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04.01.2022

What will be the court fee in 2022

Due to the increase in the subsistence minimum, the court fee rate will change in 2022. How much will it be necessary to pay for court services now?

As you know, Article 7 of the Law of Ukraine "On the State Budget of Ukraine for 2022", which will enter into force on January 1, 2022, establishes a subsistence minimum for working-age persons from January 1, 2022 in the amount of 2,481 hryvnias.
Thus, the amount of the court fee will be:
– for submission to the court of civil jurisdiction
1) claim statement of a property nature:
a legal entity – 1.5 percent of the claim price, but not less than 1 amount of PMPO (2,481 UAH) and no more than 350 PMPO (868,350 UAH);
an individual or an individual entrepreneur – 1 percent of the claim price, but not less than 0.4 PMPO (992.40 UAH) and no more than 5 PMPO (12,405 UAH);
2) a statement of claim of a non-property nature:
a legal entity or a natural person – an entrepreneur – 1 PMPO (2481 hryvnias);
a natural person – 0.4 PMPO (992.40 UAH);
3) claim statement:
on divorce – 0.4 PMPO (992.40 UAH);
on the division of property upon divorce – 1 percent of the claim price, but not less than 0.4 PMPO (992.40 UAH) and no more than 3 PMPO (7,443 UAH);
4) statements in separate proceedings; applications for providing evidence or a lawsuit; applications for review of absentee decisions; applications for annulment of the decision of the arbitration court (international commercial arbitration); applications for the issuance of an executive document for the enforcement of an arbitration court decision (international commercial arbitration); applications for the issuance of an executive document based on the decision of a foreign court; applications for clarification of the court decision, which have been submitted; applications for assistance to the arbitral tribunal (international commercial arbitration) in obtaining evidence:
a legal entity or a natural person – an entrepreneur – 0.5 PMPO (1240.50 UAH);
a natural person – 0.2 PMPO (496.20 UAH);
4-1) applications for the issuance of a court order – 0.1 PMPO (248.10 UAH);
4-2) applications for cancellation of a court order – 0.05 PMPO (124.05 UAH);
4-3) applications to cancel the temporary restriction of an individual's right to travel outside Ukraine – 0.2 PMPO (496.20 UAH);
5) a claim for the protection of the honor and dignity of an individual, the business reputation of an individual or a legal entity, namely:
claim statement of a non-property nature – 0.4 PMPO (992.40 UAH)
a claim for moral damages – 1.5 percent of the claim price, but not less than 1 PMPO (2481 UAH);
– for submission to the court of economic jurisdiction
1) for a claim of a property nature – 1.5 percent of the price of the claim, but not less than 1 PMPO and no more than 350 PMPO (868,350 UAH);
2) claim statement of a non-property nature – 1 PMPO
2-1) applications for the issuance of a court order – 0.1 PMPO (248.10 UAH)
2-2) applications for cancellation of a court order – 0.05 PMPO (124.05 UAH)
3) statements about taking preventive measures and securing a claim; applications for the issuance of an executive document based on the decision of a foreign court; applications for annulment of the decision of the arbitration court; applications for the issuance of an executive document to enforce the decision of the arbitration court; applications for clarification of the court decision – 0.5 PMPO (1240.50 UAH)
4) appeal and cassation appeal against the court decision; application for joining an appeal or cassation complaint against a court decision – 1 PMPO (2481 UAH);
5) applications for the approval of the rehabilitation and restructuring plan prior to the opening of bankruptcy proceedings – 2 PMPOs (4,962 hryvnias);
6) the creditor's statement on the opening of bankruptcy proceedings – 10 PMPO (24,810 UAH);
– for submission to the court of administrative jurisdiction
1) an administrative claim of a property nature:
subject of authority, legal entity – 1.5 percent of the price of the claim, but not less than 1 PMPO and no more than 10 PMPO (24,810 UAH);
an individual or an individual entrepreneur – 1 percent of the claim price, but not less than 0.4 (992.40 UAH) and not more than 5 PMPO (12,405 UAH);
an administrative claim of a non-property nature, filed:
– a subject of authority, a legal entity or a natural person – an entrepreneur – 1 PMPO;
– a natural person – 0.4 PMPO (992.40 UAH);
2) an appeal against a court decision, an application to join an appeal against a court decision, an application for a review of a court decision in connection with newly discovered circumstances – 150 percent of the rate that was payable when filing a claim statement, other application and complaint, but not more than 15 PMPO (37,215 UAH);
3) appeal and cassation appeal against the court decision; applications to join an appeal or cassation appeal against a court decision – 1 PMPO;
4) applications for providing evidence or a lawsuit, applications for issuing an executive document on the basis of a foreign court decision, applications for changing or establishing the method, order and term of execution of a court decision – 0.3 PMPO (744, 30 UAH);
– for issuing documents by courts
1) for reissuing a copy of a court decision – 0.003 PMPO (7.44 UAH) for each sheet of paper;
4) for issuing in electronic form a copy of the technical record of the court session – 0.03 PMPO (74.43 UAH);
5) for the production of a copy of a court decision, if a person who does not (did not) participate in the case, if the court decision directly concerns his rights, freedoms, interests or obligations, applies to the apparatus of the relevant court with a written application for the production of such a copy according to the Law of Ukraine "On Access to Court Decisions" – 0.003 PMPO (7.44 UAH) for each sheet of copy;
6) for making copies of documents attached to the case – 0.003 PMPO (7.44 UAH) for each sheet of copy;
– in the event of a court ruling on the imposition of an administrative fine – 0.2 PMPO (496.20 UAH).
The full table of court fee rates depending on the nature of the application and the jurisdiction of the court can be viewed here.
At the same time, persons applying to the court can reduce the court fee rate. For this, it is necessary to submit documents in electronic form using the "electronic court" subsystem. In this case, a coefficient of 0.8 is used to reduce the corresponding amount of the court fee rate (according to Part 3 of Article 4 of the Law of Ukraine "On Court Fees")
Separately, it is worth mentioning some conclusions of the Supreme Court regarding the payment of court fees.
The court fee should not be paid when appealing an additional court decision, which resolved the issue of the distribution of court costs or established the procedure for the execution of the court decision, i.e. the resolution of those issues that are not related to the requirements of an administrative lawsuit, but must be decided by the court ( Resolution of the Supreme Court of December 20, 2019 in case No. 240/6150/18).
Articles 2-5 of the Law of Ukraine "On Court Fees" should be applied in cases concerning the appeal of resolutions on an administrative offense within the meaning of the provisions of Articles 287, 288 of the Criminal Procedure Code, as well as in other cases that are considered by the court in the procedure of legal proceedings, which provide benefits for filing a lawsuit applications, corresponding complaints in this legal relationship are not provided for, and the amount of the court fee, which is subject to application, for filing a claim is 0.2 of the subsistence minimum for able-bodied persons (decision of the Grand Chamber of the Supreme Court dated 18.03.2020 in case No. 543/775/ 17).
The plaintiff, who is exempted from paying the court fee when filing a lawsuit, is also exempted from paying it when filing an appeal or cassation complaint, which is fully consistent with the provisions of Part 1 of Art. 5 of the Law of Ukraine "On Court Collection" (legal opinion in the decision of the Supreme Court dated 30.06.2021 in case No. 204/8696/20-ts).
For an application to the court with an application for judicial review, as well as for an application with an appeal against the decision of the court of first instance, adopted as a result of consideration of such an application, the court fee is not paid (legal opinion in the decision of the Supreme Court dated 11.08.2021 in case No. 560/ 4364/19).
From 01.09.2015, clause 1, part 1, art. 5 of the Law of Ukraine "On Court Fees" is set forth in the new version, according to which plaintiffs in cases of wage recovery and reinstatement are exempted from paying court fees during the consideration of the case in all court instances, however, such benefits do not apply to plaintiffs' demands for collection of the average earnings for the entire period of forced absenteeism during the consideration of such cases in all court instances (Supreme Supreme Court decision of November 6, 2019 in case No. 910/6968/16).
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