcement officer In the application, refer to the latest amendments to the Law of Ukraine “On Enforcement Proceedings” Sample applications are available on websites of organizations that assist debtors A freeze may be lifted, in particular, when proceedings are completed, the writ is returned to the court, or interim measures (securing a claim) are cancelled. 🎯 Are your accounts frozen and you do not know how to lift the freeze?We can help: our legal services include analysing the reasons for the freeze, drafting a reasoned application, communicating with state and private enforcement officers, unfreezing salary and other protected accounts, challenging enforcement orders and bank actions, and representing you in court until full access to your funds is restored. Yevhenii Murchenko, Head of Criminal Law and Procedure Practice at the Attorneys’ Association “WINNER Law Firm”. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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Securing a claim: how it ensures enforcement of a court decision

Потрібна допомога адвоката? Залишай заявку Securing a claim is a set of interim measures that a court may apply upon a person’s application even before a decision in the case is rendered. It is an instrument that prevents the complication or impossibility of enforcing the judgment. ✅ What is securing a claim?Securing a claim is a set of special measures provided for by civil procedural legislation. Upon an application of the parties to the case, a judge or the court may take measures to secure the claim. The purpose of securing a claim is not to predetermine the winner of the dispute but to guarantee real and effective protection of rights. Securing a claim is in fact a guarantee of future enforcement of the court’s decision if the statement of claim is granted. Essentially, it means taking measures to protect the claimant’s interests from possible bad‑faith actions on the part of the defendant. 🔑 When is securing a claim applied?Securing a claim may be applied at any stage of the proceedings if failure to take such measures may complicate or make impossible the enforcement of the court’s decision. These measures are applied only where, without them, the enforcement of a future judgment or the protection of rights may become impossible or significantly complicated. Securing a claim is allowed both before filing a claim and at any stage of the case consideration. 🛡 Measures of securing a claim in civil proceedings Imposing an attachment (seizure) on property or funds belonging to the defendant and held by the defendant or by other persons. Prohibiting the defendant from performing certain actions. Prohibiting other persons from performing certain actions related to the subject matter of the dispute, including transferring property to the defendant or performing other obligations in relation to the defendant. Suspending the sale of property where a claim is filed for the release of property from seizure (removal from the inventory). Suspending enforcement under an enforcement document that is being challenged by the debtor in court. 🛡 Measures of securing a claim in administrative proceedingsThe Code of Administrative Procedure of Ukraine provides the following methods of securing an administrative claim: Staying the effect of an individual or regulatory legal act. Prohibiting the defendant from performing certain actions. Prohibiting other persons from performing actions relating to the subject matter of the dispute. Staying enforcement based on an enforcement document or another document under which enforcement is carried out in an undisputed (out‑of‑court) manner. ⏰ When should an application for securing a claim be filed?An application for securing a claim may be filed: Before filing the claim Together with the claim After the opening of proceedings The courts emphasize that securing a claim does not resolve the dispute on the merits, does not replace the future judgment, and is applied only where there is proper evidence. 📋 What should an application for securing a claim contain?The document must indicate: The court to which the application is submitted The parties — claimant and defendant The subject matter of the dispute — what exactly you seek to recover The justification for the necessity of measures — why, without securing the claim, enforcement of the judgment will be impossible The specific method of securing — attachment of property, prohibition of actions, etc. An official template of the application is available on court websites. ⚡ How quickly does the court consider the application?The court considers the application without delay, usually without summoning the parties. Based on the results, the court issues a ruling either granting or refusing to secure the claim. A ruling on securing a claim is subject to immediate enforcement in the manner prescribed for the enforcement of court decisions. 💰 Classical measures of securing a claimThe classical measures of securing a claim include: Prohibition on performing certain actions Attachment (seizure) of property or funds ⚠️ Important to remember Securing a claim is applied in all types of court proceedings — administrative, commercial, civil, and criminal Securing a claim does not resolve the dispute on the merits Measures are applied with due regard to the balance of the parties’ interests and the public interest The claimant has the right to file an application for securing a claim in the manner and with the requisites prescribed by law When recovering a debt, it is advisable to apply to the court simultaneously with filing the statement of claim, requesting securing of the claim by attaching (seizing) the debtor’s property 🎯 Not sure how to properly file an application for securing a claim?We can help! Our legal services related to securing a claim include: Analysing your case and substantiating the necessity of measures Drafting an application for securing a claim Filing the application with the court (before, together with, or after the claim) Representation in court during the consideration of the application Obtaining the court ruling on securing a claim Enforcing the ruling (attachment of property, prohibition of actions) Securing a claim in debt recovery cases Protection against unjustified securing of a claim Securing a claim is a guarantee that the debtor will not hide the property before the court’s decision is rendered! Contact us today and ensure real enforcement of your future court decision! Author – Svitlana Krutorohova, attorney at the Law Firm “WINNER”. https://www.youtube.com/watch?v=N9Rdi6CWE1s

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