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Amendments to legislation on court fees

On December 15, 2017 amendments to the Law of Ukraine On Court Fees (“the Law”) came into effect.

For legal entities the Law established the maximum amount of court fees for filing claims of property character which can not exceed 350 minimum living wages for able-bodied persons (minimum living wage for able-bodied persons is established by law as of January 1 of the calendar year when the application is filed to court).

To appeal a decision of court of first instance will be more expensive:

• for filing an appeal a court fee is 150 % of the rate payable when filing a claim (instead of 110 % paid before);

• for filing a cassation – 200 % (instead of 120 %).

Good news is cancellation of court fee for issuing a duplicate of court order, enforcement orders and printing of technical record of a court hearing.

Novel of the Law provides for the possibility to pay court fees by means of the Unified judicial information and communication systems and payment systems online via Internet. In case of documents submission in electronic form 0,8 rate is applied to reduce appropriate rate of court fee.

In case of partial appeal of a decision in appeal and cassation procedure, a court fee shall be paid in proportion to the cost of claims that are subject to review.

The list of conditions for installment and deferment of court fee payment is determined, namely:

1. If a court fee amount exceeds 5 % of the amount of annual income of plaintiff-legal entity for the previous calendar year;

2. If the plaintiffs are:

• military;

• parents who have a child under the age of fourteen or a disabled child, if the other parent fails to pay alimony;

• single mothers (parents) who have a child under the age of fourteen or a disabled child;

• members of a low-income or large family;

• a person acting in the interests of minors or young persons and persons recognized by court as disabled or whose legal capacity is limited;

• if a subject of the claim is protection of social, labor, family, housing rights, compensation of harm caused to health.

In case of amicable agreement prior to adoption of a decision in case by a court of first instance, plaintiff's waiver of the claim, acknowledgment of a claim by a defendant prior to commencement of consideration of a case on the merits, the Law provides for the possibility to return to the plaintiff from the state budget 50 % of court fee paid upon filing the claim.

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