How to return a court fee that has been paid in error

When paying a court fee, its payers are often mistaken in the details of payment documents, and therefore a court fee is not paid to the due account of the court.

There are also cases when, after paying the fee, taxpayers for various reasons do not file a claim  for which it was paid.

The legislation provides for a mechanism for repayment from the state budget of amounts of court fees that have been wrongly paid. It is reminded by Odessa Court of Appeal.

Thus, a court fee is returned at the request of a person on the basis of a court order in accordance with paragraphs 1-5 of clause 1 of Article. 7 of the Law of Ukraine "On court fee", namely for:

1) reduction of the size of claims or the imposition of court fees in excess of the amount established by law;

2) the return of the application or complaint;

3) refusal to open the proceedings;

4) the abandonment of the application or complaint without consideration (except cases, if such statements or complaints are left without consideration in connection with repeated non-arrival or abandonment by the plaintiff of a court session without valid reasons and failure to submit an application for consideration of the case in his absence or failure to file the claimant with the request of the court materials, or on his application (petition));

5) closure (termination) of proceedings in the case (except cases, if the proceedings are closed in connection with the refusal of the plaintiff from the claim) and such a refusal is recognized by the court), including in the appellate and cassation instances.

In order to return a litigation fee wrongly paid, the payer must apply to the court for a receipt of the application for the return of the fees, payments and other budget revenues, the form of which has been approved by the Procedure, by mistake or excess.

Pay attention! In such a statement it is necessary to specify:

- reasons for the return of funds from the budget;

- the name of the payer;

- the code for the Unified State Register of Enterprises and Organizations of Ukraine (for a legal entity) or the name of an individual;

- the registration number of the taxpayer's account card (identification number) or series and passport number (for individuals who, because of their religious beliefs, have refused to accept the registration number of the tax card's account in the established order and have a note in the passport);

- the location of the legal entity or place of residence of the individual and the contact phone number;

- attach to the application a copy of the document for transfer, which confirms the transfer of funds to the corresponding budget, to indicate in the application its date and number (with the original of such document).

After receiving a submission in court, in accordance with par. 5 p. 5 The latter procedure is submitted by the payer to the Treasury body together with his application for the refund of funds from the budget and the original or a copy of the document for transfer, or a paper copy of the electronic settlement document confirming the transfer of funds to the budget.

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