Court fees and requirements in regard to its payment
A court fee is amount of money which is paid to the state budget of Ukraine for submitting applications, claims, complaints and also for issuance decrees, decisions, other court documents by the courts. Legal order of collection and return of a court fee and also sizes of its bids and privileges are regulated by the Law of Ukraine “On a court fee” dated the 1st of November 2011 no. 3674-17.
According to the Law no. 3674-17 (the Article 4), amount of a court fee is calculated through a minimal salary’s rate which is approved legally on the first January of year when documents are submitted.
Who pays a court fee
Citizens of Ukraine and other countries, persons without citizenship, entrepreneurs (legal entities and individuals) who initiate litigation or who has a decision in their favor must pay a court fee.
When a court fee must be paid
A court fee must be paid:
- When a claim is submitted;
- When appellation is submitted;
- When an application with a requirement to issue enforcement documents to execute arbitration decisions;
- When an application with a requirement to review decisions which were issued by the Highest Court of Ukraine;
- In other cases.
A court fee is not paid by a claimant when claims on collection of a wage, alimonies, controversial matters which are related to labor relations between employers and hired employees.
Rates of a court fee
A size of court fee is calculated according to a minimal wage and it depends on a price of claim, list and features of requirements which are mentioned by a claimant. If claim’s price, which is mentioned by a claimant, doesn’t equal to price of property, which is disputed in a court or define its price impossible because of construction works, then size of a fee is defined by a court. Afterwards, a claimant pays extra money or gets the rest of over-charged money. There are specific rates and restriction for every type of a claim.
Forms of payment of a court fee
According to the Article 6 of the Law of Ukraine “On a court fee” money are recalculated in cash or non-cash forms through banks or post offices. If claim’s price is calculated in a foreign currency then a court fee is paid in national currency (UAH) according to the official rate of the National Bank of Ukraine.
If claims are increased or there is an additional claim then extra amount must be paid before the moment of calling on a court with a new claim.
If there are property and non-property claims then a court fee is paid according to distinct rates which are defined for different claims.
If claim on divorce and division of property is submitted then a court fee must be paid for each of these requirements.
If claims are submitted repeatedly then a court fee must be paid again.
Filling in bank details
When a court fee is made then legal entities must put their code from the Unified State Register in a column “a code of payer” and individuals must put their identification codes or their passport information (if code wasn’t got because of religious beliefs).