Civil procedural law. The concept of legal costs. State duty (most important)

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Civil procedural law. The concept of legal costs. State duty (most important)

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21. THE CONCEPT OF JUDICIAL EXPENSES. STATE DUTIES

Court expenses - the costs incurred by the persons participating in the case in connection with the consideration and resolution of a civil case.

Legal expenses are intended to:

1) reimburse the costs incurred by the state in connection with the administration of justice;

2) prevent unreasonable appeal to the court, as well as evasion of duties. A person whose claims have not been satisfied shall not be compensated for the expenses incurred by him. If the claims are satisfied, the defendant shall reimburse the plaintiff for the legal expenses incurred by him. Thus, the court costs shall be borne by the person who failed to fulfill his duty in a timely manner or unreasonably applied to the court.

Litigation costs do not prevent low-income citizens from going to court. The law provides for exemption from the payment of state duty in certain categories of cases that significantly affect the interests of citizens, and also provides the court with the opportunity, depending on the property status of a person, to exempt him from court costs, grant a deferment or installment plan for payment of court costs or reduce their size.

Government duty - a fee charged to the state for the consideration and resolution of civil cases.

State duty is paid by:

1) statements of claim;

2) statements in cases of special proceedings and in cases arising from public legal relations;

3) appeals and cassation complaints against court decisions;

4) supervisory appeals in cases that have not been appealed in the appellate or cassation procedures;

5) applications for re-issuance of a copy of a court decision, court order, court rulings, and other documents.

The amount of the state duty is set at the price of the claim.

The price of the claim determined by the amount of money to be recovered or the value of the property being sought. The calculation of the price of a claim in case of periodic payments is determined by the totality of payments, the maximum amount of which is limited.

The following are exempted from paying the state fee in cases considered in courts of general jurisdiction:

1) plaintiffs - in claims for recovery of wages and claims arising from labor relations;

2) plaintiffs - in disputes about authorship, authors - in claims arising from copyright, from the right to an invention, utility model, industrial design, as well as from other intellectual property rights;

3) plaintiffs - on claims for the recovery of alimony;

4) plaintiffs - on claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner;

5) plaintiffs - on claims for compensation for material damage caused by a crime;

6) consumers - on claims related to the violation of their rights;

7) parties - in disputes related to compensation for material damage caused to a citizen by illegal conviction, illegal prosecution, illegal use of detention as a preventive measure or illegal imposition of an administrative penalty in the form of arrest;

8) citizens - when filing applications with the court to establish the adoption of a child;

9) plaintiffs - when considering cases in courts on the protection of the rights and legitimate interests of the child.

Author: Gatin A.M.

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