State fee to the court of general jurisdiction: size and payment

Information on what state duty should be filed with a court of general jurisdiction is contained in article 333.19 of the Tax Code. Consider in detail the application of the provisions specified in it.

General information on payments in courts of general jurisdiction

The article of the Tax Code provides for the sizes of state fees, which, along with the courts of general jurisdiction, are paid when submitting a statement of claim to a magistrate court. In one and the other case, cases are considered according to the rules established by the Code of Civil Procedure of the Russian Federation. In addition, in Art. 320 of the Code of Civil Procedure states that decisions taken by a justice of the peace may subsequently be challenged by a court of general jurisdiction. An appeal is carried out in accordance with the rules provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation.

The state fee to the court of general jurisdiction is paid when considering a civil case or as a result of administrative proceedings in the 1st instance or magistrate court. If it is considered in cassation or supervision, then the fee is established separately, in accordance with Art. 333.19 and Art. 333.20 of the Tax Code of the Russian Federation.

A civil case may also be reviewed, for example, due to newly discovered circumstances. However, such a claim will no longer be taxed.

Payment of the state fee to the court of general jurisdiction is made in respect of claims, property and non-property character, in cases considered in the special proceedings, regarding administrative offenses, the implementation of decisions made by the arbitration court. For some disputes, fees are provided separately.

The size of the state fee to the court of general jurisdiction

Property Dispute Payments

For property disputes, the following rates apply:

If claims amount to less than 10 thousand rubles, then the duty is paid in the amount of 4%, but not less than 200 rubles.
At a cost of 10 thousand to 50 thousand rubles, you need to pay 400 rubles, as well as 3% of the amount, above 10 thousand.
At a cost of 50 thousand to 100 thousand rubles, the duty will be 1.6 thousand, as well as 2% of the amount, above 50 thousand rubles.
At a cost of 100 thousand to 500 thousand, payment is made in the amount of 2.6 thousand, as well as 1% of the amount, above 100 thousand rubles.
At a cost of more than 500 thousand, you need to pay 6.6 thousand, as well as 0.5% of the amount, above 500 thousand, but a maximum of 20 thousand rubles.

If claims can be assessed, the appropriate amount is indicated by the applicant. But if it clearly does not correspond to the price of the property to be claimed, then the price is determined directly by the court. In accordance with Art. 91 Code of Civil Procedure of the Russian Federation, the calculation of the state fee in a court of general jurisdiction based on the price of property can be performed on the following claims:

On the demand for movable or immovable property.
About collecting money.
On the recovery of maintenance payments.
On the issuance of payments urgently.
About extradition and payments, which are carried out indefinitely or for life.
A change in these amounts, based on a decrease or increase in payments (maximum period 1 year).
On the termination of issuance and payment based on the aggregate of the remaining amounts (maximum period 1 year).
On termination of the lease agreement ahead of schedule on the basis of payments for the ownership of property in the remaining time stipulated by the agreement (maximum period 1 year).
On the rights of possession, use and disposal of real estate that belongs to a citizen, based on the price of the object, but not less than the corresponding inventory value (if it belongs to an individual) or not less than the book value (if it belongs to a legal entity).
About several separate requirements, considering each of them.

Calculation of state fees in a court of general jurisdiction

Clerical Payment

The procedure provided for in the lawsuit is also carried out in relation to cases in which a court order is issued. But the state fee in this case is paid in the amount of 50% of the amount payable when applying to the court with a claim in a case of a non-property nature. Information on how a judicial order is issued is contained in chap. 11 Code of Civil Procedure of the Russian Federation. This document can only be issued in relation to cases provided for in Art. 122 Code of Civil Procedure of the Russian Federation, namely:

For a transaction concluded in writing.
For a transaction certified by a notary.
In protest of a bill of non-payment, acceptance and dating (certified by a notary).
For the collection of payments for the maintenance of children in case of divorce of parents.
For collection of tax type and other arrears.
For the collection of unpaid salaries to employees.
On the search for the debtor, defendant, child (whom was selected by judicial decision), property, expenses for its storage (if property is seized).

Special case payment

If a statement of claim is filed in a special proceeding, then the state fee to the court of general jurisdiction will amount to 100 rubles. The following cases fall into this category:

On the establishment of legally significant facts.
On adoption or adoption.
On the recognition of a missing person.
On limiting the legal capacity of a person or declaring him legally incompetent, depriving him of the right or restricting a child from the age of fourteen to eighteen years old, to manage the income independently.
On declaring a child legally competent.
On recognition of an ownerless thing or recognition of its belonging to the municipality.
On the restoration of rights to the Central Bank.
On involuntary admission to a mental hospital.
On amendments to the registry office.
About actions of a notary or refusal to carry them out.
On the restoration of court hearings.
On disputes on contesting legal acts, as well as on actions of state bodies, local authorities or authorized officials - in such cases, payment of the state fee to a court of general jurisdiction is provided for in separate articles.
An appeal or cassation is paid in an amount equal to 50% of the amount of the state duty, which is established for the consideration of non-property claims.

Re-issuance of judicial acts

In order to obtain copies of court decisions, orders, rulings, decisions and other court documents in a repeated manner, an application must be submitted. Calculating the state fee in a court of general jurisdiction in this case is simple: you need to pay 2 rubles. for each page, but at least 20 rubles. It should be noted that payment is made only upon the second issue of acts. Initially, this is done for free and in a non-binding manner.

Calculate the state fee to the court of general jurisdiction

Issuance of writ of execution by the arbitral tribunal

If the application concerns the issuance of an executive document by decision of the arbitral tribunal, the state duty is paid in the amount of 1 thousand rubles. The procedure for issuing in this case is indicated in Chapter 47 of the Code of Civil Procedure of the Russian Federation. In accordance with Part 1 of Art. 426, the court has the right to refuse to issue an executive document if the opposing party has presented the following evidence:

On the invalidity of the arbitration document.
The failure to notify the conduct of the trial properly or absence from the meeting for good reason.
The decision made by the arbitral tribunal is not within its competence.
The composition of the court did not comply with the arbitration agreement or the Federal Law.
The decision was not binding or was canceled by the court on the basis of the fed. the law.

Enforcement of decisions in arbitration court

Detailed information on how judicial decisions of this body are enforced is set forth in the Law on Arbitration Courts in the Russian Federation No. 102-FZ. If it does not indicate a specific period, then execution should be carried out immediately.

Application Security Payments

If the application concerns the securing of a claim in a case considered within the framework of the arbitration court, then the amount of the state fee to the court of general jurisdiction is 100 rubles. In Art. 25 of the Law No. 102-ФЗ it is said that this court has the right to take interim measures regarding the subject of the dispute at the request of one of the parties. The court has the right to demand security in proper form in connection with the adoption of appropriate measures. The issue of taking these measures may well be considered together with the case on the subject of the dispute. The application is filed with the court at the location of the relevant property. Documentary evidence must be attached to it that a lawsuit was filed; a court ruling was adopted on it, as well as a receipt for payment of state duty in the amount established by law.

Payment of state fees to a court of general jurisdiction

Cancellation Payments

If the application concerns the cancellation of the arbitration decision, the fee will be 1 thousand rubles. In ch. 7 of Law No. 102-FZ provides for the procedure for appealing against decisions taken. If the judicial act does not indicate that the decision is final, it may be challenged by filing an application to cancel the court decision. For this, the parties are given a period of 3 months from the date of issuance of the relevant decision. If it is canceled due to invalidity or due to consideration of a dispute that is not within the competence of the arbitration court, then in the future the issue can only be considered within the framework of a competent court.

Alimony Payments

The submitted state fee to the court of general jurisdiction in cases of collecting alimony is 100 rubles. If the court makes a decision on the payment of alimony, then it doubles. In this case, they are based on the provisions of the Family Code, which contains the obligation to support children by their parents, as well as their elderly parents - by their children. In addition, under certain circumstances, child support must be paid in respect of the spouse. These payments are established by the court in case the parties could not reach a mutual agreement. If they managed to agree on this issue, then an agreement must be drawn up and certified by a notary. An oral agreement has no legal force, just as payments made in accordance with it are not alimony as such.

Payment of duty by the other party

In accordance with Ch. 7 Code of Civil Procedure of the Russian Federation, the state fee for an appeal to a court of general jurisdiction, as well as to an arbitration court, is included in court costs. This means that the party that loses the case must reimburse its value to the other side. If the satisfaction of the claim is partial, then the fee shall be distributed in proportion to the satisfied claims.

If the higher authority to which the case was transferred changes the court decision of the previous instance, then the costs of the previous case will also be taken into account. If even the higher court has not changed the costs related to the consideration of the case in the first instance, then to resolve this issue, you must again contact the judicial authority of the first instance.

How to find out the required amount

You can also calculate the state fee to a court of general jurisdiction by going to the official resource of the authority where the application is submitted. Most of these sites have online calculator programs that allow you to determine a specific collection amount in real time. To use the service, you need to specify the requested information. As a result, the program will indicate the exact amount of the fee.

For the calculation you need to enter the following data:

The name of the authority where documents are submitted for consideration.
Type of statement of claim.
Applicant Status.

In property disputes, the calculation of the state fee in a court of general jurisdiction is determined based on the price of the claim.For example, in cases involving ownership of immovable property, the cost is determined by market or inventory indicators. In claims for the recovery of alimony, the value is determined on the basis of annual contributions. If debt is recovered, then the maximum previous period for which you can receive money is 3 years.

How is payment made?

The state duty must be paid before filing a lawsuit. Otherwise, the application will not be considered. This is stated in Art. 132 Code of Civil Procedure of the Russian Federation. Money can be paid in cashless or cash. In the first case, you need to save the check in electronic format, where there is a bank mark. Payment can be made in online banking on the site where the applicant has his own bank account or on the electronic portal of the State Service. In the second case, the payment receipt is the appropriate receipt.

Refund of state fees in a court of general jurisdiction

Information on receipt

The payment document contains the following information:

Index.
Name of applicant and his address.
INN
The amount of state fees to the court of general jurisdiction.
Requisites.
Recipient data.
OKTMO.
Date.
Signature of the cashier.

Installment and deferral

If the applicant is unable to pay the amount in full or in part, on the basis of Article 90 of the Code of Civil Procedure, he is entitled to deposit money later in a lump sum or to make payments in installments. In h. 1 Article 333.41 of the Tax Code says that money can be paid within a year. In this case, no interest will be charged for this.

Surcharge

There are cases when, when considering a case, the state duty increases. This happens in connection with the growth of claims. Then the case will be considered under one of the following conditions:

The plaintiff will provide a document confirming the payment.
Ask for a deferment or installment plan.
The court will reduce the amount of state duty.

Refund and offset of excess amount paid

There are several reasons for the return of state fees. The court of general jurisdiction will transfer funds to the applicant's account in the following cases:

If the amount was entered by mistake.
If the court refused to accept the application for which the fee was paid.
If the plaintiff paid more than necessary.

However, there are cases when the state duty will not be returned. These include:

Settlement agreement, which is concluded during the trial.
Voluntary satisfaction by the respondent of claims.

To return the money, you need to collect the necessary documents. This is a payment confirming the payment of state duty, as well as a document proving the right to a refund.

The application is submitted to the tax office at the location of the court where the case was examined. In addition to personal appeal, it can be sent by mail or by entrusting this task to a representative.

The decision is made within 10 days from the day when the IFTS received a statement. The amount will be refunded to the applicant’s bank account within a month.

In addition to the refund, a state fee can be set off in a court of general jurisdiction. This action may come in handy if the applicant needs to perform a similar legal action. A similar application can be submitted within 3 years from the date of the decision on the return of state duty.

State duty, appeal, court of general jurisdiction

Beneficiary Category

Not all citizens are required to pay a state fee when applying to a judicial authority. In Art. 89 Code of Civil Procedure of the Russian Federation contains a list of persons who are exempt from payment. These include:

Heroes of the Russian Federation and the Soviet Union.
Knights of the Order of Glory.
Participants of the Second World War.
Applicants applying for wages, compensation for harm caused to health.
Appellants who file appeals and cassations in divorce cases.
Individuals complaining about bailiffs for administrative offenses, adoption.
Rehabilitated citizens.
Affected by political repression.
Immigrants.
Disabled people of the first and second group.

Conclusion

You can find out the amount of the state fee to a court of general jurisdiction by examining the relevant article of the Tax Code or by contacting the official resource of the authority where you plan to file the application. The payment is paid before the documents are sent to the court. In the absence of funds, payment is allowed later or by installments. In some cases, exemption from payment is provided.