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10.01.2022

The Supreme Court reminded how to correctly calculate the court fee for filing an appeal

The court fee rate for filing an appeal is calculated based on the amount of the subsistence minimum established by law as of January 1 of the calendar year in which the plaintiff filed this lawsuit with the court.
In case No. 916/3454/20, the appellate court returned the appeal to the applicant due to the lack of evidence of payment of the court fee in accordance with the procedure established by law. The Court of Appeal considered that the amount of the subsistence minimum for able-bodied persons as of January 1, 2021 was determined to be UAH 2,270. Therefore, when filing an appeal, the applicant had to pay UAH 3,405. (2270 UAH *150%). Instead, he transferred only UAH 3,153.
The Commercial Court of Cassation noted that according to paragraph 4 of paragraph 2 of part 2 of article 4 of the Law "On Court Fees" for filing an appeal, a court fee of 150% of the rate that was payable when filing a statement of claim or another statement is payable and complaints.
Therefore, the "rate that was payable upon submission of the application" should be determined by the amount of the rates established by Article 4 of the law at the time of submitting the relevant application. The object from which the amount of the fee rate is calculated is the relevant application, and the basis for such calculation is the rate that was payable upon submission of the relevant application. In this case, as of January 1, 2020, the living wage was set at UAH 2,102. That is, 3153 hryvnias should have been paid for filing an appeal. (2102 *150%), which was done by the applicant.
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