What should be the rate of court fee in cassation: UNBA's position
For filing a cassation appeal to the court, it is advisable to establish a court fee rate significantly lower than 200%, which will reflect the nature and scope of procedural actions carried out by the Supreme Court.
This position of the Ukrainian National Bar Association was voiced by the Chairman of the UNBA Committee on Customs and Tax Law Yakov Voronin during the discussion of the initiative to prepare a draft law aimed at implementing the decision of the Constitutional Court No. 2-р(ІІ)/2025 on access to the court of cassation in civil proceedings. The event was organized by Maksym Dyrdin, Chairman of the Subcommittee on Political Reform and Constitutional Law of the Verkhovna Rada Committee on Legal Policy.
As a reminder, on January 20, 2025, the Constitutional Court declared unconstitutional the provision of subpara. 7, clause 1, part 2, Article 4 of the Law «On Court Fee», according to which the court fee for filing a cassation appeal against a court decision is set at 200 percent of the rate that was payable when filing a statement of claim, other application and complaint in the amount of the disputed amount.
According to the UNBA, a differentiated approach to setting court fees is logical:
- the court of first instance considers the case on the merits, examines evidence, establishes factual circumstances, which determines the basic rate of court fees (100%);
- the court of appeal has a dual function: it both verifies the legality of the first instance decision and can examine new evidence and reassess the existing evidence, which justifies the increased court fee rate (150%);
- the court of cassation exclusively checks the correct application of substantive and procedural law without examining evidence and establishing the actual circumstances of the case, which justifies the lowest court fee rate of 50% of the base rate.
Such an approach will not only take into account the actual workload of the cassation instance, but also ensure compliance with the standards of access to justice guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms.
The Constitutional Court noted that the law should determine the procedure for setting the rate that would ensure a fair balance between the interests of the state and the individual. To reinforce this approach, it is advisable to enshrine the following principle
«The amount of court fees for applying to court must be reasonable and determined taking into account the need to ensure that each person has a real opportunity to exercise the right to judicial protection. The court fee rates shall be established by law in accordance with the principle of fairness and reasonableness, taking into account the balance between the financing of the judicial system and the accessibility of court proceedings for all persons wishing to exercise their constitutional right to protect their rights and interests in court».
«The amount of court fees for different instances should reflect the real scope of procedural actions performed by the court in the course of consideration of the case and should not create disproportionate obstacles to access to justice at any stage of the trial».
This provision is in line with the case law of the European Court of Human Rights, which has repeatedly emphasized that the amount of court fees should not constitute an excessive burden for the applicant and create an actual obstacle to access to court.
Following the discussion of the proposals, it was agreed to develop a basic draft law that would introduce a reasonable limit on the amount of court fees. It will be tied to the level of the subsistence minimum for able-bodied persons to avoid excessive financial burden on citizens. It is also planned to introduce benefits for certain categories of people who do not have the financial means to pay the court fee.
The participants of the event also agreed that it is impossible to amend the Law «On Court Fees» directly without prior amendments to the procedural codes.
Therefore, it is first necessary to amend Art. 136 of the Civil Procedure Code, which sets out the form and requirements for an application for a court fee exemption, deferral or installment plan.
In order to ensure proportionality of the court fee rate, a limit should be added to it. It will be similar to the one in force for the first instance and will be based on the subsistence minimum for able-bodied persons.
Popular news
Greetings
The UNBA congratulates Denis Maslov on his appointment as Minister of Justice
Denis Maslov’s many years of experience as a advocate, his work as a judge and his tenure as chairman of the Verkhovna Rada of Ukraine’s Committee on legal policy have given him a deep understanding of how the legal system functions and the challenges it faces.
Legislation
The Verkhovna Rada explained why the section on advocacy should be removed from the anti-corruption strategy
The section on advocacy and legal aid in the draft anti-corruption strategy for 2026–2030 goes beyond the scope of anti-corruption policy and is inconsistent with the constitutional guarantees of the independence of the legal profession.
Guarantees of the practice of law
The NACP’s clarification regarding the declaration of membership in the UNBA should be clarified – BCU
An advocate’s membership in the UNBA is an element of professional status arising by virtue of law, rather than a voluntary private membership in an association. Therefore, failure to disclose it in a declaration should not automatically lead to the conclusion of unethical conduct or the concealment of a private interest.
Discussion
The history of Ukrainian constitutionalism was discussed during a lecture
To mark Ukraine’s Constitution Day, the Center for research on the legal profession and law of the UNBA in collaboration with the «Bykivnia Graves» National Historical and Memorial Reserve organized an online lecture on the history of the Ukrainian constitutional process.
Legislation
The UNBA is counting on the swift ratification of the Convention on the Protection of the Professions of Lawyer
The ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer must be accompanied by targeted amendments to legislation to strengthen safeguards for advocates, but should not be used as a pretext for dismantling the self-governing model of advocacy.
Interaction
A manifesto on AI in law was presented in Europe. The UNBA has joined the initiative
On June 24, as part of European Legal Sovereignty Day, which took place in Brussels, the Manifesto for a Referential of Human Guarantee in the Legal Use of AI was presented.
Court practice
Martial law has changed administrative disputes – findings from IUS PUBLICUM 2026
During martial law, the focus of administrative proceedings shifted: in addition to tax disputes, cases involving access to public information, personal data protection, and challenges to regulatory acts, the docket now includes mobilization issues, challenges to decisions by the TCC and the Special Purpose Commission, disputes regarding deferrals, military service, sanctions, and new administrative restrictions.
Court practice
Lidiya Izovitova identified 7 challenges in administrative proceedings for advocates
The predictability of judicial practice, jurisdictional disputes, cassation filters, enforcement of judgments against the state, the burden of proof, written proceedings, and guarantees for the practice of law remain key issues in administrative justice for advocates.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates