THE RESOLUTION OF THE PLENUM OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES

of October 17, 2014 No. 10

About application by courts of the legislation on court costs on civil cases

For the purpose of ensuring the correct and identical application by courts of the legislation on court costs on civil cases, being guided by article 36 of the Law of Ukraine "About judicial system and the status of judges", the plenum of the Supreme specialized court of Ukraine on consideration of civil and criminal cases decides to make to courts the following explanations:

1. Court costs - the expenses (money) of the parties, other persons participating in case suffered by them in connection with its consideration and the decision provided by the law, and in cases of their exemption are expenses of the state which it incurs in connection with the solution of specific case.

The convention on human rights protection and fundamental freedoms (ROME, 4.XI.1950), the Recommendation of the measures facilitating access to justice No. R(81)7, accepted by Committee of ministers of the Council of Europe on May 14, 1981, and the practician of the European Court of Human Rights in case of application of this Convention do not recognize need of payment of court costs as restriction of the right to appeal to the court. At the same time, considering provisions of Item 1 of article 6 of the Convention and precedential practice of the European Court of Human Rights (in particular, the decision of June 19, 2001 on case "Kreuz against Poland" (Kreuz v. Poland)), payment of court costs shall not interfere with access to court, complicate this access thus and in such degree to do harm to the essence of this right, and shall pursue the legal aim.

With respect thereto when implementing justice on civil cases courts shall resolve the issues connected with court costs (of delay and payment by installments of court costs, reduction of their size or release from their payment), in strict accordance with the Code of civil procedure of Ukraine (further - GPK), the Law of Ukraine of July 8, 2011 No. 3674-VI "Of court fee" (further - the Law No. 3674-VI), and also other regulatory legal acts of Ukraine, providing at the same time proper balance between interests of the state in collection of court fee for hearing of cases, on the one hand, and interests of the claimant (applicant) about possibility of appeal to the court, on the other hand.

2. According to Chapter 8 of the Section I GPK court costs consist of the court fee and expenses connected with consideration of the case.

Certain GPK types of court costs is exhaustive therefore the obligation cannot be assigned to the parties and other persons participating in case to incur other expenses, not stipulated by the legislation. The structure of court costs by its separate types is not exhaustive.

The procedure for distribution and compensation of court costs is regulated only by GPK. The specified expenses are not losses in sense of Article 22 of the Civil code of Ukraine (further - group of companies), are not part of the price of the claim and cannot be levied as losses.

3. Procedure for appeal to the court behind judicial protection are settled by GPK. Filing of application in court shall happen to observance of certain conditions. In particular, 119 GPK are provided by Article part five that the document confirming payment of the state fee is enclosed to the action for declaration. So, if payment of court fee according to requirements of the law is obligatory, then consequence of non-compliance with this condition is leaving of the action for declaration without movement and if the document confirming payment of the state fee (Article part five 119 GPK) will not be submitted in time, established by court, - recognition of the statement not given and its return to the claimant (Article of 121 GPK) or leaving of the statement without consideration (Item 8 parts one of Article 207 GPK).

At the same time, if the claimant (applicant) declares the petition for delay or payment by installments of court fee, reduction of its size or release from its payment according to Article 82 GPK, then effects, stipulated in Article 121 GPK, are applied only on condition of refusal in satisfaction of such petition about what the relevant decree is issued.

4. Articles 3 and 4 of the Law No. 3674-VI determine subjects of collection of court fee, its sizes and the list of the actions for declaration or other statements provided by the procedural legislation for which provision court fee is not levied.

The list of actions for declaration (statements, claims, actions) provided in Items 1, 4 parts two of article 4 of the Law No. 3674-VI for which provision in court or for making of which by court rates of court fee are established on the content is exhaustive. Therefore, collection of court fee from other actions for declaration (statements, claims) which are filed a lawsuit, are not specified in part two of article 4 of the Law 3674-VI is not provided, for example, for submission of claims to decisions, actions or failure to act of the state contractor or other official of the public executive service.

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