Court Fees as a National Instrument for Access to Justice in Ukraine: a Procedural Barrier or a Forced Necessity

Abstract

This article explores the legal nature of ‘court fees’ as one of the indicators and procedural filters for access to justice.  Thus, in examining the main doctrinal approaches to the value of access to justice, the authors conclude that account must be taken not only of the legal framework but also of the social and economic development of the country in which an individual seeks to protect their violated, unrecognised or disputed rights. Furthermore, the authors conduct a detailed analysis of theoretical and legal approaches to the procedure for determining the ‘court fee formula’, and identify the main problematic issues and ways to address them. An analysis of European Union legislation regarding the differentiation of court fees suggests that it would be appropriate to introduce uniform standards regarding their amount. The research devotes considerable attention to institutional mechanisms for amending national legislation concerning court costs, in particular their differentiation by court level. As a result, the authors make proposals for improving the current legislation of Ukraine.