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

Advocacy
16:09 Mon 15.07.24 192 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 translation of the report on advocacy presented to the European Parliament has been published

European integration

A translation of the report on advocacy presented to the European Parliament has been published

A translation of a research report on the Ukrainian advocacy profession in wartime, previously presented to the European Parliament in Brussels, has been published. The document is presented as a basis for discussion on the rule of law, Ukraine's European integration aspirations, and countering Russian disinformation in the legal sphere.

16:54 Mon 23.02.26 117
The Verkhovna Rada Committee criticized the format of the government working group on advocacy

Legislation

The Verkhovna Rada Committee criticized the format of the government working group on advocacy

The implementation of the Roadmap on the rule of law (approved by Cabinet of Ministers Resolution No. 475-r of May 14, 2025) in relation to advocacy raises the practical question of who exactly should prepare legislative changes and how.

17:48 Fri 20.02.26 123
The BCU demands a review of the composition of the government working group on reforming the advocacy profession

Self-government

The BCU demands a review of the composition of the government working group on reforming the advocacy profession

The President of the UNBA, BCU Lidiya Izovitova, appealed to the Cabinet of Ministers of Ukraine to review the composition of the working group on improving legislation in the field of advocacy and legal practice.

18:42 Thu 19.02.26 150
The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

Guarantees of the practice of law

The President has determined, who will sign the Convention for the Protection of the Profession of Lawyer

President of Ukraine Volodymyr Zelenskyy authorized Ukraine's Permanent Representative to the Council of Europe Mykola Tochytskyi to sign the Council of Europe Convention for the Protection of the Profession of Lawyer.

18:21 Wed 18.02.26 112
Why lowering the age of marriage lacks legal logic

Discussion

Why lowering the age of marriage lacks legal logic

Although until 2012 there was a provision in family law that allowed children to marry from the age of 14 under certain circumstances, its return to Ukrainian law would contradict international obligations and the logic of criminal law.

15:03 Wed 11.02.26 402
Open dialogue between the UNBA and the European Commission on the path to EU

European integration

Open dialogue between the UNBA and the European Commission on the path to EU

The Ukrainian National Bar Association held a working meeting in Brussels with Mr Wolfgang Nozar, Head of Unit for Governance, Rule of Law and Financial Assistance, Directorate-General for Enlargement and Eastern Neighbourhood (DG ENEST), European Commission.

18:41 Fri 06.02.26 156
A report on Ukrainian advocacy was presented in the European Parliament

Self-government

A report on Ukrainian advocacy was presented in the European Parliament

Can a shadow report on advocacy replace the political framework of the Roadmap on the rule of law with demands for the restructuring of self-government? Where is the line between accountability and the seizure of institutions? And how can we respond to narratives with data rather than impressions?

15:28 Fri 06.02.26 388
UNBA and Ukraine's representation to the EU have synchronized their priorities

European integration

UNBA and Ukraine's representation to the EU have synchronized their priorities

On February 5, in Brussels, the President of the UNBA, BCU Lidiya Izovitova held a working meeting with the Ambassador Extraordinary and Plenipotentiary of Ukraine, Representative of Ukraine to the European Union Vsevolod Chentsov.

20:19 Thu 05.02.26 156

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

Оберіть файл