What are the consequences of changing the subject of an administrative non-property lawsuit?

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On the administrative case of a non-property nature, simplified legal proceedings have been opened. Currently, I want to submit an application to change the subject of the lawsuit, namely to cancel 1 of the 3 requirements. There is no change in the grounds of the claim. If such an application is submitted, is the lawsuit returned for preliminary consideration? Is it necessary to write additional applications for the refund of the court fee for the claim that is being canceled?

02.06.2023 12:33 578

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Photo of sikorsky.y.o Yaroslav Sikorsky

In accordance with the provisions of part 1 of Art. 47 of the Code of Administrative Procedure of Ukraine, in addition to the rights and obligations specified in Article 44 of this Code, the plaintiff has the right to withdraw from the lawsuit at any stage of the judicial process. The claimant has the right to change the subject or grounds of the claim, to increase or decrease the amount of claims by submitting a written statement before the end of the preparatory session or no later than five days before the first court session, if the case is considered in the order of simplified claim proceedings.

So, if you did not miss the above-mentioned deadlines, then you can easily reduce the size of the claims, while your claim will not be returned by the court.

Due to the fact that the amount of claims has decreased, you can return part of the overpaid court fee, for which you need to submit a corresponding application to the court.

02.06.2023 23:02

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