PRACTICAL ASPECTS OF COURT FEE IN THE DECISION BY ADMINISTRATIVE COURTS OF APPLICATIONS RELATED TO EXECUTION OF COURT DECISIONS

Abstract

The article examines two problematic issues regarding payment of court fee for submission of applications in administrative cases during execution of court decision. Firstly, this is the determination of the court fee rate for filing an application for recognition of unlawful decisions, actions or omissions committed by the public authority – the respondent to the execution of the court decision (Art. 383 of the Code of Administrative Procedure). Secondly, the need to pay the court fee when filing an application to change or establish the method, procedure and time of execution of the court decision (Art. 378 of the Code of Administrative Procedure). The purpose of the study is to determine differences in the legislative acts regarding the payment of court fees for the submission of certain applications during the execution of court decisions, to analyze their impact on the formation of modern court practice and to present proposals for the elimination of the identified problematic issues. The description of the provisions of the Code of Administrative Procedure and the Law of Ukraine “On Court Fee”, which regulate these issues, is given. Examples from the Unified State Register of Court Decisions, which prove the variety of approaches of judges in determining the size of the court fee rate, the existence of the obligation to pay it and the possibility of its return after consideration of applications, are presented. The scientific novelty of the research is the need to exclude the document on payment of the court fee from the mandatory details to the application, which is submitted in the order of Art. 383 of the Code of Administrative Procedure. Free consideration of applications regarding changes or establishment of method, procedure and timing of execution of court decision in administrative cases is offered. It is concluded that a person must pay the court fee only before applying to the court. Then, when applying with other applications at any stage of the trial, she does not have to pay anything extra.