1. The subject of the dispute is the appeal against the appellate court’s ruling on the return of the appeal in the case regarding the obligation of the Pension Fund to calculate and pay an allowance to the pension.
2. The court of cassation found that the appellate court erroneously returned the appeal due to non-payment of the court fee, since a person applying to the court with a request to establish judicial control over the execution of a decision is not required to pay a court fee for appealing a ruling issued as a result of the consideration of such a request. The court emphasized that the execution of a court decision is a necessary condition for the realization of the constitutional right to judicial protection, and the procedure of judicial control is aimed at ensuring the mandatory execution of a court decision. Levying a court fee in such cases contradicts the Constitution of Ukraine, as it complicates access to justice and negates the effectiveness of legal proceedings. The Court noted that the provisions of the Law of Ukraine “On Court Fee,” which allow for the collection of a fee when appealing rulings on judicial control, contradict the Constitution of Ukraine and therefore are not subject to application.
3. The Supreme Court overturned the appellate court’s ruling and remanded the case for a new trial to the appellate court.
