The concept of "legal costs & quot;
The legal costs associated with the consideration of the case in an arbitration court include: cash amounts due to experts, specialists, witnesses, translators; costs associated with carrying out on-site inspection of evidence; costs for the services of lawyers and other persons providing legal assistance (representatives) and other expenses incurred by persons participating in the case in connection with the consideration of the case in an arbitration court.
According to Art. 107 APC experts, specialists, witnesses and translators are reimbursed for expenses incurred in connection with their appearance in the arbitration court, travel, housing and additional expenses related to living outside the place of permanent residence (daily allowance).
Experts are rewarded for the work they performed on the instructions of the arbitration court, if this work is not part of their official duties as employees of state forensic institutions. Specialists are rewarded for the work performed by them on behalf of the arbitration court, unless they are advisers to the apparatus of a specialized arbitration court.
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The amount of remuneration to the expert is determined by the court in agreement with the persons participating in the case, but in agreement with the expert.
The translator also receives a reward for the work he performed on behalf of the arbitration court. The amount of his remuneration is determined by the court upon agreement with him.
For working citizens, summoned to the arbitration court as witnesses, the average earnings at the place of their work for the period of absence are kept in connection with their appearance in court. Witnesses who are not in labor relations, for distracting them from ordinary employment, receive compensation taking into account actually spent time and proceeding from the minimum wage established by the federal law.
The monetary amounts due to experts, specialists, witnesses and translators are paid upon the performance of their duties. Monetary amounts due to experts and witnesses are paid from the deposit account of the arbitration court (Article 109 of the APC).
Payment for the services of an interpreter, a specialist involved in arbitration in the arbitration court, payment to this translator, a daily allowance specialist and reimbursement of expenses incurred in connection with the appearance in the arbitration court, as well as payment of money to experts, witnesses in case the appointment examination, summon of the witness are carried out on the initiative of the arbitration court, is made at the expense of the federal budget.
The rule on the payment of the services of an interpreter at the expense of the federal budget does not cover the reimbursement of expenses for the services of an interpreter, incurred by foreign persons and stateless persons, unless otherwise stipulated by an international treaty of the United States.
The money amounts payable to experts and witnesses are deposited on the deposit account of the arbitration court by the person who filed the relevant application within the time limit established by the arbitration court. If such an application is made by both parties, the required sums of money are deposited by the parties to the deposit account of the arbitration court in equal parts.
If in the arbitration court's time limit the money amounts payable to experts and witnesses have not been paid to the deposit account of the arbitration court, the arbitral tribunal has the right to reject the application for the examination and call witnesses, if the case can be considered and the decision was made on the basis of other submitted parties of evidence.
The court costs incurred by persons participating in the case in favor of which a judicial act has been adopted are collected by the arbitration court from the other side. If the claim is partially satisfied, the court costs are applied to the persons participating in the case, in proportion to the size of the satisfied claims.
The expenses for the payment of the representative's services incurred by the person in whose favor the judicial act has been adopted shall be exacted by the arbitration court from the other person participating in the case within reasonable limits.
The state duty, from payment of which in the established manner, the plaintiff was released, is recovered from the defendant in the federal budget revenue in proportion to the size of the satisfied claims, if the defendant is not exempt from payment of state duty (Article 110 of the APK).
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If there is an agreement between the persons participating in the case on the distribution of court costs, the arbitral tribunal shall charge them with court costs in accordance with this agreement.
The legal expenses incurred by the persons participating in the case, in connection with the consideration of the appeal, cassation complaints (I am distributed according to the same rules.
If the dispute arises as a result of a violation by the person participating in the case of a claim or other pre-trial settlement of a dispute provided for by a federal law or contract, including a breach of the deadline for filing a response to a claim, the claim is left unanswered, this person litigation costs regardless of the outcome of the case.
The arbitral tribunal has the right to attribute all court expenses in the case to a person who abuses his procedural rights or who does his procedural duties if this led to the disruption of the court session, delaying the trial, obstructing the consideration of the case and adopting a lawful and justified judicial act .111 AIC).
At the request of the person participating in the case, which is entrusted with reimbursement of court expenses, the arbitration court may reduce the amount of compensation if this person presents evidence of their excessiveness.
The questions of the distribution of court costs, the attribution of court costs to a person who abuses his procedural rights and other questions about judicial expenses are resolved by the arbitration court of the relevant court in the judicial act, which ends the consideration of the case on the merits, or in the determination (Article 112 of the APC ).
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