Supreme Court held the Administrative Collegium is competent to hear appeals against decisions refusing to start proceedings due to unpaid fees.
Legislator summary
AI generatedThe Supreme Court confirmed that the Administrative Collegium is the proper body to hear appeals against decisions refusing to initiate proceedings due to unpaid fees. The applicant submitted a 'protest' to a local court, arguing it should transfer the case to a regular court, while the local court rejected this as an improper appeal. The court ruled that since no formal proceedings existed due to the unpaid fee, a protest was legally impossible, and the correct remedy was an appeal to the Collegium itself.
Legislator headnote
AI generatedArt. 43c ust. 4 in fine; Art. 261 § 3 KPA; Art. 43e ust. 1; Art. 43e ust. 2; Art. 43b ust. 2; Art. 261 § 2 KPA: When a formal application fails to commence proceedings due to non-payment of fees, the administrative collegium must refuse the request, and the applicant's remedy is an appeal to the collegium, not a protest to a regular court.