Subject of Dispute: Challenging the Resolution of the State Executive Service on Termination of Enforcement Proceedings and Return of the Appeal Complaint due to Non-Payment of Court Fee.
Main Arguments of the Court:
1. The Constitutional Court of Ukraine declared unconstitutional the norms on collecting court fees when appealing executors’ decisions, as this violates a person’s right of access to justice.
2. Judicial control over the execution of court decisions is an integral component of the right to judicial protection.
3. The requirement to pay a court fee when appealing executors’ decisions creates unjustified obstacles to the realization of the right to judicial protection.
Court Decision: Revoke the ruling of the appellate court on returning the appeal complaint and send the case for further consideration.
