On 15 July 2015, the President of Ukraine signed Law No. 484-VIII "On Amendments to Some Legislative Acts of Ukraine Regarding the Payment of Court Fees" dated 22 May 2015 (hereinafter - the "Law"), which entered into legal force on 1 September 2015.
Implications for dispute participants
The Law introduces changes related to payment of court fees to the Commercial Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and the Law of Ukraine "On Court Fees". In particular, court fees rates were substantively increased, the list of entities released from obligation on payment of court fees was shortened, at the same time certain payment procedures were clarified and the procedure for court fee reimbursement was improved.
What the Law says
Under the new Law:
- different court fee rates were introduced for individuals (individuals-entrepreneurs) and legal entities, providing for significantly higher rate for legal entities;
- payment of court fee was cancelled for filing of application on recognition and enforcement of foreign court decision in Ukraine according to the international agreement binding for Ukraine, if such agreement does not provide for payment of court fee for application to the court, appellate and cassation courts;
- non-residents were allowed to pay court fees by in foreign currencies as per the official rate determined by the National Bank of Ukraine as of the date of payment;
- an option to pay only 10% of court fee for filing of administrative claim of material character was cancelled (before the new Law, the rest of the fee should have been collected under the court decision);
- grounds for reimbursement of paid court fee amounts were clarified (in particular, reimbursement may be applied in case of termination of proceedings, inter alia, appellate and cassation proceedings, unless such termination results from claimant’s refusal from its claim, which is approved by the court).
The new Law has significantly increased court fee rates and introduced different rates for certain categories of payers (individuals, individuals-entrepreneurs and legal entities) with the rate for legal entities being significantly higher. At the same time, the new Law provides for additional options on court fee payment by non-residents and in some sort simplifies the procedure of recognition of foreign courts decisions in Ukraine.