How to protect the sole home of Defenders from enforcement over debts (+ template applications and complaint)

Publication date: July 10, 2026

For a serviceperson, losing their only home over debts is not merely a property problem — it is the risk of being left without basic security at a time when they are defending the state. Serhii Koshel, lawyer at the NGO Hromadska Platforma (Civic Platform), explains in detail what has changed in the legislation for servicepeople in debt and how the law protects military personnel and their families. He also provides practical algorithms and template documents.  

Changes in enforcement proceedings have not only a legal but also a human rights dimension. This is not about a “professional privilege” — it is about the state’s attempt to preserve a minimum standard of dignified life for those who serve and for their families.

The right to housing, the right to respect for private and family life, the principle of proportionality of state interference — these are not abstract formulas. In enforcement proceedings they decide a very concrete question: whether a person’s only home can be taken away.

Since 24 April 2026, additional guarantees have been in force in Ukraine for Defenders in cases where they have a debt being recovered on the basis of an enforcement document. Law No. 4833-IX changed the rules and established special protection for servicepeople’s sole home for the duration of martial law and for one year after it is ended or lifted. At the same time, the general debt threshold above which the question of enforcement against a sole home can be raised was increased.

But the main problem lies elsewhere. Many servicepeople and their family members have already heard about the new guarantees, yet often mistakenly believe that they take effect automatically. This is where the greatest risk arises. If no application is submitted to the enforcement officer, if status is not confirmed, and if the enforcement proceedings are not monitored, formal protection may remain nothing more than words on paper.

In this article we will look at exactly who the law protects, when enforcement against a sole home is prohibited, what the exceptions are, which documents need to be prepared, what a serviceperson’s family should do, and how to act if a state or private enforcement officer ignores the new provisions.

What changed for servicepeople in debt in 2026

After Law No. 4833-IX entered into force, the rules became tougher for debtors acting in bad faith, but at the same time more protective of servicepeople. This is an important balance. The state has not abolished the obligation to pay debts as such, but it has limited the possibility of taking a serviceperson’s sole home through the ordinary enforcement procedure.

There are two key changes.

1. The debt threshold for a sole home has been raised for all debtors

Enforcement against a debtor’s sole home and the plot of land on which it is located is now generally not carried out if the amount to be recovered does not exceed 50 minimum wages as set on 1 January of the relevant year.

In plain language, this means the following: if the debt does not reach the new threshold, the enforcement officer should not go down the route of selling the sole home. Other recovery instruments must be used first — funds, other property, the debtor’s income.

2. Separate temporary protection has been introduced for Defenders

For the duration of martial law in Ukraine and for one year from the day it is ended or lifted, enforcement is not carried out against the sole home of a debtor who is a serviceperson or against the plot of land on which that home is located.

But this guarantee does not work “of its own accord”. The serviceperson or their representative must notify the enforcement officer that they belong to the protected category, following the established procedure. That is why the new law should be read not as a promise that “your home definitely won’t be taken”, but as an instruction on “how to switch legal protection on properly”.

Who exactly the law protects

The law protects not every debtor with some connection to the military, but specifically defined categories of servicepeople performing military service on the territory of Ukraine.

The protected category includes servicepeople of:

• the Armed Forces of Ukraine;
• other military formations created in accordance with the laws of Ukraine;
• special-purpose law enforcement bodies;
• the National Guard of Ukraine;
• the State Special Transport Service;
• the State Service for Special Communications and Information Protection of Ukraine.

This is an important point. Not every status connected with the war automatically confers this guarantee. For example, one should not equate, without checking, a person liable for military service, a veteran, a reservist, a serviceperson’s family member, and a serviceperson who is directly serving on the day of application.

The law also establishes exceptions from the protected category. The guarantee does not extend to servicepeople:

• whose military service has been suspended;
• who, during martial law, left their military unit or place of service without authorisation;
• who deserted.

This is a strict but direct rule of the law. It means that when preparing an application, it is not enough to refer to service in general — you need a proper, current document confirming your status precisely as at the moment of application.

Does the law protect servicepeople’s families

This is one of the most frequent questions. And it is a very important one, because it is often families who are first to learn about asset freezes, letters from the enforcement officer, rulings, or attempts to sell property.

The short answer is this: the law directly protects a debtor who is a serviceperson, but the family can and should act in their interests if it has the appropriate authority to do so.

If the serviceperson cannot deal with the case personally

In practice this happens constantly. A person may be in a combat zone, in hospital, undergoing treatment, on rotation, or without a stable connection. In such cases the application to the enforcement officer can be submitted by the serviceperson’s representative.

The safest option is a notarised power of attorney. It is this that allows a family member or another trusted person to:

• approach a state or private enforcement officer;
• submit applications and motions;
• obtain copies of rulings;
• monitor the course of the enforcement proceedings;
• lodge complaints.

What matters for the family

Servicepeople’s families should not wait for the problem to “ripen”. If there is information about a debt, if enforcement proceedings have been opened, or if there is a risk of enforcement, the family needs to act proactively:

• check whether enforcement proceedings have been opened;
• find out exactly who is handling them;
• help the serviceperson obtain a current certificate of military service quickly;
• submit an application to suspend enforcement against the sole home;
• document every step.

Here the family often acts not simply as a “helper” but as the actual guarantee that the right will not be lost through silence, a missed deadline, or a plain lack of information.

Which housing counts as a sole home

In practice this question often becomes contentious. It is precisely around it that objections from the enforcement officer or creditor are built.

A sole home is a house or apartment that is the debtor’s only residential property for living in. Protection also extends to the plot of land on which such housing is located.

There are, however, several important nuances here.

Protection does not mean immunity for all property

The law does not prohibit enforcement against all of a serviceperson’s property indiscriminately. If a debtor has:

• another apartment;
• a summer house;
• non-residential premises;
• a car;
• funds in accounts;
• other property,

these do not fall under this special guarantee simply because the person is a serviceperson.

If the home is mortgaged, an exception applies

This is the most painful exception. If the home is the subject of a pledge or mortgage under an enforcement document on enforcement against pledged property, the special protection will not apply.

In plain language: if the home was mortgaged, the new law does not cancel the creditor’s right to enforce against it within the scope of that obligation.

If the debt relates to compensation for harm, protection also does not apply

The second group of exceptions concerns cases where a decision is being enforced on:

• compensation for losses;
• compensation for harm caused by a criminal offence;
• harm caused by mutilation;
• other injury to health;
• death.

Here the law gives priority to the interests of the injured person and the right to fair compensation.

Why the new protection does not work automatically

This is where servicepeople and their families make the most mistakes.

The law does not oblige the enforcement officer to “work it out for themselves” that the debtor is a serviceperson and that their home must be protected. What is more, even if certain information is held somewhere in the registers, that is not enough to guarantee that the new provision will be applied.

For protection to take effect, a formal legal step is needed — submitting an application to the enforcement officer.

This may look harsh, but this is how the law works. It often protects not the person who is “right in substance”, but the person who recorded their position properly and on time.

How to submit an application to suspend enforcement against a home

The procedure is established by separate amendments issued by the Ministry of Justice. It is this procedure that makes the law “live” in practice.

Who can submit the application

The application can be submitted by:

• the debtor-serviceperson themselves;
• their representative.

Where to submit it

The application is submitted:

• to the state enforcement service body, if the proceedings are being conducted by a state enforcement officer;
• to the private enforcement officer, if the proceedings are with them.

In what form it can be submitted

The application can be submitted:

• in paper form in person;
• by post;
• electronically to the official email address of the enforcement officer or the state enforcement service body, provided the requirements for electronic documents are met.

What the application must contain

The application must clearly set out details of the home, namely:

• the type of housing — apartment or house;
• the location — the exact address.

Without this, the application may be considered incomplete or as not allowing the guarantee to be applied unambiguously to a specific property.

Which document is attached to the application

A certificate confirming military service on the territory of Ukraine must be attached to the application.

And here there is a crucial detail: such a certificate must have been issued no earlier than 10 calendar days before the day the application is submitted.

It is this requirement that often causes formal problems. If a person uses an old certificate, even a truthful one, the enforcement officer may cite non-compliance with the procedure.

What the enforcement officer must do on receiving the application

This is one of the strongest provisions of the new procedure.

On receiving the application and the supporting document, a state or private enforcement officer is obliged to suspend enforcement against the sole home no later than the next working day.

If the property has already been transferred for sale, the enforcement officer must issue a ruling suspending the forced sale and, on the day it is issued, send it to the organiser of the electronic auctions.

In other words, the legislator did not merely allow people to apply — it also set the enforcement officer a very short deadline for responding. This matters, because in housing cases a delay of even a few days can have critical consequences.

Step-by-step instructions for a serviceperson or their family

Step 1. Check whether enforcement proceedings have been opened

First of all, you need to establish whether enforcement proceedings genuinely exist, who is handling them, and what their number is.

For this you can use:

• the Diia app or portal;
• the Automated Enforcement Proceedings System;
• the Unified Register of Debtors.

Without these details it is difficult to go any further. It is precisely the proceedings number and the enforcement officer’s details that make it possible to submit the application to the right address.

Step 2. Determine whether the situation falls under protection

You need to check three things honestly:

• whether the debtor holds serviceperson status within the protected category;
• whether the housing in question is genuinely the sole home;
• whether one of the exceptions applies — mortgage or compensation for harm.

If the home is mortgaged, or if the enforcement relates to harm caused by a crime, the new guarantee will not help.

Step 3. Obtain a current certificate of military service

Do not use old documents “just in case”. The certificate must be fresh, issued within the prescribed period.

It is better to obtain several copies at once, or to prepare both paper and electronic versions.

Step 4. Prepare the application

The application must state:

• the debtor’s full name;
• the enforcement proceedings number;
• the enforcement officer’s details;
• a reference to membership of the protected category;
• a request to suspend enforcement against the sole home;
• the type of housing;
• the exact address;
• a list of the attached documents.

Step 5. Submit the application so that proof remains

The safest approach is to submit the application in a way that later allows you to prove the fact and date of your application.

Suitable options include:

• a receipt stamp;
• a registered letter with a list of enclosures;
• an email with confirmation of sending;
• other technical evidence.

Step 6. Check the response on the next working day

Do not assume that everything is settled once you have sent the application. You need to check:

• whether a ruling has been issued;
• whether the documents have been added to the case file;
• whether action in respect of the home has ceased;
• whether, if the property was up for auction, the ruling has been sent to the auction organiser.

Step 7. If the enforcement officer fails to act, move to a complaint

If the enforcement officer does not respond, drags things out, or refuses to apply the guarantee, a complaint needs to be prepared.

And here it is important not to miss the deadlines.

What to do if the enforcement officer ignores the application or continues enforcement

Inaction by an enforcement officer is not uncommon. But in such cases you cannot limit yourself to an emotional phone call or verbal indignation. A clear legal response is needed.

1. Record the violation in writing

First, it is worth sending a written appeal or a repeat motion demanding that the officer:

• report the outcome of consideration of the application;
• provide a copy of the ruling;
• cease action in respect of the home;
• explain the reasons for the inaction.

2. Prepare a complaint

In the event of a violation, you can:

• lodge a complaint with a higher body of the state enforcement service or with the Ministry of Justice;
• file a court complaint against the enforcement officer’s decisions, actions or inaction.

3. Remember the deadline

The Supreme Court has emphasised that in cases challenging the decisions, actions or inaction of a state enforcement officer under civil procedure, a 10-day period counted in calendar days applies, not in working days.

This is critical. It is at this stage that people most often lose their chance of protection — not because of a weak legal position, but through simply missing the deadline.

Where to turn for help

When it comes to housing, you should not be left alone with the procedure. This is especially so if the serviceperson is on duty, on a posting, in a combat zone, or physically unable to handle the case themselves.

Bodies and services that can help

The Ukrainian Parliament Commissioner for Human Rights

If there is a risk of the right to housing being violated, or of delay or disregard of the guarantees, an appeal to the Ombudsman can become an important additional instrument of protection.

Lawyers of the LDN network

For servicepeople’s families, what is often most valuable is not simply knowing the law but understanding how to act step by step without unnecessary formality. This is where Legal Development Network lawyers can help, through consultation materials and online assistance.

The Ministry of Justice of Ukraine

Through the Ministry of Justice and its services you can verify information and find details of enforcement proceedings and contact details for enforcement officers.

The most common mistakes made by servicepeople and their families

1. Assuming protection will switch on automatically. This is the most dangerous illusion. Without an application and a certificate, the guarantee may not take effect.

2. Submitting an old certificate. Even where the status is genuine, an old certificate can become a formal basis for problems.

3. Not checking whether the home is mortgaged. People often hear about housing protection and fail to notice that an exception applies in their situation.

4. Confusing protection of the home with protection of all property. The new rules do not mean that the enforcement officer cannot freeze funds, enforce against other property, or work with accounts.

5. Missing the deadline for challenging. Even a strong legal position will not help if the complaint is filed too late.

Questions and answers

Can a serviceperson’s sole home be taken during martial law? As a general rule, no — provided the serviceperson belongs to the protected category, has duly notified the enforcement officer, and no exceptions apply.

Does the protection extend to the land under the house? Yes. The law expressly covers not only the home but also the plot of land on which it is located.

Can a wife or husband submit the application instead of the serviceperson? Yes, if they are acting as a representative and hold the appropriate authority, in particular a power of attorney.

If the home is mortgaged, does the law still protect it? No. A mortgage is a direct exception.

Does this apply only to apartments? No. It covers both an apartment and a house, if it is the debtor’s sole home.

Can you simply phone the enforcement officer and explain everything? No. An explanation over the phone does not replace a written application with the documents attached.

On debts and human rights

Enforcement proceedings are traditionally seen as a “technical” stage. There is a debt, there is a document, there is an enforcement officer, the money must be recovered. But when it comes to a sole home, the matter goes far beyond dry procedure.

The loss of one’s only home is the deepest interference in private and family life. That is precisely why European standards require such situations to be assessed with particular care. The state has the right to ensure that decisions are enforced, but it cannot do so disproportionately, ignoring the human dimension.

For Defenders this principle carries an even stronger moral weight. A person performing their military duty should not lose their home simply because they physically did not manage to respond to a letter in time or did not know about the formal application procedure. That is why the new guarantees should be seen as an instrument for protecting human dignity.

Law No. 4833-IX has given Defenders a real additional instrument of protection in enforcement proceedings. For the duration of martial law and for a year after it ends, a serviceperson’s sole home should not become the object of enforcement, provided the person belongs to the protected category and has used the procedure correctly.

But this provision does not work “on its own”. It requires three things from the serviceperson or their family: knowing about the right, submitting the application, and monitoring the enforcement proceedings.

The greatest risk today is not that the law is weak. The greatest risk is that people learn about it too late or apply it incorrectly.

So the best strategy is not to wait for the threat of a sale, but to act in advance. Check whether enforcement proceedings exist. Prepare the certificate. If necessary, arrange representation for a family member. Submit the application to the enforcement officer. And if the law is ignored, challenge it quickly and in writing.

It is this sequence that most often saves not only property but also a sense of legal security.

Checklist for a serviceperson or family

• Check whether enforcement proceedings exist.
• Find out who is handling the case: a state or a private enforcement officer.
• Make sure this really is the sole home.
• Check that no exception applies: mortgage or compensation for harm.
• Obtain a current certificate of military service.
• Prepare the application, stating the type of housing and the address.
• Submit the application with proof of sending or delivery.
• Check the enforcement officer’s response on the next working day.
• In the event of a violation, prepare a complaint immediately.
• If needed, turn to the free legal aid system, the Ombudsman, or Legal Development Network lawyers.

Useful links

• Digitalisation of court proceedings: the risks and promises of procedures without delays
• How to unblock a bank card frozen by a court decision
• What credit concessions servicepeople and their families have during the war
• Enforcement on the basis of an executory endorsement: can it be contested

Legal framework

1. Law of Ukraine No. 4833-IX of 07.04.2026, On Amendments to Certain Legislative Acts of Ukraine Regarding the Improvement of the Procedure for Enforcing Court Decisions and Decisions of Other Bodies and the Digitalisation of Individual Stages of Enforcement Proceedings.
2. Law of Ukraine “On Enforcement Proceedings” No. 1404-VIII.
3. Order of the Ministry of Justice of Ukraine of 21.05.2026 No. 1337/5, On Approval of Amendments to Certain Regulatory Legal Acts of the Ministry of Justice of Ukraine.

Supreme Court case law

1. Supreme Court judgment of 15.02.2023 in case No. 2-537/11 The approach to enforcement against a debtor’s immovable property in which children are registered; assessment of children’s rights and interests, the debtor’s good faith, and the availability of other housing.
2. Supreme Court judgment of 04.01.2024 in case No. 344/16496/17 Enforcement against unregistered immovable property is possible only as a measure of last resort, once other means of enforcement have been exhausted.
3. Supreme Court judgment of 18.04.2022 in case No. 640/19274/20 Where an account has a special regime of use, or where funds may not be subject to enforcement, the freeze is to be lifted once documentary confirmation has been provided.
4. Supreme Court judgment of 01.10.2025 in case No. 497/2150/24 The ten-day period for challenging an enforcement officer’s actions in civil proceedings is counted in calendar days, not working days.

Template documents for download:

1. Application to suspend enforcement against a sole home
2. Application from a representative or family member acting under a power of attorney
3. Complaint against an enforcement officer’s inaction

1. Application to suspend enforcement against a sole home — download

2. Application from a representative or family member — download

3. Complaint against an enforcement officer’s inaction — download

This material was produced by the Legal Development Network public union with the support of the international charitable platform GlobalGiving. The content of this publication is the sole responsibility of the Legal Development Network.

Cover photo for the article: depositphotos.com

Отримайте поглиблену консультацію через чатбот LawLink

If you have notices an error on the web-site, please, highlight the text and press ctrl-enter.