Date of entry into
force:
November 1, 2011
(Abstract)
According to Article 1, court fee is a fee collected on the entire
territory of Ukraine for filing notifications of claim and complaints to
courts, and for the issuing of documents by courts; it is included in court
expenses.
The payers of court fee are: citizens of Ukraine, foreigners, stateless
persons, enterprises, institutions, organizations, other legal entities
(including foreign ones), and natural persons – entrepreneurs that address
courts.
Article 3 of the Law envisages that court fee is charged for:
·
submitting to
court a notification of claim or other notifications provided for by procedural
legislation;
·
submitting to
court an appeal and cassation appeal of court decisions, petition to review the
court decision due to discovery of new facts, petition to issue an executive
document for compulsory execution of an arbitration court decision, and
petition to review court decisions in the Supreme Court of Ukraine;
·
issuing of
documents by courts.
Court fee is not charged for submitting the following documents:
·
petition to review
a court decision in the Supreme Court of Ukraine in case of violation of
international obligations by Ukraine during a court resolution of a case was
established by an international judicial body whose jurisdiction is recognized
by Ukraine;
·
petitions to
cancel a court order;
·
petition to change
or establish the means, procedure and timeframe for executing a court decision;
·
petition to
reverse execution of a court decision;
·
petition to issue
an additional court decision;
·
petition to
dissolve marriage with a person which has been declared missing or legally
incapable, according to the procedure established by law, or with a person
sentenced to incarceration for a term of at least three years;
·
petition to
establish the fact of injury, if it is necessary to assign payment of
disability pension or receive benefits under compulsory state social insurance;
·
petition to
establish the fact of death of a person gone missing under circumstances that
constituted a death threat or give reasons to believe them dead through a
specific accident caused by man-made emergencies or natural disasters;
·
petition to limit
the civil capacity of a natural person, declare a natural person legally
incapable or restore the civil capacity of a natural person;
·
petition to grant
full civil capacity to a minor;
·
petition to render
compulsory psychiatric aid to a person;
·
petition for
compulsory admission to a tuberculosis treatment facility;
·
notification of
claim to compensate for damages caused to a person by illegitimate decisions,
actions or inaction of a body of state power, power body of the Autonomous
Republic of Crimea or a body of local self-government, their civil servant or
official, or illegitimate decisions, actions or inaction of bodies of inquiry,
bodies of pre-trial investigation, prosecution bodies or court bodies;
·
petition to
protect the rights of infants or minors in case their interests are represented
in court by the Ministry of Justice of Ukraine and/or child protection services
or the service in the issues of children, according to a law or international
agreement acknowledged as obligatory by the Verkhovna Rada of Ukraine.
Court fee rates are envisaged in Article 4 of the Law.
Article 5 of the Law establishes concessions on court fee payment.
According to Article 6 of the Law, court fee is paid in cash or by wire
transfer, exclusively through bank institutions or post offices. Court fee for
submitting a notification of claim that is both property-related and
non-property-related is paid at the rates established for property-related and
non-property-related notification of claims. Court fee for submitting
notifications of counter-claim and notifications of intervention with
independent stated claims is charged according to the standard procedure. If a
notification of claim is submitted simultaneously by several plaintiffs against
one or several defendants, court fee is calculated using the total amount of
claim and paid by each plaintiff proportionate to their share of the amount of
claim, under a separate payment order. The total amount of claim is also used
to calculate court fee in the following cases:
·
a claim is
submitted by one plaintiff against several defendants;
·
several
notifications of claims of the same kind are joined into one proceeding by the
judge.
The paid amount of court fee is refunded by approval of court in the
following cases:
·
decrease in the
amount of claims or payment of court fee in the amount that exceeds the amount
established by law;
·
return of the
notification or complaints;
·
refusal to
initiate judicial proceedings on the case;
·
failure to review
the notification or complaint (except for cases where such notifications or
complaints were left without review due to the repeated non-attendance of the
plaintiff or by petition of the plaintiff);
·
completion of
judicial proceedings on the case.
Court fee is paid at the territory of proceedings and transferred to the
special fund of the State Budget of Ukraine. The amounts of court fees are
directed to ensure the execution of justice, improve the state of material and
technical resources of courts, including creation and ensuring of functioning
of the Unified Court Information System, the judicial power web-portal, local
computer networks, modern court proceedings recording systems, purchase and
maintenance of computer and copy equipment, implementation of digital
signatures, and other needs (Article 9 of the Law).
The Law also introduces appropriate amendments to the Commercial and
Procedural Code of Ukraine, the Civil Procedural Code of Ukraine, the Code of
Administrative Proceedings of Ukraine, the Laws of Ukraine "On Consumer
Rights Protection", "On Access to Judicial Decisions", "On
Execution Procedure", and the Decree of the Cabinet of Ministers of
Ukraine "On State Duty".
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