On December 2, 2021, the Supreme Court, as part of the panel of judges of the Second Judicial Chamber of the Civil Court of Cassation in case No. 761/35926/18, dismissed the cassation appeal against the decision of the Court of Appeal, which refused to issue an additional decision.
The bank appealed to the court with a claim against the borrower for debt collection due to the defendant's improper fulfillment of the terms of the loan agreement.
The district court, with a decision left unchanged by the appellate court, partially satisfied the claim.
The borrower appealed to the Court of Appeal with an application for the adoption of an additional decision on the distribution of court costs incurred by him, referring to the fact that he incurred costs for transport (trips to the court, bank, post office), for sending documents to the address of the court and the plaintiff, on paper, wear of the cartridge, on electricity, and also wasted personal time.
The appellate court refused to grant the application due to the lack of legal grounds for its grant.
Having considered the cassation appeal of the borrower, the Supreme Court indicated that in accordance with Part 6 of Art. 19 of the Civil Procedure Code of Ukraine, the case is insignificant, the appellate court considered the bank's appeal in written proceedings without notifying the parties. Court sessions were not held in the case, the defendant was not summoned to court.
Applying to the appellate court with an application for an additional decision, the borrower asked to be reimbursed for the court costs incurred by him, related to the consideration by the appellate court of the bank's appeal against the decision of the court of first instance, adopted in this case.
According to Clause 3, Part 1, Art. 270 of the Civil Procedure Code of Ukraine, the court that made the decision may, at the request of the parties to the case or on its own initiative, make an additional decision if the court has not resolved the issue of court costs.
According to part. 1, 3 Art. 133 of the Civil Procedure Code of Ukraine court costs consist of the court fee and expenses related to the consideration of the case. The costs related to the consideration of the case include:
- for professional legal assistance;
- related to the involvement of witnesses, specialists, translators, experts and conducting an examination;
- related to the demand for evidence, conducting a review of evidence according to its location, securing evidence;
- related to the performance of other procedural actions necessary for consideration of the case or preparation for its consideration.
According to the sweep of part 1 of art. 138 of the Civil Code of Ukraine, the parties shall bear the expenses related to moving to another settlement of the parties and their representatives, as well as renting housing.
Reimbursement of expenses related to moving within the city limits is not provided for by the procedural law.
In accordance with Part 1 of Art. 140 of the Civil Code of Ukraine, a person who provided evidence at the court's request has the right to demand payment of monetary compensation for his expenses related to the provision of such evidence. The amount of monetary compensation is determined by the court on the basis of the evidence submitted by such a person of the relevant expenses.
According to the Supreme Court's conclusion, having established that the borrower requests reimbursement of the cost of expenses incurred by him, which are not related to his taking procedural actions necessary for the consideration of the case or preparation for its consideration at the stage of appeal proceedings in a minor case, the court of appeal reached a well-founded conclusion about refusal to adopt an additional decision.