In Ukraine, court fees may be abolished in cases involving unconstitutional acts: what the draft law proposes

In Ukraine, it is proposed to expand the list of cases when the court fee is not paid. The corresponding changes are provided for in draft law No. 15159.

The document is aimed at removing barriers for citizens and businesses who apply to court after decisions of the Constitutional Court of Ukraine.

What is the problem now

The current legislation does not contain special exceptions for cases related to the review of court decisions or compensation for damage caused by acts recognized as unconstitutional.

This means that even in such categories of cases, applicants are forced to pay the court fee on general grounds.

In cases involving claims for compensation for damage, the amount of the fee can be significant, which actually deters people from going to court and limits access to justice.

What the bill proposes

The bill No. 15159 provides for exemption from paying court fees in two key cases:

— for filing applications for review of court decisions of all instances, if the Constitutional Court of Ukraine has declared a law or other act unconstitutional (or constitutional) that was applied in the case;
— for filing claims for compensation for damage caused to individuals or legal entities by such acts or actions.

Related legislative changes

The initiative is part of a broader package of reforms. In particular, the bill No. 15158 provides for amendments to the Civil Code of Ukraine regarding compensation for damage caused by unconstitutional acts.

Among the innovations is the introduction of a special statute of limitations of one year, as well as the determination that compensation will be carried out at the expense of the state.

Without additional burden on the budget

The authors of the bill note that the implementation of the changes will not require additional funding. Expenditures will be made within the framework of already foreseen budget programs.

It is expected that the adoption of these changes will significantly increase the effectiveness of the protection of citizens’ rights and ensure real access to justice in cases related to unconstitutional state decisions.