Abstract

The duty to pay court fees applies only to the types of submission that have been selected by the legislator. As there is no relevant regulation, this duty does not apply to a request for exemption from court costs, and in view of the clear exclusion provided for in Art. 95.2 of the Act on Judicial Costs in Civil Cases it does not apply to a complaint against the court decision refusal of exemption from court costs or withdrawal of such exemption. It is fully justified and rational that statutory exemption has been extended to the incidental proceedings concerning exemption from court costs since the object thereof is to assess the capability of the party to pay court fees.

In the context of what has been said above, the issue of extending exemption to further stages of the incidental proceedings becomes problematic, both in theory and in practice. The analysis of this issue, taking into account both the grammatical and teleological interpretation, leads to a conclusion that subsequent submissions, preceded by the incidental proceedings under which all submissions are exempted from court costs, are subject to the duty to pay the fee which – in case of a difficulty in determining its type and amount – shall be the basic fee.