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Personal cabinetCourt fees. Specifics of a person’s access to justice
Bibliographic description of the article for the citation:
Лисянський Роман. Court fees. Specifics of a person’s access to justice//Science online: International Scientific e-zine - 2023. - №10. - https://nauka-online.com/en/publications/jurisprudence/2023/10/01-24/
Annotation: This article is devoted to the study of the issue of court fees and their impact on access to justice. It addresses the importance of access to justice as a fundamental right of every person and the problems that the system of court fees can create for people with limited financial means. The article examines the need to reform this system to ensure greater access to judicial protection. The author points out that the judicial system, although financed by public funds, which guarantees its independence and efficiency, can create financial barriers for citizens, especially for those who do not have sufficient financial resources. The court fee, which is mandatory when applying to the court, can lead to serious consequences, such as dismissal of a claim due to non-payment of the court fee. Therefore, the author points out the need for careful consideration and possible reform of the court fee system in order to ensure greater access to judicial protection for all citizens. The article also emphasizes the importance of balancing the interests of the state and plaintiffs in the collection of court fees, as well as the need to comply with the principle of "reasonableness" when setting the amount of this fee. The law provides for various measures that may facilitate access to court protection for persons with limited financial resources, such as exemption from payment, deferral, installment or reduction of the court fee. The author emphasizes the complexity of the procedure for exemption from court fees and determination of a reduced amount for persons with low incomes and notes that this process is aimed at ensuring fair access to justice for all citizens. An important factor is the correct presentation of evidence and justification by persons applying to the court and requesting exemption or reduction of court fees. The author suggests various possible approaches to solving the problem of court fees for low-income persons, such as abolishing or reducing court fees, expanding the right to exemption from payment, allowing payment in installments, taking into account the amount of court fees in accordance with income, and expanding access to free legal aid. The article emphasizes the importance of considering each option in the light of the specific circumstances of each situation in order to ensure that the judicial system is accessible and fair to all, regardless of their financial situation.