Judicial expenses, Concept and appointment of court...

Litigation

As a result of studying the chapter, the student must:

know

■ concept, types and purpose of court costs;

■ the concept and types of state duty, the order and methodology of its calculation;

■ grounds for exemption from payment of state duty;

■ differentiation of subjects of civil legal relations and its criteria;

■ the concept and types of legal costs;

■ the distribution of court costs;

be able to

■ analyze, interpret and correctly apply legal standards in the field of court costs;

own

■ the skills of analyzing the norms of civil procedural law governing legal costs.

The concept and purpose of court costs

One of the characteristics of justice in civil cases is its reimbursement, payability, manifested in the fact that parties, third parties, applicants are required to partially pay the costs incurred by the court in the consideration of the case (MK Yukov). This is explained by the fact that cost price The resolution of the case in the court sometimes reaches a very large size. However, court costs are not synonymous with this cost (MI Kleandrov). That is why the law in the concept of "litigation costs" does not include expenses that are directly related to the preparation and conduct of a court hearing, etc.

As GL Osokina notes, court costs - payments made by persons participating in the case, in connection with the consideration and resolution of civil cases, as well as the execution of judicial decisions.

The purpose of court costs is reduced to three main provisions:

1) the need to pay court costs when submitting applications to the court is a procedural means that restrains unjustified appeals to the judiciary, as well as abuse of procedural rights of disputes and other persons participating in the case (Articles 98 and 99 of the CCP). As Zaitsev rightly pointed out, this is an extremely effective measure of combating litigation. It should be borne in mind that this provision fully applies also to the distribution of court expenses incurred by the parties in connection with the conduct of the case in the appellate, cassation and supervisory instances;

2) court costs represent an additional sanction for the debtor, who improperly performs or does not perform his duties at all. The court, in the determination of the defendant's guilt, decides with his decision both the principal debt and the court expenses in the case (Articles 98, 100, 103 of the CCP);

3) judicial expenses reimburse the costs of the state, as well as economic losses in connection with the implementation of justice in civil cases. These costs are made up of the salaries of court employees, amortization of premises and furniture, office expenses, payments to witnesses, translators and experts, as well as losses incurred by participants in the process in connection with the loss of working time due to being in court.

Individual categories of citizens are granted benefits when paying court costs.

The current CCP divides the legal costs depending on whether this fee is for the execution of procedural actions, preliminary or subsequent, into two types: the state fee and the legal costs stipulated in art. 88 GPK.

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