On November 22, 2021, a Panel of Judges of the Civil Court of Cassation considered Illia Kyva’s complaint and paused it, as he refused to pay a court fee of UAH 42,000.

The MP, together with the complaint to the court, attached a copy of the certificate of a combatant and referred to the relevant right established by the Law of Ukraine “On Judicial Collection.” Indeed, the relevant law allows participants of military operations, the Revolution of Dignity and Heroes of Ukraine not to pay a court fee when having the case considered in all judicial instances. At the same time, to avoid manipulation of this provision, the Grand Chamber of the Supreme Court clarified the clear criteria for such legal enforcement.

In particular, the court must:

  • consider the subject and grounds of the claim;
  • check whether the case concerns the protection of the rights of the accused persons under the provisions of articles of the legislation on social protection of veterans.

In Kyva’s case, the court concluded that his claims were not related to a violation of rights. It is ironic that Kyva filed an appeal with the payment of a court fee, but there was not enough money for cassation.

What’s next?

The MP was given 10 days to collect UAH 42,000 to pay the court fee. If he misses this deadline, the complaint will be returned.

Let us remind you that on October 27, 2021, the HACC Appeals Chamber confirmed the recovery of UAH 1.2 mln to the national budget. Confiscation of money from the rental of Kyva’s “pulp pit” is the first case of civil forfeiture. According to this procedure, unreasonably acquired assets (money, apartments, cars, etc.) must be transferred to the state income if the court proves their illegality.

In Kyva’s case, the court concluded that his claims were not related to a violation of rights. It is ironic that Kyva filed an appeal with the payment of a court fee, but there was not enough money for cassation.