Ukrainian Constitutional Court Strikes Down Appeal Fees for Administrative Rulings

Constitutional Court Judge Issues Separate Opinion

According to Конституційний суд: A separate opinion by Judge Viktor Kychun of the Constitutional Court of Ukraine has been published regarding the Court's ruling of March 10, 2026 (No. 2-r/2026). This landmark decision declared certain provisions of Ukraine's 'Court Fee Law' unconstitutional. Specifically, the invalidated sections pertained to the collection of fees for filing appeals and cassation complaints against rulings in administrative court proceedings.

The case was initiated by a constitutional petition from the Supreme Court. The Constitutional Court ruled on the constitutionality of Part 2 of Article 3 and Subparagraph 5, Paragraph 3, Part 2 of Article 4 of the 'Court Fee Law' (adopted on July 8, 2011, No. 3674-VI). The Court found these provisions, which mandated fees for appealing rulings made under Articles 382 and 383 of the Code of Administrative Justice of Ukraine, to be unconstitutional. This ruling is part of ongoing judicial reforms aimed at aligning Ukrainian law with European standards of justice.

Implications for Administrative Justice

Judge Viktor Kychun expressed support for the operative part of the decision concerning Subparagraph 5, Paragraph 3, Part 2 of Article 4 of the 'Court Fee Law'. The full text of his separate opinion is available on the Court's official website.

The Constitutional Court's decision carries significant weight for administrative justice in Ukraine, as it is expected to substantially improve citizens' access to the courts. By removing these financial barriers to appealing court rulings, the decision simplifies the challenge process and reduces the economic burden on litigants. Consequently, this ruling represents a major step toward enhancing the judicial system and strengthening the protection of citizens' rights in Ukraine.

The recent ruling by the Constitutional Court not only impacts appeal fees but also highlights ongoing judicial reforms in Ukraine. For instance, the court has made significant clarifications regarding judicial recusal in criminal cases, which are essential for ensuring fair trials. Understanding these developments is crucial for those interested in the evolution of Ukraine's legal landscape. You can read more about the recent clarifications on judicial participation here.