A separate provision of clause 7! clause 1! part 2! article 4 of the law does not comply with the principle of proportionality! since it limits a person’s access to the Supreme Court as a court of cassation in . Therefore! it contradicts Civil cases part 2 of article 3! part 1 of article 8! part 1 of article 55! and clause 8! part 2 of article 129 of the Constitution.
It follows that if the amount of the court fee is set at an excessively high level! this will effectively make cassation appeal inaccessible to a large part of citizens. Therefore! it is important that the amount of the court fee does not exceed the capabilities of the average citizen.
International experience in resolving the problem of court fees
If we look at international experience! we can see that in gcash data EU countries such as Germany! France and the UK! court fees are set in such a way as to ensure that justice is accessible to the majority of citizens. For Civil cases example! in France there is a system under which the amount of court fees can be reduced or even abolished for persons with low incomes. This ensures real access to justice for all segments of the population! not just the wealthy.
The experience of the European Court of Human training from expert Rights is also important! as it has repeatedly stressed the importance of creating legal conditions that guarantee access to justice. In a number of cases! the ECHR has recognized excessively high court fees as a violation of Article 6 of the European Convention on Human Rights! which guarantees the right to a fair trial.
Conclusions: first steps towards court fee reform in Ukraine
The decision of the Constitutional Court of Ukraine was an important step towards improving justice in Ukraine. It shows that in a state that strives to be a state governed by the rule of law! access to court should not be determine au emai list solely by the financial capabilities of citizens. This is an important signal to legislators that the court fee system needs to be reviewed so that it meets the principles of fairness and accessibility.
