The subject of the dispute concerns challenging a court order returning an appellate complaint due to non-payment of court fees in a case of monitoring the enforcement of a court decision regarding social benefits for a Chornobyl victim. The Supreme Court, in rendering its decision, was guided by the fact that the requirement to pay court fees for appealing orders in cases of monitoring court decision enforcement contradicts the Constitution of Ukraine, as it creates an unjustified interference with a person’s right of access to court. The court took into account the position of the Constitutional Court of Ukraine, which previously declared unconstitutional the requirement to pay court fees in similar situations, since the person had already paid the fee when initially applying to court.
The Supreme Court revoked the appellate court’s order returning the appellate complaint and sent the case for a new review, indicating that court fees should not be levied for filing an appellate complaint against a court order in cases of monitoring the enforcement of a court decision.
