21 November 2025

On 20 November 2025, the Grand Chamber deliberated the case upon a constitutional petition filed by the Supreme Court in public plenary session in the form of written proceedings.

During the plenary session, the Judge-Rapporteur in the case, Oksana Hryshchuk, reported that the Supreme Court had appealed to the Constitutional Court of Ukraine to verify the compliance of Article 3.2, subparagraph 5 of paragraph 3 of Article 4.2 of the Law of Ukraine “On Court Fees” dated 8 July 2011 No. 3674-VI, as amended (hereinafter, the “Law”) with the Constitution of Ukraine.

Article 3.2 of the Law defines the list of applications for which court fees are not charged. Subparagraph 5 of paragraph 3 of Article 4.2 of the Law establishes the rates of court fees for filing an appeal or cassation appeal against a court ruling with an administrative court; applications to join an appeal or cassation appeal against a court ruling, namely: 1 minimum subsistence level for able-bodied persons.

The author of the petition claims that the contested provisions of the Law contradict Article 8.1, Article 55.1, 55.2 and Article 1291 of the Constitution of Ukraine and restrict the right to a fair trial.

As noted by the Judge-Rapporteur, the content of the constitutional submission and the materials attached to it show that the Supreme Court argues that the contested provisions of the Law, which, in particular, provide for the collection of court fees for the submission of applications in administrative proceedings for judicial review of the enforcement by public authorities of court decisions not in their favour, as well as appeals and cassation complaints against decisions to refuse such applications.

The Supreme Court emphasises that, in accordance with the Law, no court fees are charged for the submission of applications under Articles 382 and 383 of the Code of Administrative Procedure of Ukraine, but court fees are charged for the submission of appeals or cassation complaints against court decisions adopted as a result of the consideration of such applications.

In its opinion, the contested provisions of the Law contradict the above-mentioned provisions of the Constitution of Ukraine, as they allow for the imposition of court fees for filing appeals and cassation appeals against court decisions made in the course of judicial review of the enforcement of court decisions in administrative cases.

The Supreme Court points out that in a case it considers similar, the Constitutional Court of Ukraine, in its Decision No. 6 r(II)/2024 of 13 May 2024, recognised as unconstitutional Article 3.2 and subparagraph 9 of paragraph 1 of Article 4.2 of the Law in that they allow for the collection of court fees when filing an appeal or cassation complaint against a court ruling issued following the consideration of a complaint against a decision, action or inaction of a state enforcement officer or other official of a state enforcement service or private enforcement officer during the enforcement of a court decision issued in accordance with the Civil Procedural Code of Ukraine.

After examining the case materials in the public part of the plenary session, the Court proceeded to the in-camera deliberations for a decision.

The plenary session of the Grand Chamber was attended by the representative of the subject entitled to file the constitutional petition, First Deputy Head of the Supreme Court Administration Rasim Babanly, Permanent Representative of the Verkhovna Rada of Ukraine to the Constitutional Court of Ukraine Maksym Dyrdin, and Representative of the President of Ukraine to the Constitutional Court of Ukraine Serhiy Dembovskyi.

The video recording of the plenary session is available on the Court’s official website in the Section “Archive of Video Broadcasts of Sessions”.