DECISION OF THE SECOND SENATE OF THE CONSTITUTIONAL COURT OF UKRAINE IN THE CASE ON THE CONSTITUTIONAL COMPLAINT OF KONTORSKYI PETRO FEDOROVYCH REGARDING THE COMPLIANCE WITH THE CONSTITUTION OF UKRAINE (CONSTITUTIONALITY) OF SUBPARAGRAPH 7 OF PARAGRAPH 1 OF PART TWO OF ARTICLE 4, PART ONE OF ARTICLE 8 OF THE LAW OF UKRAINE “ON COURT FEES” (CONCERNING ACCESS TO THE COURT OF CASSATION INSTANCE IN CIVIL PROCEEDINGS)

The decision concerns the constitutionality of provisions of the Law of Ukraine “On Court Fees” regarding the amount of court fee for filing a cassation appeal and the possibility of its deferral/installment payment. Structurally, the decision consists of two main parts:

1. Assessment of the constitutionality of the court fee amount for filing a cassation appeal (200% of the claim filing rate)

2. Assessment of the constitutionality of the norm regarding the court’s right to defer/installment court fee payment

Key provisions of the decision:

– The provision on the court fee amount for filing a cassation appeal (200% of the claim filing rate) was declared unconstitutional, as such amount is excessive and restricts access to justice

– The constitutionality of the court’s right to defer/installment court fee payment, taking into account the party’s property status, was confirmed

– A 6-month term was established for introducing amendments to the law regarding the new amount of court fee for cassation appeal

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