Payment of court fees for a non-property claim: what should be changed

Advocacy
16:09 Mon 15.07.24 305 Reviews
Print

An attempt to simplify the rules for paying court fees may lead to a situation of legal uncertainty when there is no regulatory rule in case of filing a lawsuit with several non-property claims.

This was warned by the Committee of the Ukrainian National Bar Association on Civil Law and Procedure following the analysis of the draft Law No. 11368 of 24.06.2024 «On Amendments to Article 6 of the Law of Ukraine «On Court Fee» regarding the payment of court fees for non-property claims».

As of today, pursuant to Part 3 of the said Article, the court fee for filing a claim that is both property and non-property in nature is paid at the rates established for property and non-property claims.

However, if the statement of claim combines two or more non-property claims, the court fee shall be paid for each non-property claim.

And the implementation of this rule leads to confusion in determining the amount of court fees. For example, in cases of eviction of several persons from residential premises, in some cases, the court proceeded from the fact that the court fee is payable as a single non-property claim, and in others - that the eviction of each person specified in the statement of claim is an independent non-property claim, and therefore the court fee must be paid separately for each of such claims (see the resolution of the Joint Chamber of the CCC of the Supreme Court of 18.09.2023 in case No. 758/5118/21).

Therefore, in cases where the plaintiff combines non-property claims against several defendants in one claim, the author of the legislative initiative proposes to replace two paragraphs of Part 3 of Article 6 of the Law with one paragraph as follows:

«For filing a claim that has both property and non-property nature, the court fee shall be paid at the rates established for claims of property and non-property nature (regardless of the number of non-property claims)».

But the UNBA drew attention to the construction of the provisions of Part 3 of Article 6 of the Law. Its first paragraph concerns the combination of property and non-property claims in one statement of claim, while the second paragraph concerns several non-property claims.

Therefore, if the law is implemented in the wording proposed by Draft Law No. 11368, there will be no regulation at all for cases where only non-property claims are combined in a statement of claim.

That is why, in the opinion of the UNBA Committee, it is more appropriate to leave the first paragraph in the current version, and to amend the second one as follows: «If the statement of claim combines two or more non-property claims, the court fee shall be paid in the amount of one non-property claim». In this case, the principle of legal certainty will be respected, as well as the possibilities for protecting civil rights and interests of a person will be expanded.

The full text of the comments and suggestions can be found at the link.

Popular news

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 168
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 122
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 177
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 233
Efforts to develop advocacy must be brought to fruition — A. Misyats

Self-government

Efforts to develop advocacy must be brought to fruition — A. Misyats

The Ukrainian advocacy profession is currently going through a critical phase. Amid the war, it must ensure the continuity of legal aid, defend the independence of the profession, and improve qualification and disciplinary procedures in accordance with European standards. The work that has been started must be brought to a practical conclusion.

20:32 Fri 18.09.26 163
Protecting the legal profession, cybersecurity and support for advocates: common themes for the IBA and the UNBA

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.

19:46 Fri 18.09.26 227
Not every eloquent phrase is persuasive: how an advocate should choose a speaking style

Educational events

Not every eloquent phrase is persuasive: how an advocate should choose a speaking style

Rhetorical techniques are effective when they are tailored to the audience, the situation, and the purpose of the speech. Therefore, before speaking, an advocate should determine what message the court, client, or audience needs to hear and remember, and then choose the appropriate structure, examples, quotes and tone.

18:33 Fri 18.09.26 118
Tax residency of Ukrainians abroad: what matters

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.

18:19 Thu 17.09.26 207

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл