Guide5 min read
Court and procedural steps
How to Reduce or Defer the Court Fee: Motion and Evidence
A bare reference to financial hardship is not enough: the court fee, annual income, selected Article 8 ground, and supporting documents must form a coherent case. This guide explains what to file in court in Kyiv or Kyiv Oblast without promising an outcome.

What you should know
- First check Articles 3 and 5 of the Law: the fee may not be charged, or an exemption may already apply without using the 5% threshold.
- For an individual, one condition under Article 8 is that the fee strictly exceeds 5% of documented income for the preceding calendar year.
- Even when the numerical condition is met, the court assesses financial circumstances and evidence and may grant relief, but is not required to do so.
- Ask for a specific form of relief in the motion: deferral, installments, a reduced amount, or a waiver; do not replace the supporting reasons with a proposed schedule.
When this is needed
A motion under Article 8 is useful when the required court fee creates a real financial obstacle for an individual and the documents can show the court that person’s financial circumstances. It is not a way to postpone payment without explanation: connect the applicable fee, legal ground, financial facts, and a clear request.
Before calculating, check the two earlier routes. Under Article 3, a fee may not be charged for a particular action, and Article 5 may directly exempt a person or category of cases from payment. Only then determine the full fee for the specific claim, application, or appeal.
If relying on the 5% threshold, use the court fee threshold calculator. For a civil claim, the court fee calculator for claims can help check the full fee separately. Both results are preparatory calculations, not a decision on an exemption.
Applicable deadline or procedure
Article 8 of the Law of Ukraine “On Court Fees” allows a court, taking a party’s financial circumstances into account, to defer or permit payment in installments under specified conditions. For an individual, one condition is that the fee exceeds 5% of their annual income for the preceding calendar year. The official text is included in the verified sources below.
The formula for this ground is:
threshold = documented income for the preceding calendar year × 5%.
The comparison is strict: the fee must be greater than, not equal to, the threshold. For example, with income of 300 000 UAH, the threshold is 15 000 UAH. A fee of 15 000 UAH does not exceed it, while 15 000.01 UAH does. Even in the second case, the court is not required to grant the request automatically.
The law also provides alternative conditions related to the claimant’s status or the subject matter of the claim. These cannot be reduced to a numerical calculator: check the precise provision, actual status, and substance of the claims. On the same grounds, the court may reduce or waive the fee.
There is no universal schedule for deferral or installments. The court sets the terms in light of the request and circumstances, but the law limits the period to the date the court issues its decision in the case. Do not present a preferred payment calendar as a guaranteed rule.
Steps to take
- Identify the procedural document, court instance, and full fee.
- Check Articles 3 and 5 and any special provisions before relying on Article 8.
- Select the relevant Article 8 ground: the 5% threshold, documented status, or the applicable subject matter of the claim.
- If using the threshold, gather data on all income for the preceding calendar year and calculate the amount in hryvnias and kopecks.
- Prepare evidence of financial circumstances beyond a single salary certificate: income, accounts, assets, dependents, recurring expenses, and other relevant facts.
- Make a specific request: defer payment, allow installments, reduce the fee to a justified amount, or waive it.
- File the motion with the procedural document or by the deadline in the court order, and keep proof of filing.
For a Kyiv case, do not replace the legal grounds with the details of a particular court. First check jurisdiction and filing method, and verify payment details only on the official resource of the chosen court. If the claim has already been left without movement, follow the guide to correcting deficiencies and meet the deadline in the order.
What to check before filing
Compare the periods covered by all certificates. For an application in 2026, income is measured for calendar year 2025. A certificate for the last six months, the current account balance, or one month’s salary may add context about financial circumstances, but does not replace the basis for the 5% formula.
Check whether the evidence covers all material sources of funds. If a particular source of income is absent, support that with official information and an explanation rather than simply entering zero in the calculation. The court considers not only the formal income figure but also the person’s actual ability to pay.
Make sure the relief requested matches the reasons. For deferral, explain when payment may become possible; for installments, why partial payments are realistic; for reduction, why the proposed amount is affordable; and for a waiver, why even a smaller or later payment would not remove the obstacle. This is the supporting case, not a schedule already set by the court.
When to consult a lawyer
A review is especially useful when the fee covers several claims, a different rate applies to an appeal or cassation, or there is uncertainty about the claim value, an electronic filing multiplier, or a direct exemption. An error in the starting fee makes the income comparison uninformative.
A lawyer can also help when income is irregular, there is business income, property, foreign accounts, dependents, medical expenses, or other circumstances that must be explained without concealing facts. For a case in Kyiv or Kyiv Oblast, it is useful to check jurisdiction, the procedural document, the deadline for complying with the order, and the completeness of the motion’s attachments at the same time.
What to prepare
- Calculation of the full court fee for the specific procedural document.
- Tax registry information on income for the entire preceding calendar year.
- Certificates of salary, pension, social benefits, business income, and other income for the same period.
- Bank statements and documents concerning assets, savings, recurring payments, dependents, and significant expenses.
- Documents showing a special status or the subject matter of the claim if relying on another Article 8 ground.
- A reasoned motion with one clear request or properly explained alternative requests.
Common mistakes
- Comparing the fee only with monthly salary instead of total income for the preceding calendar year.
- Submitting one certificate showing no salary without explaining other income, accounts, property, and financial circumstances.
- Treating an amount above 5% as an automatic waiver and failing to explain financial circumstances.
- Skipping Articles 3 and 5 and first seeking discretionary relief when a direct exemption may apply.
- Asking vaguely to “grant relief” without specifying the form, amount, timing, and supporting evidence.
Official sources
- Law of Ukraine “On Court Fees”Articles 3 and 5 govern fee collection and exemptions; Article 8 covers deferral, installments, reduction, and waiver in light of financial circumstances.
- Law of Ukraine No. 4508-IXOfficial text of the latest amendments to the Law of Ukraine “On Court Fees” for checking the current version.
- Comparative table for amendments No. 4508-IXAn official judiciary resource that helps verify the substance of the court fee amendments.
- Court guidance on financial circumstances and evidenceThe official court page explains judicial discretion and the need for proper documentary evidence.
- Prepared
- This material was prepared for the website’s reference section based on official sources.
- Control
- Before publication, the editors check legal statements against the cited official sources and the date they were current.
- Important
- This guide is informational. A decision requires review of the documents, deadlines, and factual circumstances.
Current as of . The material depends on the documents and circumstances of the specific case.
Frequently asked questions
Is it enough that the court fee exceeds 5% of annual income?
No. This is one condition under Article 8, but the court also assesses financial circumstances and the evidence submitted. A favorable ruling and a particular form of relief are not automatic.
What period of income should be documented?
The preceding calendar year. For an application in 2026, that is 1 January through 31 December 2025, not the twelve months before the filing date.
What is the difference between deferral and installments?
Deferral moves payment to a date set by the court, while installments divide payment into parts. The law limits both options to a period no later than the court’s decision in the case.
Can I ask for a reduction instead of only postponing payment?
Yes. Part 2 of Article 8 allows the fee to be reduced or waived on the grounds listed in Part 1. State the request clearly and support the relevant circumstances.
What if I do not have income documents?
Gather available official information about income, benefits, accounts, and financial circumstances, and explain why a particular document is unavailable. Do not replace evidence with an assumption of zero income.
When should I file the motion?
As a practical matter, file it with the procedural document or promptly after receiving an order requiring the fee issue to be corrected. Always meet the deadline set by the court.
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