1. The subject of the dispute in this case is the appeal against the decision of the Pension Fund regarding the limitation of the recalculated pension to the maximum amount when paying a monthly allowance of UAH 2,000.
2. The court of cassation found that the court of appeal mistakenly returned the appeal, requiring the payment of a court fee, since a person who applies to the court with a request to ensure the execution of an already adopted court decision (establishment of judicial control) should not pay a court fee, unless directly provided by law. The court noted that judicial control is an important element of ensuring the enforcement of a court decision, and the establishment of additional financial obstacles to its implementation contradicts the constitutional right to judicial protection. The court also departed from previous practice, noting that the provisions of the law on court fees, which allow for the collection of a fee for filing an appeal against a ruling on judicial control, contradict the Constitution of Ukraine.
3. The Supreme Court overturned the ruling of the court of appeal and sent the case for a new trial to the appellate instance.
Leave a comment
