Should a Prosecutor Pay Court Fees When Requesting to Transfer Ownerless Inheritance to the Community: The Supreme Court's Position
The Supreme Court explained which court fee is payable if a prosecutor files a petition to recognize an inheritance as ownerless in the interests of the state represented by a local self-government body.
Case Details
The head of the Kyiv District Prosecutor's Office in Kharkiv, on behalf of the state represented by the Kharkiv City Council, filed a petition with the court to recognize the inheritance as ownerless and to transfer the inherited property to the ownership of the territorial community.
The court of first instance returned the prosecutor's petition based on part 3 of article 185 of the Civil Procedure Code of Ukraine, since the deficiencies of the petition were not fully remedied within the time set by the court, specifically, documents confirming payment of the court fee were not attached to the case materials.
The appellate court agreed with the conclusions of the first instance court, reasoning that the prosecutor does not replace the local self-government body in the court process, nor does he perform the function of its representation, since he represents the state and is an independent subject of appeal.
What the Supreme Court Stated
The Supreme Court agreed with the conclusions of the lower courts, noting that a prosecutor who applies to the court with a petition to recognize an inheritance as ownerless in the interests of the state represented by a local self-government body is an independent subject of appeal and is not exempt from paying the court fee, since the Law of Ukraine "On Court Fees" does not provide grounds for exempting prosecution authorities from paying court fees for submitting such petitions. At the same time, exemptions from court fees established for local self-government bodies do not extend to the prosecutor.
Supreme Court ruling in case No. 642/3048/23 (proceeding No. 61-1077sv24).
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