Features of payment of court fees in civil cases

Saturday July 9th, 2016

Judicial fee is a fee levied throughout Ukraine for the submission of applications, complaints to the court, for the issuance of documents by courts, as well as in the case of individual court decisions under this Law.

The Law of Ukraine “On Court Fees” differentiates the rate of court fees for filing claims of property or non-property nature.

Therefore, it is very important to correctly establish whether the requirements are property or non-property. To properly clarify this, it is also necessary to take into account the clarifications set out in paragraph 6 of the resolution of the plenum of the High Specialized Court of Ukraine for Civil and Criminal Cases of March 30, 2012 № 5 “On the practice of law enforcement in resolving disputes arising from credit relations “.

Determination of the value of the property, setting the price of the claim, and accordingly the amount of the court fee is entrusted to the plaintiff, according to Article 80, paragraph 4 of the second part of Article 119 of the Civil Procedure Code of Ukraine.

Part 1 of Article 80 of the Civil Procedure Code of Ukraine provides an algorithm for determining the price of the claim. Thus, in lawsuits for the recovery of funds, the price of the claim is determined by the amount that is collected; in claims for recognition of ownership of property or its claim – the value of the property; in claims for the recovery of alimony – the sum of all payments, but not more than six months; in claims for urgent payments and disbursements – the totality of all payments or disbursements, but not more than three years; in claims for indefinite or lifetime payments and disbursements – a set of payments or disbursements for three years; in claims for reduction or increase of payments or disbursements – the amount by which payments or disbursements are reduced or increased, but not more than for one year; in claims for termination of payments or disbursements – a set of payments or disbursements remaining, but not more than one year; in claims for termination of the lease agreement or lease agreement – a set of payments for the use of property or housing for the period remaining until the end of the agreement, but not more than three years; in claims for ownership of real estate owned by individuals on the right of private property – the actual value of real estate, and real estate owned by legal entities – not less than its book value; in lawsuits consisting of several separate claims – the total amount of all claims.

What to do in the case when, at the time of filing a lawsuit, it is impossible to establish the exact price of the lawsuit and, accordingly, it is necessary to calculate the amount of court fees? In this case, in accordance with Part 2 of Article 80 of the CPC of Ukraine to apply to the court for a preliminary determination of the court fee by the court itself, followed by recovery of unpaid or refund of overpaid court fee.

It is very often the case that the statement of claim states both material and intangible requirements. In this case, according to Part 3 of Article 6 of the Law of Ukraine “On Court Fees” it is necessary to pay court fees both at the rates established for property claims and at the rates provided for non-property disputes. In this case, the court fee is paid in total or for each claim separately, at the request of the plaintiff.

If the claim combines several claims of a non-material nature – the court fee is paid separately from each of these claims (or the total amount), for example, for claims to remove obstacles to the use of property and compensation for non-pecuniary damage.

If the statement of claim combines several independent property claims, related to each other, then, given that the object of the court fee is a statement of claim, the maximum amount of the court fee must correspond to the total amount of all claims. In this case, the court fee may be paid separately for each claim or the total amount for all claims.

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