Legal costs in the civil process: types and their accounting

There are various legal costs in the civil process. Expenses, as a consequence, will also differ both in direction and in amounts. It is necessary to understand that the court spends money on the proceedings, studying the characteristics of the case, conducting various examinations, attracting specialists and so on. But all the costs of such a plan are not borne free of charge. During the proceedings or after the decision is made, the participants in the legal process are obliged to return all the money spent. In general, the same scheme will be followed, as in lending, with the difference that interest on the debt is not accrued. But sooner or later from the person the necessary sum will be received.

Division of costs is made by court decision, and there is no special formula, well-defined calculations and the like factors that can be taken into account. The main rule is the rationality of distribution, which takes into account the financial condition of both sides of the conflict, the degree of guilt, the particular costs incurred, and much more. Ideally, people will not dare to demand more than they can afford to pay, even theoretically. In practice, there are different situations, and if privately the interested person can not prove the fact that it does not have the opportunity to bear such expenses, it will be necessary to somehow get out and pay.

What is the legal costs in the civil process?

As mentioned above, these are all the costs incurred by a public authority to accurately determine the guilt or innocence of a party to the conflict. In many cases, they include those costs that were used to attract witnesses, pay for lawyers and experts. Less common are other types.

They all fall into two main categories. In general, it is under this concept that one of the types of payments, the largest and most widespread one, is implied. In any case, this is one of the mandatory features of the judicial process, which is present in all such cases. As a rule, the more complex the problem, the greater will be the legal costs in the civil process. The calculation of these amounts can be both a fairly simple matter and a relatively complex action that will not be unambiguously understood by all interested parties.

It should be remembered that if there are claims to the amount of payment that needs to be paid, then all your questions can be specified in private. In some cases, this can actually lead to the fact that the amount will be revised in one direction or another.

Court expenses

This is the first group of costs, which is obligatory for payment. It is called a state duty. It must be paid necessarily, but only for certain categories of proceedings. This is the main difference between costs and legal costs in the civil process. The concept of these categories also differs somewhat.

The total amount is established in accordance with the Tax Code of the Russian Federation, in particular, information is provided in Article No. 333.19. It must be remembered that the state duty is absolutely the same for all regions of the country and for all ships. No differences are allowed. That is, the same problem in the capital and the region must cost the same. Discrepancies will be a serious mistake.

So, several groups of proceedings are singled out, for which it is necessary to pay the state fee: judicial orders, supervisory and cassational, appellate complaints, public legal relations, special proceedings and lawsuits. But these are not all differences. There is another factor that distinguishes the state duty and legal costs in the civil process. The amount must be paid before the start of the proceedings. If the costs can be paid in the process or by the results of the completion of the case, the duty is paid only in advance.

Features of payment of expenses

Not all categories of the population have the opportunity to make the right amount on time. This is also provided for in legislation. In particular, in the Tax Code, paragraph 333.36 is responsible for this. There is an opportunity to distribute payments for a certain period, postpone the moment of payment, reduce it, and so on. Here, many factors are taken into account, among which the general material condition of the interested person also appears.

Legal costs

The main difference between these payments from the above is their division into several basic types. It should be noted that additional costs are possible, if the conditions of the proceedings so require. Among other things, legal costs in the civil process, the types of which are listed below, may or may not appear at all.

Varieties:

• Expenses for mail;
• Compensation for time spent;
• Costs for the actual implementation of the court decision;
• The cost of searching for the required persons;
• The amount that was spent as a result of travel and residence of third parties;
• Expenses for the services of experts, specialists, lawyers and so on;
• Other types of costs.

All this is described in the Civil Procedural Code of the Russian Federation, in Article No. 94. Legal costs in the civil process related to postal expenses are quite understandable. More details should be given to other points.

For example, a person is obliged for some reason to appear in court, in ordinary life is an entrepreneur, every minute of which, not spent on income, represents a direct loss. If this citizen can prove the fact that because of the proceedings he really suffers permanent costs, then they will have to compensate him in the specified amounts (or those that the court deems appropriate).

Another example: there are persons who are able to act as witnesses, and their testimony is of great importance. But they live on a permanent basis in another region. All the costs they incur in order to arrive in court and reside in a new place throughout the entire course of the case will also be compensated.

The third example: the defendant is hiding from justice. Perhaps he did not do anything that could cause him to be searched by law enforcement agencies, but that person refuses to go to court. In this case, it will have to be looked for. And this also costs money, which will also be subsequently paid.

Reimbursement of court costs in the civil process is mandatory. Dates and details may vary, but the end result will still be the same.

Paying for a lawyer

This point should be singled out separately. The bottom line is that many citizens refuse to work with lawyers. Perhaps they are afraid of their prices. In another situation, such persons can be absolutely sure of their rightness and do not consider it necessary to attract more and separate defenders. As a rule, such confidence is based on banal ignorance of laws, and the lawyer will eventually be cheaper than if the court decision was taken without his participation. This is a characteristic feature that legal costs have in the civil process of the Republic of Belarus, the Russian Federation and any other country.

For example, the defendant believes that he is right. He refuses a lawyer whose services would cost him 30 thousand rubles. According to the results of the court, it is imposed on him to pay the plaintiff an amount of 100 thousand rubles. And this despite the fact that the defendant claims that he is completely right. Still have to carry out the decision of the court. But if there was a lawyer, it is possible that we could manage with the amount of 50 thousand rubles. That is, the total costs are not 100,000, but 80,000.

Among other things, in some situations, lawyers work on a rather interesting scheme. The example is very simple: the entire amount that the defendant is obligated to pay and the agreed percentage of it is taken. This usually applies to really serious proceedings, in which very large amounts of money appear. In such a situation, the payment of a lawyer is not included in the costs of litigation in the civil process. Who pays for everything else, the court will decide, but the applicant's agreement with the lawyer will not be canceled already. True, in certain cases, even such expenses may be exposed to the defendant, but this again depends on the concluded contract and the court decision.

Who pays for legal costs in the civil process?

There are three main types of payment of all funds that were spent on the proceedings. The first one implies that the applicant won the case completely and unconditionally. If there are no mitigating factors, then absolutely everything has to be paid by the losing side. The second, more common option - the costs are divided between both parties to the conflict in proportion to the degree of guilt.

For example, the plaintiff wants to get 100 thousand rubles. But the court decides that this is too much, and ultimately obliges the defendant to pay only 50,000. As a consequence, all expenses will also be divided equally. That is, one side will receive half of the requested and from it will be able to reimburse the costs of the court apparatus. The second, in turn, will have to pay and said 50 thousand, and another half of the costs.

The third option is extremely rare and implies that the applicant has not fully assessed his capabilities and requests. He loses the case. In this case, he himself will be to blame for being forced to pay all the legal costs in the civil process, which he himself initiated. As a rule, if you use the services of a lawyer, such situations do not occur.

Application for payment

Simply so, in the automatic mode to force the losing party to pay it will not turn out. To do this, you need to write a statement immediately after the court decision is announced. Who pays for legal costs in the civil process, the court can decide only. But if this document does not contradict all the features of the case, then almost simultaneously with the passing of the verdict on the loser, these additional obligations are also imposed. The form of the application is approved by law, it is recommended that it be prepared in advance, based on the data that is already known.

Principle of reasonableness

This is one of the basic factors that a court must rely on when deciding on how and who will pay legal costs in a civil process. This all means that an adequate evaluation of all real costs, officially confirmed by the relevant documents, is made. Some of them are beyond doubt. These include the costs of travel, accommodation, postal services and so on. But compensation for time spent, expenses for a lawyer, specialists and so on can already be considered as controversial. If the court decides that, for example, an expert has asked for an amount that significantly exceeds market value, then the final costs will be reviewed.

Confirmation Requirements

Legal costs in the civil process, the registration of which necessarily requires documentary confirmation, can not be assigned simply. There is always a reason. That is, if a person can not document the incurred costs, then such expenses are not automatically taken into account. As a consequence, it is necessary from the very first day to collect all the papers, one way or another able to prove that this particular person has actually spent something. This is the only way to get full compensation afterwards for all the inconveniences, expenses and so on.

For example, with an attorney there was an oral agreement. Subsequently, he was paid the previously agreed amount, but there are no documents that could confirm that he did receive this money for his services. As a result - to compensate for the costs of such a plan will not work. As a rule, all parties understand this perfectly well, and even more so lawyers know with whom in some cases they agree that payment will be made only after receiving compensation from the defendant. Naturally, they are interested in the fact that everything was according to the rules, and they themselves will be offered to conclude a contract that is guaranteed not to contradict the legislation.

Features of public organizations

Separately, we need to talk about the fact that not everyone in general has the right to these types of compensation. Thus, legal costs in the state process are not reimbursed in any way for various public organizations. They mean those of them who, for the basis of their activities, have taken the protection of various strata of the population. Given how many problems they have, there is a separate resolution, which clearly states that if such an organization decided to do anything at all, then it is implied that the money for this activity will definitely be found. Somewhat incorrect from the point of view of logic, but the law is the law, and it must extend to all.

The result

Summing up, we can draw the following conclusion. It is always necessary to hire a lawyer, even if there is a 100% certainty of one's own rightness. In rare situations, this can lead to unnecessary costs, but more often this approach allows you to save considerably. You also need to constantly collect all the documents confirming the costs. Without them, you can not get money. Among other things, one should really assess their capabilities and not start deliberately deplorable cases. Another important point - do not be sure in advance that the matter will be definitely won.

Legislation is an element that can be interpreted very differently. Moreover, sometimes there are some moments that change the situation to the reverse one second. And the last thing is always much easier and cheaper to negotiate independently, without involving the court. Any disputed situation can be solved without unauthorized persons.