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Consumers, in claims related to violation of their rights, are exempted from paying a court fee

... by the provisions of item 4 of part 2 of article 10 of the Law of Ukraine "On judicial collection" by amending part 3 of article.22 of the Law of Ukraine "On Consumer Protection"!

Part five of Article 119 of the CPC of Ukraine with the changes made in accordance with the LawNo. 3674-VI of 08.07.2011 "On Judicial Fee", as of the moment of filing the claim, it is established that adocument confirming the payment of the court is attached to the claim collection.

Part one of Article 121 of the CPC of Ukraine, as amended by LawNo. 3674-VI of 08.07.2011 "On Judicial Fee", as of the moment of appeal, it is determined that theJudge, having established that the statement of claim was filed without compliance, set out in Articles 119 and 120 of this Code, or failing to pay the court fee, shall issue a decree specifying the grounds for leaving the application without motion, of which it shall notify the plaintiff and shall give him a time-limit for remedies not exceeding five days from the date of receipt plaintiff's order.

However, part three of Article 22 of the Law of Ukraine "On Consumer Protection" with the changes made in accordance with the LawNo. 3674-VI of 08.07.2011 "On Court Fee", as of the moment of claim, states thatconsumers are released from payment of court fees for claims related to violation of their rights.

The fourth part of the second part of Article 10 of the Law of Ukraine "On Judicial Duty" defines the words "state duty"in part three of Article 22 of the Law of Ukraine "On Consumer Protection" (Verkhovna Rada of Ukraine, 2006, No. 84). "replaced by the words" court fee.

Therefore, consumers are dismissed from claims related to violation of their rights from payment of court fees by the prescriptions of paragraph 4 of part 2 of article 10 of the Law of Ukraine "On court fee" by amending part 3 of article.22 of the Law of Ukraine "On Consumer Protection".

According to Part 7 of Art.6 of the Law of Ukraine “On Judicial Fee”, the distribution of court fees between the parties and the verification of completeness of payment of court fees are carried out in accordance with procedural legislation.

This is confirmed by the jurisprudence, in particular, the decision of the Supreme Judicial Council of 19.10.2016 in case No. 758/8916 / 15ts (no.According to Part 1, 2 Article.79 of the CPC of Ukraine, legal fees consist of court fees and costs associated with the case. The amount of the court fee, the procedure for its payment, the return and the exemption from payment shall be established by law. The Law of Ukraine “On Judicial Fee” stipulates that a judicial fee is charged for submitting applications and complaints to a court throughout Ukraine. According to Part 3 of Art.22 of the Law of Ukraine "On Consumer Protection" consumers are exempted from paying court fees for claims related to violation of their rights. In accordance with the explanations set out in paragraph 5 of the resolution of the plenum of the High Specialized Court of Ukraine on Civil and Criminal Cases of October 17, 2014 No. 10 “On the Application by the Courts of the Law on Court Costs in Civil Matters”, since Art.5 of the Law of Ukraine "On Court Fees" does not contain an exhaustive list of privileges for payment of court fees, then in determining such benefits should be guided by other legislation of Ukraine, for example, Art.22 of the Law of Ukraine "On Consumer Protection".

Therefore, leaving the statement without motion on grounds of non-payment or absence of a document confirming payment of court fees when appealing to consumers, on claims related to violation of their rights by failure to apply item 4 of part 2 of article 10 of the Law of Ukraine "And part 3 of Article 22 of the Law of Ukraine "On Consumer Protection" is the deprivation of such applicants the right to a fair trial, which is a violation of the requirements of Art.6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.

Roman Truskavetsky

Translated from Ukrainian using Google translator

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