The Administrative Cassation Court Within the Supreme Court Has Taken a Position on the Exemption from Payment of the Court Fee of a Person Representing a Minor

The complainant, acting on behalf of a minor, applied to the court with a cassation appeal against the ruling of the court of appeal, which had refused to grant the request for exemption from payment of the court fee; the appeal was returned. In returning the appeal, the court of appeal pointed out that in determining the grounds for exemption from payment of the court fee, the court should take into account the income of the parents, not the child.

The cassation appeal, in particular, was motivated by the fact that the court of appeal, when returning the appeal, did not take into account the fact that the plaintiff in this case was a minor child, and his legal representative acted solely in the interests of the child, therefore the income of the legal representative did not matter for establishing the ability to pay the court fee.

The Supreme Court composed of a panel of judges of the Administrative Cassation Court upheld the plaintiff's cassation complaint, overturned the ruling of the court of appeal and remanded the case to this court for further consideration.

The Court pointed out that according to paragraph 14, part 2, Art. 3 of the Law of Ukraine On Court Fees, court fee is not charged for filing an application, appeal and cassation appeal on the protection of the rights of minor children or adolescents.

Thus, parents, legal representatives of minor children or adolescents who file complaints about the protection of the rights and / or interests of a minor child or a minor adolescent are exempted from paying the court fee.

At the same time, the panel of judges stated that the right to apply to the court in accordance with Art. 5 of the Code of Administrative Proceedings of Ukraine arises as a result of a violation caused by decisions, act or omission of a person in authority of the rights, freedoms or legitimate interests of a person who asks for their protection.

In deciding on the exemption from payment of the court fee of persons who are the legal representatives of a minor child or a minor adolescent, it is appropriate to consider whether the appealed decisions, act or omission of a person in authority have caused a violation of the legitimate rights and interests of such a person.

In view of the fact that the matter being challenged in the case is the defendant's decision which granted permission to develop a land-use project regarding the allocation of a plot of land for personal farming in a size smaller than that expressed in the applicant's request, an appeal against the decision of the court of first instance in this case by a person who is the legal representative of the plaintiff (a minor) is aimed at protecting the rights and interests of such a minor.

Consequently, when filing an appeal in the interests of a minor in this case, the representative of the plaintiff was not required to pay the court fee.

The Resolution of the Supreme Court of April 13, 2022, in case No. 120/1647/20-а (administrative proceedings No. К/9901/34687/20) – https://reyestr.court.gov.ua/Review/103945754.

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