INFORMATION LETTER OF THE SUPREME ECONOMIC COURT OF UKRAINE

of July 5, 2012 No. 01-06/869/2012

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 with determination of property or non-property nature of actions for declaration and according to rates of court fee from such statements and on amendment of Information letters of the Supreme Economic Court of Ukraine of 25.08.2011 No. 01-06/1175/2011, of 21.11.2011 No. 01-06/1625/2011 and of 23.05.2012 the No. 01-06/704/2012 Supreme Economic Court of Ukraine considers necessary to draw the attention of economic courts to it.

1. Article 55 of the Economic Procedure Code of Ukraine (further - HPK) provides determination of the price of the claim in recovery suits of money and about reclamation of property. The corresponding actions for declaration have property nature, and the size of rates for their giving in economic court is determined by instructions of the subitem of 1 Item 2 parts two of article 4 of the Law of Ukraine "About court fee" (further - the Law).

As for actions for declaration of non-property nature, requirements which are not subject to cost assessment belong to them. Giving in economic court of such statements is paid with court fee according to the subitem 2 Items 2 parts two of article 4 of the Law.

In particular, economic courts need to consider that:

1.1. Court fee from the action for declaration about recognition of the property right is determined taking into account the cost of disputable property (that is as by dispute of property nature).

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