Judicial expenses: components and distribution of payment responsibilities

Court costs represent the costs associated with litigation in a particular legal dispute. The costs are distributed to interested persons depending on the outcome of the case. In cases provided for by law, the obligation to pay monetary funds rests with other participants in the process.

Court costs (CCP, Article 114) consist of three components: state duty, payment to the representative and costs associated with the consideration of a legal dispute.

In the first case, we are talking about the costs of copies of procedural documents and for contacting this body. Parties pay claims and other applications and complaints submitted for consideration. In addition, cassation and supervisory documentation is subject to payment.

By the general rule? Court expenses of this kind are paid by the plaintiff - physical or legal (irrespective of the organizational and legal form) person. Non-payment of the amounts established by law shall, in accordance with the CCP, leave a statement of claim without motion.

The price of a claim of a property nature (the amount required by the plaintiff) determines the amount of the state fee. If during the process the amount of requested funds increases, the fee to the state treasury increases proportionally.

For legal expenses in the established NCRF situations, benefits apply. This includes claims in the sphere of labor relations, disputes over the recovery of alimony. In addition, to this category of law lists cases when the plaintiff is a disabled 1 or 2 groups and other situations.

Depending on the material position of the plaintiff, he may be given the opportunity to extend the period for payment of expenses or to pay the required amount in installments.

It is customary to refer to legal costs :

• Payments to such procedural persons as experts, witnesses, experts and translators.
• Payment of accommodation and travel of the parties and third parties, if attendance at the court session was associated with these costs.
• The amount, in which the search for the defendant was costed, the execution of the judgment.
• Financial compensation for lost time.
• Postal and other costs recognized by the court to be paid.

The law does not contain a closed list of possible costs, giving the judge in each specific situation to solve this issue on his own.

The legal costs associated with representation are usually closely related to the price of the claim and are determined by the agreement between the principal and the defender. In the role of the latter today can act not only a lawyer, but any fully capable person.

The law establishes situations in which compensation for costs incurred by a party is possible. To such include cases of concluding a settlement agreement and refusal of a claim.

Court costs in the arbitration process are levied on the part of the loser in the dispute. Thus, this institution implements a preventive function, protecting the production from unfounded lawsuits, as well as from cases in which there is no dispute about the law, and the person maliciously delays the payment of the amount established by the agreement, charging the counterparty with the need to seek the desired in court.