of November 21, 2011 No. 01-06/1625/2011
Economic courts of Ukraine
About some questions of practice of application of the Law of Ukraine "About court fee"
Due to the origin in court practice of the questions connected using the Law of Ukraine "About court fee" (further - the Law), and on amendment to the information letter of the Supreme Economic Court of Ukraine of 25.08.2011 No. 0106/1175/2011 "About the Law of Ukraine "About court fee" the Supreme Economic Court of Ukraine considers necessary to pay attention to it.
1. According to subitems 4 and 5 to Item 2 parts two of article 4 of the Law: for giving in economic court of the petition for appeal on the judgment court fee in the amount of 50 percent of rate which is subject to payment in case of submission of the action for declaration, and in case of submission of the action for declaration of property nature - 50 percent of the rate calculated proceeding from the disputed amount is levied; rates of court fee from the writ of appeal on the judgment constitute respectively 70 and 50 percent.
The specified rates of court fee are subject to application irrespective of, когдадо introductions of the Law claim is submitted to action or after that - and the judgment which is appealed in appeal or in cassation procedure is made.
2. The subitem 8 of Item 2 parts two of article 4 of the Law determines the size of rate of court fee with appeal and the writ of appeal on determination of court, namely 0,5 of the size of minimum wage. The relevant provision concerns giving appeal and writs of appeal on any determinations of economic court irrespective of whether collection of court fee for submission of those statements by results of which consideration the corresponding determinations are taken out is provided by the Law.
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