On September 1 in Ukraine introduced a common approach to determining the rate of court fee in all court jurisdictions, in particular, the differentiation rate of court fee by categories of payers (individuals and legal entities) to carry more load on legal entities.
The law provides for an upper limit rate of court fee for individuals, in particular as regards family disputes; court fee for individuals will not exceed 5 times the minimum wage. As for commercial disputes, almost all bets remain in the wording of the draft №2862. As for the disputes in commercial courts, the rate of court fee for filing a claim of property character is 1.5% of the claim, but not less than one minimum wage and not more than 150 times the minimum wage. Appeal, cassation and review of the decision by the Supreme Court in this case will be more expensive – 110, 120, 130% of the rate to be paid when filing the appropriate claim.
Privileges. The law provides for the following:
– Reducing the number of categories of cases, when considering that the court fee nesplachuetsya. Now have to pay the court fee statements on the limitation of civil capacity of a natural person, the recognition of incapacity and the resumption of the civil capacity of a natural person, as well as an application for a minor face full civil capacity.
– A significant reduction in the number of taxpayers exempted from court fees. From the list of possible beneficiaries of the plaintiffs in disputes related to discrimination, a number of government agencies (Ministry of Justice, the AMC, PFCs), the prosecutor’s office, and the like.- Abolition of exemptions from payment of the court fee actors authority if the judgment is made in favor of the party who is not the subject of power.
The tax rates. The document provides:
– Undo the upper limit of the size of the rate of court fee for filing a court claim of property character. This provision applies only to legal entities. So, with the filing of the writ of legal entities charged a court fee of 1.5% of the claim, but not less than 1 minimum wage, and if it is a physical person, that these figures amount to 1% and 0.4, respectively, and no more than 5 times the minimum salaries, as mentioned above.- Introduction of differentiation court fee rates by categories of payers (individuals and legal entities) to carry more load on the alignment of legal lits.
– The rates of court fee for filing claims in the commercial and administrative courts. In particular, on presentation of a claim of property character in both jurisdictions to pay a court fee of 1.5% of the claim, but not less than 1 minimum wage (this provision was contained in the version of the draft for the second reading, but in the course of discussion, it was the upper limit 150 minimum wages for domestic courts. In other areas the rates are the same, – Ed.).
– Cancellation rules to determine the rates of court fee in the fixed amount of money.
– Increasing the size rate sbora.Krome court, according to the law, the court is obliged to check the court fee credited to the State Budget of Ukraine at the opening of the production estimates provided delu.Soglasno decrease in the number of cases coming before the courts, as well as the estimated annual flow of funds to pay court fee should be about 2.5 billion. Hryvnia.