of April 27, 2006 No. 590
About the extreme amount of compensation for expenses connected with consideration of civil, administrative and economic cases and procedure for their compensation for the account of the state
According to Articles 138, 140 Codes of civil procedure of Ukraine, Articles 135, 138 Codes of administrative legal proceedings of Ukraine, Article 128 of the Economic Procedure Code of Ukraine the Cabinet of Ministers of Ukraine decides:
1. Approve the extreme amount of compensation for expenses, the civil, administrative and economic cases connected with consideration, according to appendix.
2. Determine that:
when both parties on civil or administrative case are exempted from payment of court costs (except court fee), they are compensated for the account of the state in their actual size, but no more extreme amount of compensation of such expenses according to appendix;
The paragraph third is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 28.02.2018 No. 155;
compensation of legal costs to persons who tested them is performed by money transfer on their current accounts in bank institutions;
the basis for compensation of legal costs is the judgment.
3. Bring in the resolution of the Cabinet of Ministers of Ukraine of July 1, 1996 No. 710 "About approval of the Instruction about procedure and the amount of expense recovery and payment of remuneration to persons which are caused in bodies of inquiry, pretrial investigation, prosecutor's office, court or in bodies in which production there are cases on administrative offenses, and payments of judicial examination to the state research establishments for accomplishment by their workers of functions of experts and specialists" - with the changes made by the resolution of the Cabinet of Ministers of Ukraine of July 26, 2001 No. 869 (The Official Bulletin of Ukraine, 2001 p., No. 31, Art. 1396), following changes:
in introductory part of the resolution of the word and figures of "Article 71 of the Code of civil procedure of Ukraine" to exclude;
in the Instruction approved by the specified resolution:
in Item 1 of the word and figures "Article 71 of the Code of civil procedure of Ukraine" to exclude;
exclude Item 8.
4. Compensation of court costs (except court fee) on civil and administrative cases is performed for the account and within budgetary appropriations of courts which pass the relevant decision.
Compensation of court fee in civil, administrative and economic cases in the amount of, pro rata to the met requirements of the party, is performed according to Procedure for execution of decisions on money recovery state and local budgets or debtors, the approved resolution of the Cabinet of Ministers of Ukraine of August 3, 2011 No. 845 (The Official Bulletin of Ukraine, 2011, No. 61, Art. 2431; 2013, No. 9, Art. 334).
5. To the Ministry of Finance to provide Public judicial administration according to the appropriate budget program of means for compensation of court costs on civil and administrative cases.
Prime Minister of Ukraine
Yu.Ekhanurov
Appendix
to the Resolution of the Cabinet of Ministers of Ukraine of April 27, 2006 No. 590
Compensation in civil cases |
Compensation in administrative cases |
Compensation in economic cases |
Extreme size |
For the lost earnings - the party for benefit of which the judgment, and to her representative in connection with appearance in court is made |
for the lost earnings - the party for benefit of which the judgment is made and which is not subject of powers of authority, to her representative in connection with appearance in court |
|
it is estimated in each hour in proportion to the average salary of person calculated according to the paragraph third Item 2 of the Procedure for the calculation of the average salary approved by the resolution of the Cabinet of Ministers of Ukraine of February 8, 1995 No. 100; the general amount of payment cannot exceed the amount calculated for the corresponding period of time proceeding from the triple size of subsistence minimum for able-bodied persons |
For separation from regular occupations - the party for benefit of which the judgment, and to her representative in connection with appearance in court is made |
for separation from regular occupations - the party for benefit of which the judgment is made and which is not subject of powers of authority, to her representative in connection with appearance in court |
|
it is estimated in proportion to the size of the subsistence minimum for able-bodied persons established by the law for January 1 of calendar year in which the proceeding decision is made or legal proceeding is performed, and cannot exceed it the size estimated in the actual hours of separation from regular occupations |
Expenses: |
|
|
|
their stays connected with carrying out survey of proofs in the place and making of other actions necessary for consideration of the case |
their stays connected with carrying out survey of proofs in the place and making of other actions necessary for consideration of the case |
their stays connected with carrying out survey of proofs in the place and making of other actions necessary for consideration of the case |
cannot exceed 50 percent of the size of subsistence minimum for able-bodied persons for set of the actions necessary for consideration of the case |
connected with moving to other settlement and for employment of housing, - the party for benefit of which the judgment, and to her representative is made |
connected with moving to other settlement and for employment of housing, - the party for benefit of which the judgment is made and which is not subject of powers of authority, to her representative |
|
cannot exceed the regulations of expense recovery for business trip established by the legislation". |
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