The decision of the Constitutional Court of Ukraine on the unconstitutionality of a separate provision of the Law of Ukraine “On Court Fees” emphasizes the importance of ensuring a fair balance in the field of access Unconstitutionality of clause to justice! in particular regarding cassation appeals.
Yesterday! January 20! 2025! it became known that the fantuan data Constitutional Court of Ukraine adopted an important decision on the unconstitutionality of a separate provision of the Law of Ukraine “On Court Fees” dated July 8! 2011 No. 3674-VI! this is stated on the official website of the court .
We are talking about subparagraph 7 of paragraph
Part 2 of Article 4 of the Law! which determined the Unconstitutionality of clause rate of court fees for filing a cassation appeal. This decision became not only legal! but also social! as it raised the issue of access to justice! or more precisely! financial barriers that may limit this right for citizens.
The Court noted that in a State governed by the rule of law! the exercise of the right of access to a court must depend primarily on the merits of the dispute and other relevant circumstances relating to the legal issues in the skypro course offer the case! and must not depend primarily or exclusively on the financial capabilities of the party to the dispute.
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The issue of financial barriers in the judicial system
Is it possible to imagine a state governed by the rule of law where a citizen’s financial situation determines his ability to go to court? It seems obvious that the answer is: impossible. However! it is precisely this attitude towards court fees that could limit access to the cassation instance for many citizens. In the case of Petro Kontorsky! the amount of the fee au emai list was so large that it significantly limited his ability to exercise his right to access justice.
