Protection of Military Personnel’s Sole Residence in Enforcement Proceedings: An Analysis of the Provisions of Law No. 4833-IX

The legislature amended the Law of Ukraine “On Enforcement Proceedings” with paragraph 10¹³, which temporarily restricts the possibility of enforcing a judgment against the debtor’s sole residence if it falls within a protected category.

Under the new provisions, for the duration of martial law and for one year following its termination or repeal, it is prohibited to seize a debtor’s sole residence and the land plot on which it is located if the debtor belongs to a protected category defined by law.

At the same time, the law provides for exceptions where foreclosure on the sole residence is permitted even for persons in the protected category. 

• First, these are cases where such property is subject to a pledge (mortgage) under an enforcement document for the enforcement of a pledge on the pledged property;
• Second, the restriction does not apply in cases involving compensation for losses and damages caused by a criminal offense, injury, other harm to health, or death.

This approach reflects the legislature’s desire to maintain a balance between the social protection of military personnel and the rights of victims and creditors.

At the same time, the Law stipulates that this guarantee is not automatic. The individual must independently apply to a state or private enforcement officer—depending on which entity is handling the enforcement of the enforcement document—with a corresponding application and documents confirming their status.

The law defines the following categories of military personnel as protected:

• the Armed Forces of Ukraine;
• other military formations and special-purpose law enforcement agencies established in accordance with the laws of Ukraine;
• the National Guard of Ukraine;
• the State Special Transport Service;
• the State Special Communications and Information Protection Service of Ukraine, who are performing military service on the territory of Ukraine

At the same time, the legislature has explicitly excluded from this list individuals whose military service has been suspended, as well as those who have left their military unit or place of military service without authorization or have deserted.

Particular attention should be paid to the mechanism for implementing this guarantee. Upon receiving the application, the enforcement officer is obligated, no later than the next business day, to suspend the enforcement of the debtor’s residential property or halt its sale if the property has already been put up for sale. 

However, it is worth noting that the enforcement officer does not suspend enforcement proceedings against such property if the enforcement proceedings are at the stage of distributing the monetary amounts collected from the debtor (including those received from the sale of the debtor’s property).

A key element of the new procedure is the ability to verify the debtor’s status. The State Enforcement Service or a private enforcement officer has the right to contact the relevant government agencies and regional social services centers to confirm that the individual belongs to a protected category. A response to such a request must be provided within ten calendar days. In addition, the debtor is required to notify the enforcement officer of the loss of protected status within ten days.

Overall, the changes introduced by Law No. 4833-IX demonstrate the state’s commitment to adapting the enforcement proceedings system to the conditions of martial law and providing additional social safeguards for military personnel. At the same time, the effectiveness of implementing these provisions will largely depend on proper enforcement practices, prompt coordination among government agencies, and maintaining a balance between the interests of debtors and creditors.

However, for these guarantees to actually work, military personnel must know their rights and promptly submit the relevant application to the enforcement officer. Today, awareness is becoming one of the main means of legal protection.