11.09.2026
On 9 September 2026, at a plenary session, the Second Senate of the Constitutional Court of Ukraine deliberated the case and delivered Decision No. 10-r(II)/2026 on the constitutional complaint of Volodymyr Lopushanskyi concerning the constitutionality of the seventh paragraph of subparagraph 1, subparagraph 5 of paragraph 3, and paragraph 5 of part two of Article 4 of the Law of Ukraine “On Court Fees” No. 3674-VI dated 8 July 2011, as amended (case on court fees in administrative offence cases).
The Judge-Rapporteur in the case was Oleksandr Vodiannikov.
The Court held that the Law of Ukraine “On Court Fees” does not provide for the payment of a court fee for bringing a claim to challenge a ruling imposing an administrative penalty, or for lodging the corresponding appeals.
In considering the case, the Court proceeded from the premise that the right to judicial protection encompasses genuine and effective access to justice. This guarantee is of particular importance in disputes between an individual and the State, where a person turns to a court for protection against coercive measures imposed by public authorities. The Court emphasised that challenging a ruling in an administrative offence case constitutes an exercise of the right, guaranteed by part two of Article 55 of the Constitution of Ukraine, to challenge acts of public authorities before a court.
The Court stressed that determining the matters subject to court fees, their rates, as well as the conditions and procedure for their collection falls within the exclusive competence of the Verkhovna Rada of Ukraine. A court fee must be proportionate, and neither its amount nor the conditions governing its payment may impose an excessive burden on an individual or create de facto insurmountable obstacles to access to court.
Having analysed the structure and content of the Law of Ukraine “On Court Fees”, the Court found that the legislature had provided for only one specific instance of a court fee being charged in the area of administrative liability — where a court issues a ruling imposing an administrative penalty. At the same time, the Law does not establish a separate obligation to pay a court fee for challenging a ruling in an administrative offence case.
The Court noted that the obligation to pay a court fee in such cases had arisen in judicial practice on the basis of the legal position of the Grand Chamber of the Supreme Court set out in its ruling dated 18 March 2020 in case No. 543/775/17. The Constitutional Court of Ukraine emphasised that the obligation to pay a court fee and the applicable rate fall within the sphere of legislative regulation: the procedure for determining the court fee rate must be established by law.
Having examined the issues raised in the constitutional complaint, the Court held that the seventh paragraph of subparagraph 1 and subparagraph 5 of paragraph 3 of part two of Article 4 of the Law of Ukraine “On Court Fees” No. 3674-VI dated 8 July 2011, as amended, are consistent with the Constitution of Ukraine, having given them a constitutionally compliant interpretation according to which these provisions do not require the payment of a court fee in proceedings challenging rulings imposing administrative penalties.
The Constitutional Court of Ukraine discontinued the constitutional proceedings concerning the review of the constitutionality of paragraph 5 of part two of Article 4 of the Law of Ukraine “On Court Fees” No. 3674-VI dated 8 July 2011, as amended, pursuant to paragraph 4 of Article 62 of the Law of Ukraine “On the Constitutional Court of Ukraine”, on the ground that the constitutional complaint was inadmissible.
