Peculiarities of collecting alimony from military personnel and prisoners of war under martial law

The article is devoted to the study of the issue of legal regulation of the collection of alimony in martial law from military personnel and prisoners of war in connection with the introduction of martial law on the territory of Ukraine, the conduct of large-scale hostilities and the mobilization of the population. Therefore, with the beginning of a full-scale war, the issue of the collection of alimony from military personnel has become quite relevant. After all, there is a civilian part of the life of military personnel along with military service. Also, there are cases of capture of Ukrainian military personnel. After being captured, a military personnel acquires the legal status of a prisoner of war. The obligation to pay alimony does not cease even after the military personnel is captured. Today, among military personnel there may be persons who have acquired the status of a debtor within the framework of enforcement proceedings for the collection of alimony. At the same time, there are no problems with the regulation of the collection of alimony from military personnel, however, there are certain difficulties with the collection of alimony from a prisoner of war. Today, the legislation does not establish any restrictions on the collection of alimony from military personnel. Military personnel, like civilians, pay alimony on a general basis and from all types of cash receipts (except for those that are not permanent). The study of the issue of collecting alimony from military personnel and prisoners of war is aimed at clarifying the problems of their collection from debtors, finding a balance between protecting the property interests of both parties. That is, the purpose of studying this problem is aimed not only at finding a mechanism for collecting alimony, but also at the issue of protecting the property interests of the debtor and the interests of the child in such cases. Today, there are certain inconsistencies between the norms of the legislation and the regulatory legal acts of international law, and the problem of applying national legislation to harm the interests of the child and the debtor. It becomes necessary to find ways to solve the problem of ensuring the interests of the child within the framework of enforcement proceedings against a military debtor or prisoner of war. In national legislation, there is a dual legal nature of alimony, which causes the need to protect the rights of the child and the need for legal and social protection of military personnel. There are also problems with the collection of alimony from mobilized military personnel, and therefore, negative consequences arise when the proceedings for the collection of alimony are suspended and there are no other possibilities for their collection.