UBDs may not pay court fees: in which cases is the exemption valid?

Participants in hostilities, persons with disabilities as a result of war, Heroes of Ukraine and injured participants of the Revolution of Dignity have the right to exemption from paying court fees in cases related to the protection of their rights.

Such a privilege is provided for by Clause 13 of Part 1 of Article 5 of the Law of Ukraine “On Court Fees”. Additionally, Part 2 of Article 22 of the Law of Ukraine “On the Status of War Veterans, Guarantees of Their Social Protection” determines that war veterans are exempt from court fees in cases related to their social protection.

In which cases the fee does not need to be paid

This is not only about disputes regarding the receipt or cancellation of the status of a participant in hostilities. The privilege also applies to cases related to the implementation of social guarantees after receiving the status of a veteran.

In particular, the court fee does not need to be paid in disputes regarding:

recalculation of pensions;
indexation of pension payments;
compensation for delayed payment of pensions;
social allowances;
payment of cash benefits;
accrual of benefits;
taking into account combat experience.
Position of the Supreme Court

This approach was confirmed by the Supreme Court in its resolution of January 29, 2025 in case No. 600/3723/24-a.

The court concluded that disputes regarding the recalculation of pensions and compensation for the delay in its payment directly relate to the social protection of war veterans. Therefore, the plaintiff – a participant in hostilities – is exempted from paying the court fee.

When the benefit is not valid

At the same time, the exemption from the court fee does not automatically apply to cases that are not related to the protection of veterans’ rights.

On general grounds, the court fee will have to be paid in disputes regarding:

dissolution of marriage;
division of property;
collection of alimony;
credit debts;
debts for utility services;
compensation for damages after a road accident.

Also, in criminal proceedings and cases of administrative offenses, the issue of paying the court fee is decided separately by the court.

What to do in case of a difficult financial situation

Even if the case does not concern the social protection of veterans, a participant in hostilities has the right to file a petition with the court for exemption from paying the court fee or its installments due to a difficult financial situation.

In such a case, the court takes into account the person’s income level, the presence of dependents, and other circumstances that may indicate the inability to pay the court fee in full.