Legal Department
The court fee will be charged in a new way
The Plenum of the Supreme Specialized Court of Ukraine for Civil and Criminal Cases by order dated September 25, 2015 No. 10 changed the resolution on the application by courts of the legislation on court costs in civil cases.
It is established that if the claim of non-property is served simultaneously by several plaintiffs to one or several defendants, the court fee is paid each plaintiff a separate payment document in the amount established in accordance with article 4 of the Law "On court fee" for filing a claim of non-property nature.
It is also clarified that the rates of court fee are based on the size of the minimum wage established by law on 1 January of the calendar year in which the relevant statement is claimed, other statement, and the complaint filed in court. This applies, in particular, cases where the application for securing a claim or evidence, the appeal or complaint is served later. While rates of court fee are determined by the size of the minimum wage established in the year when the statement claim, other statement, the complaint were filed in the court.
If a claim is left by court without consideration of the grounds provided for by part one of article 207 of the Civil Procedure Code, and the plaintiff, under part two of this article, again, addressed to the court with the same lawsuit, a court fee is payable on a common basis.
Also it is provided, that the court fee for filing appeals and cassation against the decision of the court shall be paid in a certain amount based on the rate of court fee, payable when filing the statement of claim, statements and complaints, regardless of the appealed amount.
Explains how the court verifies the enrollment fee in a special Fund of the state budget. So, the payment order must be signed by a responsible Executive of the Bank and sealed with the seal of the Agency Bank with a mark about date of admission and date of payment of execution order. Courts should examine such enrollment, using the methods prescribed by the code of Civil Procedure, in particular if necessary to obtain such information from the State Treasury Service, which provides Treasury Services to the Fund.
The question of the return of the paid amount of court fee is decided by the court by results of consideration of cases on petition of the person paying it, which corresponds to the principle of disposal of civil proceedings.
The paid amount of court fee is returned not only in case of refusal to open the proceedings in the court of first instance, but in case of refusal to open appellate and cassation proceedings.
It is established that if the claim of non-property is served simultaneously by several plaintiffs to one or several defendants, the court fee is paid each plaintiff a separate payment document in the amount established in accordance with article 4 of the Law "On court fee" for filing a claim of non-property nature.
It is also clarified that the rates of court fee are based on the size of the minimum wage established by law on 1 January of the calendar year in which the relevant statement is claimed, other statement, and the complaint filed in court. This applies, in particular, cases where the application for securing a claim or evidence, the appeal or complaint is served later. While rates of court fee are determined by the size of the minimum wage established in the year when the statement claim, other statement, the complaint were filed in the court.
If a claim is left by court without consideration of the grounds provided for by part one of article 207 of the Civil Procedure Code, and the plaintiff, under part two of this article, again, addressed to the court with the same lawsuit, a court fee is payable on a common basis.
Also it is provided, that the court fee for filing appeals and cassation against the decision of the court shall be paid in a certain amount based on the rate of court fee, payable when filing the statement of claim, statements and complaints, regardless of the appealed amount.
Explains how the court verifies the enrollment fee in a special Fund of the state budget. So, the payment order must be signed by a responsible Executive of the Bank and sealed with the seal of the Agency Bank with a mark about date of admission and date of payment of execution order. Courts should examine such enrollment, using the methods prescribed by the code of Civil Procedure, in particular if necessary to obtain such information from the State Treasury Service, which provides Treasury Services to the Fund.
The question of the return of the paid amount of court fee is decided by the court by results of consideration of cases on petition of the person paying it, which corresponds to the principle of disposal of civil proceedings.
The paid amount of court fee is returned not only in case of refusal to open the proceedings in the court of first instance, but in case of refusal to open appellate and cassation proceedings.