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
Support
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA
On September 18, a working meeting was held at the office of the Ukrainian National Bar Association with Executive Director of the International Bar Association (IBA) Mark Ellis. The parties discussed the Ukrainian advocacy profession’s participation in European legal processes, the protection of the UNBA’s digital infrastructure, psychological support for advocates and future areas of cooperation.
Educational events
Tax residency of Ukrainians abroad: what matters
The determination of tax residency for Ukrainians who have been living abroad for an extended period depends on the combination of their personal and economic ties to each country. The established status determines the procedure for reporting income, paying taxes and fulfilling CFC reporting obligations.
War
Are Europe's advocacy associations prepared for a potential war? V. Gvozdiy shared lessons from the Ukrainian experience
The continuity of the bar’s self-governance, the protection of professional registries and archives, as well as equal guarantees of employment for advocates, judges, and prosecutors must be enshrined in advance in legislation in the event of war or another emergency.
Legal defence of military personnel
Payments to military personnel require clear and uniform criteria — UNBA Committee
The vagueness of terms in subordinate regulatory acts leads to differing interpretations of the grounds for paying additional compensation to military personnel. The UNBA has proposed harmonizing these acts and establishing transparent criteria for the allocation of funds.
Tragic news
Former CCBE President James MacGuill has passed away
The Ukrainian National Bar Association expresses its condolences on the passing of James MacGuill — a renowned Irish advocate and former president of the Law Society of Ireland and the Council of Bars and Law Societies of Europe (CCBE).
Discussion
From the condition of the railcar to the cause of the accident: how railroad accident investigations work
Railway and transportation expertise makes it possible to assess the technical condition of rolling stock and tracks, determine the technical cause and mechanism of an incident, assess whether employees’ actions complied with regulatory requirements, and ascertain whether, from a technical standpoint, a derailment, collision, impact, or other incident could have been prevented.
Legislation
The Convention on the Protection of the Professions of Lawyer will receive significantly more than 226 votes – M.…
Once the technical preparations are complete, the ratification of the Council of Europe Convention on the Protection of the Profession of Advocate will receive broad support in the Verkhovna Rada. Significantly more than the minimum required 226 members of parliament may vote in favor of the international treaty.
Educational events
Young – therefore inexperienced: how female advocates should respond to stereotypical accusations
Comments regarding age, gender, or appearance made in court can distract a lawyer from defending their client’s interests. Therefore, before responding, it is important to assess the relevance of the remark to the case, determine the limits of what is permissible and decide on the next course of action.
Publications
Vasyl Kolishnyi, «Law and Business» Supporting mental health should become part of the professional culture of the Bar, - H. Udovenko
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