The legal representative of a minor is exempted from the court fee if the decision of the subject of authority violates the rights or interests of the minor.
This was emphasized by the Administrative Court of Cassation as part of the Supreme Court in the dispute regarding the appeal by a minor against the decision of the village council. The resolution was adopted on April 13, 2022 in case No. 120/1647/20-a .
The circumstances of the case
The district administrative court refused to satisfy the claim to the village council, which was filed by a citizen in the interests of a minor child. In the case, the village council's decision to grant a minor child permission to develop a land management project regarding the allocation of a plot of land for personal farming, in a much smaller amount than he requested, was contested.
The appellate administrative court denied the complainant, who is acting in the interests of a minor child, a request for exemption from paying the court fee and left the appeal motionless.
The appellate court indicated that when determining the grounds for exemption from court fees, the court takes into account the parents' income, not the child's.
In the cassation complaint, the citizen asked to cancel the decision of the appeals court, due to the latter's failure to take into account that the plaintiff in the case is a minor, and the legal representative acts exclusively in her interests.
The CAS of the Supreme Court satisfied the cassation appeal.
- in accordance with Clause 14 of Part 2 of Article 3 of the Law of Ukraine "On Court Fees", a court fee is not charged for filing an application, appeal and cassation complaint on the protection of the rights of minors or minors;
- that is, parents, legal representatives of minors or minors who file complaints about the protection of the rights and/or interests of a minor or minor are exempt from paying the court fee;
- the right to appeal to the court in accordance with Article 5 of the Civil Code of Ukraine arises as a result of the violation of the rights, freedoms or legal interests of the person who requests their protection by the decisions, action or inaction of the subject of power.
Conclusion of the Supreme Court
Satisfying the cassation appeal, the Court of Cassation of the Supreme Court observed:
When deciding the issue of exemption from payment of court fees of persons who are legal representatives of minors or minors, it is appropriate to proceed from whether the disputed decisions, actions or inactions of the subject of power have caused a violation of the legal rights and interests of such a person.
Since in the case the decision of the village council, which was granted permission to develop a land management project regarding the transfer of land to ownership, in an amount smaller than that expressed in the request of the applicant, the appeal of the court decision by a person who is the legal representative of the plaintiff (a minor) is aimed at to protect the rights and interests of such a minor.
Therefore, when filing an appeal in the interests of a minor, the plaintiff's representative was not required to pay a court fee.
The Supreme Court annulled the decision of the appellate court and referred the case to this court for further consideration.