Government agencies in many cases do not provide services for free. In particular, this applies to legally significant actions.
The procedure for payment of funds, that is, state duty, is defined in the Tax Code of the Russian Federation.
The categories of articles in block 333 indicate the basis for the payment of funds, segments of the population who have incentives for making a fee, as well as the procedure for returning and offsetting the amount paid.
The procedure for paying such a payment as a state duty to the court has its own characteristics. The amount paid by an individual or legal entity depends on the category of the justice authority and on the type of application that this authority will consider.
Arbitration
There is a court that mainly considers disputes of legal entities, as well as claims of individuals against organizations or institutions. The cases in which meetings are held have only an economic focus.
In the event that the case concerns violated rights, the state duty to the arbitration court is regulated by provision 333.21 of the Tax Code. Here the amount is fixed, since the dispute is not property and is not subject to monetary expression.
Specific points:
- contractual disputes (including invalidation of the contract) - 6000 rubles;
- contesting normative acts that affect the interests and rights of the applicant in the field of protection of the results of intellectual activity and means of individualization - 300 rubles for individuals and 3000 for legal entities;
- claims for recognition of the right or application for recognition of the debtor bankrupt - 6000 rubles;
- a statement on the establishment of legal facts, as well as a statement on securing a claim or on the issuance of an executive document in the presence of the results of the consideration of the case in the arbitration court - 3000 rubles;
- application for cancellation of decisions of the arbitration court - 3000 rubles;
- claims for invalidating non-normative acts or for recognizing actions (inaction) of bodies, as well as persons holding public office, unlawful - for individuals, the state duty to the court will amount to 300 rubles, for legal entities - 3,000 rubles.
Arbitration claims
The amount of compulsory payment in claims in which the funds to be recovered from the defendant are indicated are established by the same code.
The duty in this case is a fixed amount and an additional percentage, if you need to recover a little more.
For example, article 333.21 of the Tax Code of the Russian Federation states that if the amount of the claim is up to 100 thousand rubles, then 4% of the amount is paid, but the state duty to the arbitration court cannot be less than 2 thousand rubles.
In other cases (with a claim price of more than 100 thousand rubles), the following sizes of state duty apply:
- up to 200 thousand rubles - 4 thousand rubles (fixed payment) and 3% of the amount of funds in excess of the lower threshold;
- up to 1 million rubles - exactly 7 thousand rubles and 2% of the amount over 200 thousand rubles;
- up to 2 million rubles - a fixed 33,000 rubles and 0.5% of the amount over a million rubles.
State duty to the court of general jurisdiction
These judicial authorities hear cases related to disputes of organizations against citizens, as well as between individuals.
General courts conduct cases of a civil and criminal nature, as well as cases related to administrative offenses.
There are also fixed amounts and a percentage of the price of the claim. The amount of money to be paid to the budget is indicated in Article 333.19 of the Code.
The general courts include:
- district;
- world;
- The Supreme Court of the Russian Federation.
On non-property claims, the state duty to the general court is 300 rubles for citizens, 6000 rubles - for organizations.
Review supervisory appeal it will cost individuals and legal entities 300 and 6,000 rubles, respectively, 300 rubles is the cost of filing an application for special proceedings or to secure a claim, which is being considered in the arbitration court. State duty to the district court (or any other that relates to general jurisdiction) about termination of marriage It costs 600 rubles.
When applying to the court for the issuance of writ of execution for the execution of the final instructions of the arbitral tribunal and the document on the cancellation of the decision of the specified body, the state duty to the court will amount to 2250 rubles.
Property Claim Duty
The amount to be paid to the budget when filing property applications is determined based on the price of the claim. If the claim is up to 20 thousand rubles, the applicant must pay 4% of the total amount, but not less than 400 rubles.
When assessing a claim for an amount of up to 100 thousand rubles, the fee will be 800 rubles and an additional 3% of the amount over 20,000 rubles.
If the applicant estimated the material damage inflicted on him up to 200 thousand rubles, he would have to pay 3,200 rubles and 2% of the amount of funds over 100,000 rubles to the treasury.
With a claim amount of up to 1 million, the amount payable is 5200 rubles and an additional 1% of the amount in excess of two hundred thousand.
The state duty to the court of general jurisdiction will amount to 13,200 rubles and 0.5% of the amount in excess of 1 million (not more than 60 thousand) if the applicant assessed his claims from 1,000,000 rubles.
Privileges
When applying to any court, certain categories of the population have privileges on the payment of duties. Article 333.36 expressly refers to persons who may partially contribute money to the budget or not pay at all.
In particular, these types of payers include:
- plaintiffs who file claims for the recovery of alimony, for the protection of the interests of children, on the issue of adoption;
- citizens who have applied to the court for damages that have arisen in connection with the injury or death of the breadwinner;
- persons having claims for compensation for moral or property damage;
- any persons applying for the issuance of documents in criminal matters or for the collection of alimony;
- defendant or plaintiff - when appealing court decisions on dissolution claims; legal entities and individuals - on applications and complaints against decisions or rulings of the court;
- forced refugees, rehabilitated persons, persons with disabilities, pensioners, as well as persons subjected to criminal prosecution, when filing claims for the restoration of their rights and interests;
- organizations and individuals applying for the protection of the interests of persons referred to in the previous paragraph.
Thus, payment of state fees to the court by the indicated categories of the population is not carried out. However, article 333.36 states that if the price of a claim is more than 1,000,000 rubles, then the money shall be paid in the following amounts: the amount to be paid in the claim more than 1 million rubles. minus the funds paid upon application up to the specified amount.
For example, if the amount of the claim in monetary terms is 1,500,000, then the first value will be 18,200 rubles, the second - 13,200. The amount payable is 5,000 rubles.
Payment
In order to make a deposit before filing lawsuits and complaints or after considering the case, you must know the details of the state duty in court. Each region has its own data for payment. In addition, even within the same entity for different vessels, the main details coincide, and the TINs differ.
Deposits can be made through the bank's cash desk, online payment or payment order, if it is a legal entity. Payment is made in favor of the tax office of the area where the court is located.
The details of the justice authority can be clarified on the website of the desired institution, there is also a completed receipt in electronic form, which can be downloaded. In addition, assistance in filling out payment documents is provided by bank employees or law firms for a fee.
In court, ready-made receipts or details are not issued.
Return
In the event that the applicant has already paid the state fee, but has not filed a claim for some reason, he has the right to return the money paid within three years. For this, a certificate from the court is taken that the lawsuit has not been received. Then a statement is written to the tax service at the location of the court on the return of funds. The document indicates the details for the transfer.
Offset
Within three years, you can also offset the amount already paid. If the plaintiff lodges a claim with the same authority and the state duty to the court is equal to the amount previously paid, an application for offsetting money is written with the original receipt attached.
If the money already paid is not enough to set off, you need to make a surcharge and also write a statement. The appendix to this document will be a new receipt and a copy of the old one.
Recovery
The state duty is paid by the plaintiff before filing a statement of claim or a petition for deferment is filed. If the applicant wins the case, money may be recovered in his favor from the defendant, if this was indicated in the lawsuit.
If there is a document from the plaintiff with a request for a delay, payment of the state duty to the court is made by the defendant in full.
In the event that the one who filed the claim is exempted from payment to the state treasury and the case loses, the court does not have the right to collect a fee from the defendant.
