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Publication date: 23.05.2024
lawyer, 23 years of experience in enforcement.
Clauses 1-5 of the 1st Art. 7 of the Law of Ukraine "On Court Fees" provides for the possibility of returning paid amounts of court fees. Yes, the court fee is returned at the request of a person on the basis of a court decision in the case of:
- - reducing the size of claims or filing a court fee in a larger amount than established by law;
- returning a statement or complaint;
- refusal to open proceedings in the case in the court of first instance, appeal and cassation proceedings in the case;
- leaving an application or complaint without consideration (except for cases where such applications or complaints are left without consideration in connection with the repeated non-arrival or abandonment of the court session by the plaintiff without valid reasons and failure to submit an application for consideration of the case in his absence, or failure by the plaintiff to submit the materials required by the court , or at his request (petition);
- closing (termination) of the proceedings in the case (except for cases when the proceedings in the case are closed due to the plaintiff's refusal of the claim and such refusal is recognized by the court), including in the appellate and cassation instances.
The petition must meet the general requirements for form and content established by the relevant code (Article 183 of the Civil Procedure Code of Ukraine, Article 170 of the Economic Procedure Code, Article 167 of the Code of Administrative Procedure). The court issues a corresponding decision on the satisfaction of the petition.
In accordance with Part 5 of Art. 7 of the Law of Ukraine "On Court Fees", the refund of the paid amount of the court fee is carried out in accordance with the procedure established by the central executive body for ensuring the implementation of state financial policy.
Such a procedure is the Procedure for the return of funds mistakenly or excessively credited to the state and local budgets approved by the order of the Ministry of Finance of Ukraine dated September 3, 2013 No. 787.
According to Order No. 787, in case of return of the court fee (except erroneously credited), the original or duly certified copy of the court decision is submitted to the Treasury.
The court decision is submitted by the payer to the Treasury body together with his application for the return of funds from the budget and the original or a copy of the transfer document or a paper copy of the electronic settlement document confirming the transfer of funds to the budget.
A copy of the document for transfer is submitted if the original of the document for transfer is found in the court file and this is indicated in the court decision.
The application for the return of funds from the budget, which is submitted to the relevant Treasury body, is made by the payer in an arbitrary form with the mandatory indication of the following information:
- reasons for returning funds from the budget;
- name of the payer (business entity), code according to the EDRPOU (for a legal entity) or surname, first name, patronymic of an individual, registration number of the taxpayer's registration card (identification number) or series and passport number (for individuals, who, due to their religious beliefs, refused to accept the registration number of the taxpayer's registration card in accordance with the established procedure and have a mark in their passport);
- location of a legal entity or residence of an individual and contact phone number;
- the amount of the payment to be refunded, the method of transfer of funds from the budget - in non-cash form with an indication of the details of the account of the recipient of the funds or in cash form.
In accordance with Order No. 787, in the application, the payer can identify a proxy to receive the funds that must be returned to him from the budget. In this case, a power of attorney to receive funds by a proxy, certified in accordance with the requirements of the Civil Code of Ukraine, and a copy of the proxy's passport are attached to the application. The application and a copy of the court decision, duly certified, are submitted to the relevant Treasury body at the place of crediting the payment to the budget.
The norms of Order No. 787 establish cases when the court decision is returned to the grantor without execution.
If there are current receipts on the relevant receipt accounts, within 5 working days from the date of receipt of the application and the court decision, the Treasury body will transfer the funds to the recipient's account once for the total amount or in partial amounts.
In case of insufficiency or lack of current receipts on the relevant receipts accounts for refund, the relevant Treasury body no later than 5 working days from the date of receipt of the application and the court decision sends an appeal to the State Treasury Service to reinforce these accounts with funds.
The procedure for returning the overpaid court fee does not take much time, but it is quite complicated. The borzhnik in this matter can count on pre-trial dispute regulation, but in most cases, judicial dispute regulation is necessary to resolve the issue.
The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of amicable settlement with the creditor, removal of seizure from real estate and funds, Arrest for inviolability, bankruptcy of an individual, debt reduction, etc.
