Here is the analysis of this court decision:
1. The subject of the dispute is the lawfulness of the return of an appellate complaint due to non-payment of the court fee for filing an appeal against a court ruling on the refusal to accept an application for the establishment of judicial control over the enforcement of a judgment.
2. The Supreme Court proceeded from the premise that judicial control over the enforcement of judgments is an integral stage of the judicial process aimed at the realization of the constitutional right to judicial protection. The Court emphasized that the Law “On Court Fees” does not establish rates for applications within the scope of Section VI of the Commercial Procedural Code that relate to judicial control. Furthermore, the Court took into account the decision of the Constitutional Court of Ukraine, which declared the collection of fees for similar procedural actions in administrative proceedings to be unconstitutional. The Supreme Court stressed that the mandatory enforcement of a court judgment is a constitutional principle, and therefore, creating financial barriers to accessing justice in such matters is inadmissible. The Court explicitly referred to its own established practice (in particular, the resolutions dated 03/11/2026, 09/24/2025, and 04/08/2025) and the decision of the Constitutional Court, consolidating the position regarding the absence of an obligation to pay a court fee for filing complaints against rulings issued in the course of judicial control over the enforcement of judgments.
3. The Supreme Court granted the cassation appeal, set aside the ruling of the appellate court, and remanded the case to the court of appellate instance to resolve the issue of opening appellate proceedings.
