Civil procedural law. Costs associated with the consideration of the case (the most important)

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Civil procedural law. Costs associated with the consideration of the case (the most important)

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22. COSTS RELATED TO THE CASE

Costs include expenses, some of which contribute to the achievement of truth in the case, comprehensive, correct and timely consideration and resolution of the case, while others are of a certain preventive nature, warning citizens to file unfounded claims or deliberately delay the trial.

The list of costs associated with the consideration of the case is established by the Code of Civil Procedure of the Russian Federation and is not exhaustive. However, only a court can recognize certain expenses as costs associated with the consideration of a case.

The costs associated with litigation include:

1) certain amounts to be paid to persons contributing to the administration of justice - witnesses, experts, specialists and translators - compensation for the expenses incurred by them necessary to appear in court and perform the duties assigned to them. They are paid for both travel to the place of appearance in court and return travel to their place of permanent residence;

2) insurance payments for state compulsory insurance of passengers in transport, the cost of pre-sale of travel documents, as well as the cost of using bedding on trains. Expenses for travel by motor transport to the railway station, pier, airfield, if they are located outside the settlement, are paid;

3) the cost of renting a dwelling, payment of daily allowance to witnesses, experts, specialists and translators for the days of summons to court - including travel time, weekends and holidays, as well as the time of a forced stop on the way, confirmed by relevant documents, payment is made in relation to the order established by the legislation on reimbursement of travel expenses;

4) compensation for the loss of time - working citizens-witnesses are provided with the preservation of average earnings at their place of work for all the time they spent in connection with a summons to court;

5) remuneration to witnesses who are not in labor relations for distracting them from their usual activities - is paid in the amount of the daily allowance established for business trips;

6) remuneration for the work of experts and specialists - is made dependent on whether they perform such work within the framework of their official duties as employees of a state organization or not. Remuneration is paid only in the case when the work is not included in the terms of reference of experts and specialists. Payment of remuneration to freelance experts for conducting an examination, to specialists for participating in litigation is made in accordance with the concluded agreement;

7) the minimum cost of travel between the place of permanent residence and the place of appearance is reimbursed to witnesses, experts and interpreters, in case of failure to present travel documents;

8) services of an interpreter - also relate to expenses, but these services are paid at the expense of the relevant budget. In this case, special attention should be paid to the fact that the payment for the services of an interpreter is carried out only at the expense of budgetary funds, the parties do not participate in bearing these costs.

Author: Gatin A.M.

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