State duty in court: settlement and payment

If you need to go to court with a lawsuit, you should know that some categories of cases are considered by judges for free, and for some you have to pay a state fee. What is the state fee to the court, how are the settlements going, what is the sum of the claim, what categories of citizens are related to the tax exemptions, where and how to pay the state fee?

What is the state fee?

The state fee is a fee sent to the budget of the country, which the citizen must pay to the authorized bodies (state, local government or otherwise), performing certain functions and legal actions established by the legislation.

The state fee is paid for the actions of such bodies as:

• Judicial sections (magistrates);

• Courts of general jurisdiction and arbitration;

• The highest judicial bodies (the Supreme and Constitutional Courts);

• Notaries;

• Registry offices;

• Migration services;

• Other state and municipal bodies.

Calculation of the amount paid

In order to properly calculate the amount of state duty, you need to know the exact amount and essence of the claim (for example, payment of alimony or compensation for harm). After this, it is necessary to turn to the calculations established by the law (at the moment).

There are two types of payment of state duty :

• Depending on the price of the disputed property (in rubles and percent of the amount of the claim);

• Fixed amount (in rubles).

The amount of state duty in court is established by the Tax Code of the Russian Federation (Chapter 25.3 of the Tax Code) and is uniform for all regions.

What is the sum of the claim?

It would seem that nothing complicated in the calculation of the price of the claim can not be. Most often we know exactly the amount that we want to demand from the defendant. But why do many plaintiffs turn to lawyers to get advice on compiling, calculating the price of the statement of claim and calculating the fee due to the state? Why is it so necessary to calculate accurately and properly paid state duty?

The lawsuit is filed only with a full and accurate (up to a penny) calculation of the required amount and, accordingly, properly paid state duty, otherwise the case may be suspended to correct all errors in the calculations.

The amount of the claim includes:

• The value of the required property;

• Assessed penalty, penalties and fines;

• The plaintiff's expenses in the exercise of his rights (for example, payment for the preparation of a statement of claim or for the services of a lawyer);

• Compensation for non-pecuniary damage.

A simple example: according to the supply contract, the defendant must pay 250,000 rubles. During the delay, in accordance with the earlier concluded agreement, a fine of 5,000 rubles was assessed. In addition, the plaintiff spent 1,000 rubles paying the drafting of the statement of claim to the hired lawyer, and 5,000 rubles for the presentation of services in court. The total amount of the claim amounted to: 250,000 + 5,000 + 1,000 + 5,000 = 261,000 rubles.

State duty to a court of general jurisdiction, world courts and the Supreme Court

Such a fee is calculated in accordance with art. 333.19 of the Tax Code. If it is possible to fix the price of the disputed property, the price of the state duty is:

The action for issuing a court order is paid in the amount of 50% of the amount calculated by the formula for determining the price of a property dispute.

Fixed state duty in the world court, courts of general jurisdiction and the Supreme Court

In addition to the settlement ones, there are fixed (fixed) amounts of payment of the state duty for claims:

• On the full or partial challenge of normative acts and documents of bodies and officials of state / municipal power and local self-government - 200 rubles. For physical and 3 000 rubles. for legal entities;

• On full recognition as invalid of non-normative legal acts, documents and decisions of the above persons, as well as their actions or inaction - 200 rubles. For individuals, 2 000 for legal entities;

• On recovery of child support - 100 rubles;

• On the recovery of alimony for the child and the plaintiff - 200 rubles;

• On cases of special proceedings, on securing the claim by the arbitral tribunal - 200 rubles;

• On the dissolution of marriage - 400 rubles;

• On receipt of the writ of execution or on cancellation of the court decision - 1500 rubles;

• On the award of compensation for violations of rights and freedoms in the judicial or post-trial (execution of the judgment) process - 200 rubles. For individuals and 4 000 for legal entities.

• Property claims that are not assessable, non-property claims, supervisory complaints - 200 rubles. For physical and 400 rubles. for legal entities;

• Appeals and cassation complaints - 50% of the state duty, calculated on the amount of filing a claim of non-property nature.

State duty in the Supreme Court of the Russian Federation, arbitration courts

The state fee to the arbitration court and the Supreme Court of Arbitration are calculated according to art. 333.22 of the Tax Code of the Russian Federation for the following parameters:

Fixed state duty in the Supreme Court, arbitration courts

The fixed state duty in the arbitration court for various claims is:

• On disputes related to the conclusion, modification or termination of contracts and the recognition of invalidity of transactions - 4,000 rubles;

• When challenging normative acts and documents of bodies and officials of state / municipal power and local self-government on the protection of rights and results of intellectual activity, as well as on invalidating non-normative legal acts, documents and decisions, actions and omissions of the above persons - 200 rubles. For individuals and 2 000 for legal entities;

• On claims that establish the facts of legal significance, on applications for the issuance of writ of execution, on securing the claim, on annulment of the court decision, on execution of the decision of foreign courts - 2,000 rubles;

• For other claims of non-property character (recognition of law, execution in kind), when filing a suit to declare the debtor bankrupt - 4,000 rubles;

• Appeals, cassation, supervisory complaints, claims for termination (leave without motion or consideration) of judicial proceedings - 50% of the amount of state duty in the filing of a non-property claim;

• On the claim for compensation for violations of rights and freedoms in the legal proceedings or after it - 200 rubles. For individuals and 4 000 for legal entities.

Benefits for individual individuals

The state duty to the court is not paid by the following persons:

1. Authors of cultural values (for claims for the export of copyright works).

2. Heroes of the USSR, Heroes of Russia, Knights of the Order of Glory.

3. Participants and invalids of the Second World War.

4. Persons with disabilities I and II groups (do not pay state duty to the district court, the world and general jurisdiction).

5. The plaintiffs on the following claims and statements:

   - on recovery of wages, benefits or other monetary maintenance;

   - on the requirements arising from labor relations;

   - about the recovery of alimony;

   - on the protection of the rights and freedoms of the child;

   - Adoption or adoption;

   - on compensation for harm to health (including the death-provider);

   - on the compensation of moral and property damage, on the restoration of rights and freedoms violated as a result of criminal prosecution;

   - on compensation for moral or property damage caused by a court-imposed crime;

   - on the restoration of rights and freedoms to persons who suffered as a result of political repression, as well as to rehabilitated citizens;

   - on postponement, change in the way and order of execution of decisions;

   - on the revision of the decision;

   - to review the case, if new important circumstances have opened;

   - on the restoration of deadlines missed for objective reasons;

   - Complaints about decisions on administrative cases;

   - Complaints against actions of the bailiff;

   - on private complaints about the definition of the court;

   - on cassation complaints in criminal cases, which are concerned with disputing property damage caused by a crime.

6. Claimants and defendants in filing an appeal and cassation on divorce proceedings.

All these persons are exempted from payment of state duty in those cases when the amount of the claim does not exceed 1 million rubles. In case of excess of this amount, payment is made in accordance with the usual calculations given above, but 1 million rubles are not taken into account in the calculation.

From payment of the state duty to the magistrates and in the courts of general jurisdiction, in addition to the disabled of the I and II groups, veterans of military operations and military service, plaintiffs for the protection of consumers' rights and pensioners in cases related to pensions are also exempted.

In addition, there are a large number of legal entities and organizations, for certain claims of which the state duty is not paid in court.

Payment order

The state duty is paid until the time of filing the claim in court in full.

If the claim is filed by several claimants, the duty is divided between them in equal shares.

If among the plaintiffs there are those who are exempt from payment of the state duty, its share does not extend to the rest of the persons, but reduces the amount of payment for this share.

Please note that the state duty to the court is paid with an exact settlement to a penny.

Where to pay the state fee?

First of all, you need to take the requisites of the institution to which you must pay a state fee. For this it is necessary to understand which court you will appeal to.

Ordinary claims are filed with the district court or with a magistrate (depending on the amount of the claim) at the residence / residence of the defendant.

Appeal complaints - in the same court or court, whose decision is appealed.

Cassation appeals against a decision, order or ruling of a court of first or second instance - to a higher court.

Requisites can be obtained directly in court (on the information stand, at the secretary) or on the official website of the court. Calculation of the state duty in court you must make independently, according to the current legislation.

After receiving the details you need to contact any bank for payment. Currently, there is a convenient system of payments through terminals or online in your account. All major banks of the country provide a service for payment of state duty. To do this, it is sufficient to know the name of the court or court section, the essence of your claim (the title of the claim) and the exact amount necessary for the transfer.

What documents can the court require?

When applying to a court you must provide the original receipt for payment of state duty. It can be a payment order from a bank or a check of a terminal. If you paid the state fee via the Internet, you need to contact your bank and certify your payment (or get the original payment order).

Pay attention - copies of the receipt in court are not needed and are not taken into account, it is necessary to provide the original. The state duty in court is paid by a large number of people, often the amounts are the same, and no one will look for your money among a lot of similar ones. Make a copy for yourself, in case of loss it will be easier for you to restore the necessary documents.

If several plaintiffs submit the claim, and one (or more) of them is exempted from paying the state duty, along with receipts of other participants in the proceedings, documents proving the right to benefit should be provided.