Subject of Dispute: Return of an Administrative Fine Paid Based on a Court Order Subsequently Cancelled by the Supreme Court.
Main Arguments of the Court:
1. The institution of reversal of court decision execution, provided for in Article 380 of the Administrative Procedure Code of Ukraine, cannot be applied to orders imposing a fine under Article 149 of the Administrative Procedure Code of Ukraine.
2. The Court refers to the legal position of the Grand Chamber of the Supreme Court, which established that funds paid to the budget in execution of a cancelled fine order may be recovered through court proceedings under Article 1212 of the Civil Code of Ukraine.
3. At the time of fine payment, a legal basis for the payment existed, therefore the funds are not considered to have been paid in error.
Court Decision: To leave the appeal without satisfaction, and the order of the Sixth Administrative Court of Appeal – unchanged.
