Protection of a Debtor's Primary Residence
Ukrainian legislation for 2026 provides that a debtor's primary residence is shielded from seizure, provided the total debt does not exceed 20 times the minimum wage, which is approximately 172,000 hryvnias. If the debt is below this threshold, it is legally impossible to forcibly evict the debtor from their home. This protection is enshrined in the 'Law on Enforcement Proceedings,' which grants a special status to a person's sole dwelling.
An enforcement officer is required to seize the debtor's assets, even if the debt amount is below this limit. However, according to Article 48 of the Law, the officer cannot immediately proceed to seize the real estate. If the debt exceeds 172,000 hryvnias and the debtor has no other assets, the mechanism for selling the primary residence through the SETAM electronic trading platform may be initiated. These rules are part of ongoing reforms to Ukraine's enforcement system.
Legal Aspects of Eviction
The presence of children officially registered at the property is the strongest legal safeguard against eviction. An enforcement officer must obtain permission from child welfare authorities to evict a minor. Furthermore, these authorities can grant consent only on the condition that the child receives new housing that is not inferior to the previous one.
The sequence for asset seizure dictates that the following must be targeted first:
- cash funds,
- income,
- movable property,
- secondary real estate.
Simultaneously, even if the property is seized, the debtor retains the right to live in the apartment. However, they cannot sell, gift, or transfer it to relatives until the debt is fully repaid.
The legislative amendments concerning the protection of a debtor's primary residence aim to ensure social justice and protect the rights of individuals who may find themselves in difficult financial situations. Establishing clear thresholds for property seizure and requirements for enforcement officers can reduce the risks of unlawful evictions, especially when children reside in the home. This underscores the importance of balancing the rights of creditors with the social needs of the population.