LawState and Law

Legal costs

In civil proceedings, court costs are amounts of money paid by persons seeking assistance from the court. In a broad sense, the concept is a fee for activities in general and individual actions. Individual actions may be carried out by court bodies or private individuals who execute judicial obligations. Also the concept assumes spending for conducting business - on hiring of the attorney.

The court fee and charges for the production of the case are paid forward. The payment is made by the party that requires a procedural act. If two parties act with the demand, the court costs are covered by them equally.

Decision making involves determining the opponent who should be rewarded for conducting the process. It also establishes a party that will make reimbursement of court expenses to the other party. The amount of expenditure is determined in accordance with the data provided during the process. In the event that it is not possible to establish this in the formulation of a decision, the acquitted party is entitled to seek the amount in an executive order.

Court costs are established in accordance with the principle of "reimbursement" in modern civil legal proceedings. The state, providing protection and protection of civil rights, charges a fee for its services.

It should be noted that in ancient times in Russia (as in Western countries), the court was considered one of the most profitable articles of power. So, sending out their representatives to collect certain incomes in the region, the princes entrusted officials and reprisals as an integral part of their incomes. The fees came in favor of the prince or the sent ones themselves.

In the judicial decision different penalties were determined. So, the higher the person who resolved the dispute, the more was the waste. At the same time, court costs were paid by the accused in favor of the court and the winning party.

Before the publication of the first judicial document, three types of charges were used. So, duties for a call to court, "field" and from a world transaction were raised. With the introduction of the judicial order, eleven types of charges were established. For each instance, there were duties. Recovery was carried out after the process. However, at the time of committing the judicial actions, those in litigation were bailed out. During the reign of Tsar Boris, all the charges were turned to the treasury. Judges were thus given the right to accept voluntary offerings.

During the period of collection, the fees formed a special system. Thus, duties were introduced in favor of the chancery and courts, as well as state duties (in favor of the treasury).

In the pre-reform Russia, four types of charges were established. These were:

  1. Duties from petitions brought to courts.
  2. Amounts for transferring the appeal proceedings to higher authorities and fines for wrongful complaints and claims. Part of the fines applied in favor of the court that decided the case, part - in the direction of the order (institution) of public charity. Portable fees were introduced solely as a pledge of the right appeal (similar to today's cassation pledge) and, in the event of recognition of the appeal of the right, returned.
  3. Money for articles.
  4. Duty with stamped paper.

According to the Vault of 1857, expenses were collected in any case from the side that was recognized as wrong. Thus, the losing party rewarded the rival for all losses and expenses, regardless of the penalties that were made at the request of the acquitted. The old processes involved the management of cases on plain paper. But at the end of the proceedings, a stamp duty was collected for all paper used. Subsequently, the Charter abolished this fee. Later, fines were canceled for the presentation of rejected claims.

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