Subject of Dispute: Recovery of Advance Payment under the Purchase and Sale Agreement and Challenging the Inaction of the State Executor.
Main Arguments of the Court: The Supreme Court established that the appellate court improperly demanded payment of court fees for an appeal against the ruling on the inaction of the state executor, referring to the decision of the Constitutional Court of Ukraine dated 13.05.2024, which declared such a requirement for court fee payment unconstitutional. The court emphasized that this creates an unjustified interference with a person’s right of access to justice and violates the constitutional principles of judicial proceedings.
Court Decision: The Supreme Court satisfied the cassation appeal, revoked the ruling of the appellate commercial court, and referred the case for a new review to the appellate instance.
