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DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE

of May 13, 2024 No. 6-r (II)/2024

On case on the constitutional claim of Lopushansky Vladimir Mikhaylovich concerning compliance of the Constitution of Ukraine (constitutionality) of part two of Article 3, the subitem 9 of Item of 1 part two of article 4 of the Law of Ukraine "About court fee" (case on obligation of the judgment)
(Extraction)

Case No. 3-187/2023(351/23)

The second senate of the Constitutional Court of Ukraine in structure:

Golovaty Sergey Petrovich (chairman of meeting),

Gorodovenko Victor Valentinovich,

Lemak Vasily Vasilyevich,

Moysik Vladimir Romanovich,

May Day Oleg Alekseevich,

Yurovskaya Galina Valentinovna (speaker),

No. 3674-VI considered at plenary meeting case on the constitutional claim of Lopushansky Vladimir Mikhaylovich concerning compliance of the Constitution of Ukraine (constitutionality) of part two of Article 3, of the subitem 9 of Item of 1 part two of article 4 of the Law of Ukraine "About court fee" of July 8, 2011 (Sheets of the Verkhovna Rada of Ukraine, 2012, No. 14, the Art. 87) with changes.

Having heard the judge-speaker Yurovskaya G. V. and having researched case papers, in particular line items which stated: President of Ukraine Zelensky V. A., Chairman of the Verkhovna Rada of Ukraine Stefanchuk R. A., Minister of Justice of Ukraine Malyuska D. L., scientists: The state higher educational institution "Uzhhorod National University" - the doctor of jurisprudence, professor, the director of Research institution of the comparative public law and international law of the Uzhhorod national university Savchin M. V.; National university "Odessa Legal Academy" - the member of Scientific and advisory council of the Constitutional Court of Ukraine, the doctor of jurisprudence, professor, the head of the department of civil, notarial and executive process, professor of department of the civil law Golubeva N. Yu., doctor of jurisprudence, professor Andronov I. V.; National legal university of Yaroslav the Wise - the head of the department of civil justice and legal profession, the doctor of jurisprudence, professor Gusarov of K. V.; Chernivtsi National University of Yury Fedkowitscha-head of the department of procedural law, doctor of jurisprudence, professor Shcherbanyuk O. V., associate professor of procedural law, Candidate of Law Sciences Ostafiychuk L. A.,

Constitutional court of Ukraine

accepted:

1. Recognize not corresponding to the Constitution of Ukraine (are unconstitutional), part the second Articles 3, the subitem 9 of Item of 1 part two of article 4 of the Law of Ukraine "About court fee" of July 8, 2011 as No. 3674-VI with changes that they do possible collection of court fee when giving appeal and the writ of appeal on the determination of court decided by results of consideration of the claim to the decision, action or failure to act of the state contractor or other official of body of the public executive service or the private contractor during execution of the judgment made according to the Code of civil procedure of Ukraine.

2. Article part two 3, the subitem 9 of Item of 1 part two of article 4 of the Law of Ukraine "About court fee" of July 8, 2011 No. 3674-VI with changes, acknowledged unconstitutional in the specified aspect, lose force in six months from the date of acceptance by the Constitutional Court of Ukraine of this Decision.

3. To the Verkhovna Rada of Ukraine to bring the specified normative regulation into accord with the Constitution of Ukraine and this Decision.

4. The solution of the Constitutional Court of Ukraine is obligatory, final and cannot be appealed.

The solution of the Constitutional Court of Ukraine is subject to publication in "the Messenger of the Constitutional Court of Ukraine".

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