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.
A complaint to a court can't be filed in Russian
Recently, the Supreme Court, in the composition of a judge of the Court of Cassation, has left a cassation motionless on the grounds that it was written in non-state (Russian) language.
In this regard, we recall that legal proceedings in the territory of Ukraine are carried out in the state language (in particular, in the civil procedure, the relevant norm is enshrined in Part 1 Article 9 of the CPC).
At the same time, the applicant is not deprived of the right to contact an interpreter in order to bring the cassation appeal in accordance with the requirements of the law.
Leaving the oncoming lane, the driver did not violate traffic rules p.11.4 if there was no markup
The plaintiff appealed the decision to bring him to administrative liability under part 2 of Art. 122 of the Code of Ukraine on Administrative Offenses.
In the decision on the administrative offense, which the plaintiff has appealed, it was said that the driver made a trip to the opposite side of the road, which has two lanes for movement in one direction, than violated the requirements of paragraph 11.4. of the Traffic Rules. However, the plaintiff indicated that he did not leave on the opposite side of the road, which has a solid lane, and therefore did not condone the said offense.
Notice of violation is the constitutional right of everyone
The respondent in the case informed the law-enforcement officers of the offenses that the plaintiff did not commit. As a result, the plaintiff appealed to the court requesting compensation for non-pecuniary damage for the distribution of inaccurate information.
Although the district court upheld the claim in part, the courts of appeal and cassation did not agree with such a decision.
The Minor Case is insignificant by its character, despite the fact it wass recognized / not recognized as such by a court
As you know, minor cases are not subject to appeal. The Supreme Court, in the composition of the Cassation Court, recalled the signs of such insignificant cases.
Under the circumstances of the case, the individual filed a lawsuit against the public organization regarding the recognition of the illegal and the abolition of the decision of the presidium of the PO on the increase of membership fee.
The courts of both the first and the second instances denied access to the suit. And then the plaintiff appealed to the Supreme Court.
Who has the right not to pay a court fee
According to Art. 5 of the Law On court fee payment the next categories are exempted of court fee during the consideration of the case in all courts:
