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Court costs and benefits for the payment of court fees in civil cases

Saturday July 9th, 2016

Court costs are statutory costs (funds) of the parties, other persons involved in the case, incurred by them in connection with the consideration and decision, and in cases of their exemption from payment – are the costs of the state, which it bears in connection with connection with the decision of a particular case.

Court costs consist of court fees and costs related to the proceedings, in accordance with Chapter 8 of Section I of the Civil Procedure Code of Ukraine.

The types defined by the civil procedural law are exhaustive, therefore the parties cannot bear other expenses which are not provided by the current legislation. At the same time, the composition of court costs for some of its types is not exhaustive.

When filing lawsuits in civil cases, it is always necessary to pay attention to whether the plaintiff (plaintiffs) have benefits for the payment of court fees, or exempt from such payment.

Article 5 of the Law of Ukraine “On Court Fees” of 08.07.2011 benefits for the payment of court fees are determined, according to which plaintiffs are exempted from paying court fees when filing individual lawsuits, as well as certain categories of persons, regardless of the type of lawsuit.

Since Article 5 of the Law of Ukraine “On Court Fees” of 08.07.2011 does not contain an exhaustive list of benefits for the payment of court fees, the definition of such benefits should be guided by other legislation of Ukraine, for example, Article 14 of the Law of Ukraine of December 1, 1994 “On compensation for damage caused to citizens by illegal actions activity, bodies of pre-trial investigation, prosecutor’s office and court “, Article 22 of the Law of Ukraine of October 22, 1993” On the status of war veterans, guarantees of their social protection “, Article 22 of the Law of Ukraine of May 12, 1991” On protection of inhabitants “.

The above-mentioned persons are exempted from paying the court fee not only upon filing the lawsuit itself, but also upon filing appeals or cassation appeals, applications for review of court decisions in connection with newly discovered circumstances and the Supreme Court of Ukraine.

It should also be borne in mind that the benefits provided by the Law of Ukraine “On Court Fees” of 08.07.2011. apply only to the case and its movement, respectively, the payment of court fees for filing applications to the court to provide evidence or a claim is made on a general basis at certain rates, regardless of whether the plaintiffs are exempt from paying court fees for certain claims. However, this does not apply to the categories of persons defined in paragraphs 8, 9 of the first part of Article 5 of the Law of Ukraine “On Court Fees” of 08.07.2011, who, regardless of the type of claim, are generally exempt from court fees.

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