Payment of court fees for a non-property claim: what should be changed
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
Educational events
How DISC helps manage «tigers», «monkeys», «elephants» and «turtles»
The same instruction from a manager may motivate one employee to take action, while leaving another without the necessary guidance. People perceive work tasks differently: for some, a deadline and the expected outcome are enough, while others need explanations, time or a detailed plan.
Legislation
The Verkhovna Rada is preparing a bill to implement the Convention on the Protection of the Professions of Lawyer
Members of Parliament plan to introduce a bill in the near future to implement the main provisions of the Council of Europe Convention on the Protection of the Professions of Lawyer. This parliamentary initiative may also prompt the government to expedite the preparation of the ratification package.
Greetings
The UNBA honored the winners of the «In the language of prose» contest and opened a fashion exhibition
The competition was organized by the UNBA Committee on humanitarian issues and creative initiatives in cooperation with the Center for advocacy and legal research. Two dozen advocates from various regions of Ukraine submitted their works to the competition committee for consideration. The entries were evaluated based on originality, the relevance of the chosen topic and the level of technical skill.
Educational events
Preparing a court argument: 7 tips for advocates
When preparing a courtroom speech, it is best to begin by formulating the decision the advocate is asking the court to render. Next, the structure of the speech should be built around this outcome, strong arguments should be selected, and weak points should be addressed.
Legislation
Advocates’ access to the TCC and the SP should be regulated by law – Ombudsman
The practice of denying advocates access to the premises of the TCC and the SP bears the hallmarks of systematic obstruction of the legal profession and deprives people of the opportunity to promptly obtain professional legal assistance. The procedure for such access must be codified in regulations issued by the Ministry of Defense.
Legislation
The path to ratification of the Convention must not end in yet another delay — L. Izovitova
Ukraine’s preparations for the ratification of the Council of Europe Convention on the Protection of the Professions of Lawyer have already passed key stages. Now, government institutions must submit the matter to the Verkhovna Rada for consideration. In doing so, Ukraine may complete the ratification process faster than EU member states.
Edition
Veterans were provided with algorithms for responding to malfunctions
The UNBA Committee on the protection of victims of armed aggression against Ukraine, compensation mechanisms and European integration legal support for recovery together with the Ministry of Veterans Affairs of Ukraine has prepared the latest Legal Guide for War Veterans.
Guarantees of the practice of law
Ukraine could be the first to implement a European mechanism for the protection of advocates. What’s holding it back?
Ukraine has a chance to be the first country to ratify the Council of Europe Convention on the Protection of the Professions of Lawyer. Political support for this exists, but the government’s legislative package has not yet been submitted to parliament. Meanwhile, the number of violations of advocates’ rights is on the rise.
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