The state provides for the possibility of each person to go to court to restore the violated right. Such actions can be carried out by all persons without exception. Even if, due to certain circumstances, such an appeal cannot be made independently, the procedure for the appeal of legal representatives is provided. However interested party will bear the cost. First of all, this concerns taxation, without which it is impossible to begin the state process of restoring the truth. This article contains information that relates to the main issues and features associated with the costly part of the lawsuit.
The principle of the court
In order for the judiciary to function fully, it is necessary to provide a certain material base. But since the main principle of the work of each court is independence and impartiality, it is necessary to establish and clearly fix the ways of financing such activities. For this, a special tax payment system is currently provided. Their goal is to form support for the material plan of each instance.
There is a certain list of actions that is carried out by the justice authorities. Each of them has its own “price” - an obligatory contribution. The money received in this way fills the state budget. It is from him that funds are allocated for the maintenance of bodies for the restoration of human rights. This procedure ensures the equality of parties before the court, because each participant, regardless of which part of the country he is in, undertakes to pay for the actions of the court in the same amount and on identical grounds.
Also, in addition to the main costs in the form of such payments, there is a rather large number of costs that are an integral part of the proceedings in such a state body. Therefore, we offer to understand what the system is and what losses can be expected.
Costs: Definition
There are two sides to any process: the plaintiff and the defendant. The first directly opens the case by providing a special application to the appropriate authority. The second is accused by the plaintiff of violating the rule of law and seeks in court to prove his innocence.
Both of these parties use all possible means to prove their case. As a rule, such actions primarily require certain costs.
The concept of legal costs represents the totality of absolutely all monetary contributions that were made by the parties during the proceedings to restore justice in the courts. That is, it is a certain amount of money that characterizes the price of a lawsuit from filing a lawsuit to the decision by all authorities to which the plaintiff or defendant contacted.
Categories of expenses in the process of restoration of justice
The concept and types of legal costs are two interrelated provisions. If we figured out the first, then it is necessary to pay due attention to the second. The current legislative framework provides for two categories of funds spent:
- Mandatory
- optional.
All types of legal costs come at a price. It depends on the scope to which such costs are attributed. After all, mandatory are directly fixed in the legislation. Optional ones may vary depending on the services and the people who provide them.
The first type includes only those payments that have a direct indication of regulatory legal acts on the need to pay. That is, if they are not - there is no need for a mandatory contribution. First of all, we are talking about the state duty, which is paid to the special account even before the statement of claim is submitted to the relevant authority. Without a receipt for such actions, not a single employee of the office will accept the application for consideration.
The second category includes a number of expenses that may be incurred, but may not be incurred. That is, in this situation, everything directly depends solely on the desire of the parties to the trial itself. Such payments include the fee of a lawyer who represents the interests of the defendant or the plaintiff in the proceedings. After all, the law does not directly indicate that a person is obliged to have such a representative and pay for his activities (except for some criminal cases). This decision comes directly from the party itself, depending on the needs for such professional protection.
The concept and types of legal expenses are the two most key nuances for understanding. After all, knowing what such costs are, based on their categories, you can roughly determine how much the judicial review of the case will cost.
Arbitration Costs
If we talk about the classification of costs, it is worth noting that they have differences depending on the process in which they have to bear. For example, the arbitration procedure provides for two types that are expressly provided for in the law. Court costs in the arbitration process consist of:
- from state duty;
- judicial costs.
Each of these varieties has its own characteristics, which allows you to separate them from each other. The first expenses are directly related to the activities of the body authorized to restore justice in cases of this nature. That is, obligatory payments belong to this category, which ensures the consideration of the case by the arbitration court. For example, this is the payment of state fees for opening a case. A receipt for payment shall be provided along with the claim itself upon the first appeal of the plaintiff to the judicial authorities.
The second category includes minor expenses that are not related to the activities of the court itself. These sums of money are intended to pay for auxiliary factors. This list includes attorney fees, examination fees, and expenses for calling witnesses.
The second difference will be the size of such costs. The payment of state fees is regulated by law at the federal level. That is, throughout Russia the same things will have the same costs. If we talk about the costs of a judicial nature, then there is no uniform size. It all depends on the case itself and the persons who take part in the proceedings.
In addition, litigation costs in the arbitration process differ depending on where the funds paid by the parties are credited. So, the duty is taxation, which means it goes directly to the state budget. Costs are forwarded to the service providers themselves.
Costs related to civil proceedings
If we talk about the definition, then it does not differ from the general, except in those cases when it comes exclusively to the consideration of cases of a civil nature.
Litigation costs in the civil process have exactly the same classification as in the previous version: state duty and costs of a judicial nature. However, their features remain the same.
In addition, the Civil Code contains rules that designate the purpose of collecting such payments.First of all, it is indicated that such expenses discipline each side of the process and lead to the conscientious and timely execution of all necessary actions.
Also, this normative legal act states that in this way the parties to the process reduce state expenses that are aimed at ensuring the activities of the judiciary. In addition, this increases the interest of each participant in the provision of evidence, because no one has a desire to lose money. Winning a lawsuit allows you to return all litigation expenses incurred during the trial at the expense of the losing party.
Distribution of consumables by plaintiff
It is very important to decide who exactly pays all mandatory and optional expenses. First of all, it should be noted that during the trial material losses are suffered by both sides of the case.
This primarily concerns the plaintiff. He is obliged to pay the state fee for the adoption and consideration of the claim. In addition, he incurs other legal expenses. It is clear that paying the state duty alone cannot be done in such a situation. As a rule, the largest expenses are associated with the remuneration of a representative. Free legal assistance can be used, but, as practice shows, most people prefer the services of private lawyers.
Such specialists have experience, which allows you to delve deeper into the matter and find the opponent’s weaknesses. But, as a rule, the work of professional lawyers is quite expensive, especially when it comes to advanced advocates who have an impeccable history of their work.
In addition, quite often it happens that it is the plaintiff who initiates the examination. Therefore, payment for such services falls on him, and this, as a rule, is quite expensive. In addition, if the plaintiff does not speak Russian, you need to use the work of a translator, which also provides for certain expenses.
Distribution of Consumables by the Respondent
If we talk about the defendant, then the expense base will be almost the same. The main difference will be that this side of the trial will be exempted from state duty. But if the defendant submits a counterclaim, then he still has to pay this fee.
The largest part of the consumables is legal costs per representative. The defendant, like the plaintiff, has the same right to free assistance. In addition, if the initiative to conduct the examination comes from this side of the trial, then it is she who pays for it. The same right applies to the need for specialist services.
A fairly large part of the amount of expensive material is the cost of witnesses. Each party has the right to apply for the involvement of individuals who can share information. The testimony of witnesses will help the judiciary resolve the matter. As for this kind of expenses, it is not about remuneration at all. In this case, the party that invited the witness is obliged to pay him the road, accommodation, meals. If such a witness lives in the area of the court where the proceedings take place, then there is no need to pay for accommodation.
Types of reimbursement of costs of litigation
Quite often a logical question arises: "Why should the innocent party to the proceedings incur losses in connection with the consideration of the case in the judiciary?" In this situation, the legislation provides for a special procedure that regulates relations in this area. So, each person participating in the process has the right to reimbursement of legal expenses if it is provided for in the legislation.
Contingent compensation of losses can be divided into several types, depending on the entities that are entitled to receive back the funds spent on the trial. These include:
- compensation to the plaintiff;
- cost recovery to the defendant;
- reimbursement of legal expenses to a third party.
Recovery of expenses in favor of the plaintiff or defendant
The distribution of legal costs between these categories of persons is most often found in legal practice. This is due to the fact that at the end or during the trial, one of the parties declares its claims to the other person regarding the need to return material costs.
As a general rule, which is enshrined in law, an individual or organization has the right to return to itself all the money spent in case of winning a lawsuit. That is, the one who turned out to be the winner in the trial has the opportunity to demand the return of expenses from a person who was declared loser by a court decision.
But there are several nuances. First of all, to recover court expenses in full is possible only if the case was won on all the points stated in the claim document. If the judicial authority ruled on the partial victory of the party, the payment of expenses will occur according to a different scheme. So, each person will be required to pay a certain part. Its size depends on how satisfied the statement of claim. For example, if out of the 22,000 rubles claimed initially, only 11,000 rubles were recognized by the court for payment, then both the plaintiff and the defendant will be paid equally.
In addition, the refusal to continue the proceedings by the plaintiff becomes an automatic basis for recognizing him as a loser. In this case, the defendant has the full right to satisfy his claims for reimbursement of expenses incurred in court proceedings.
Recovery of expenses in favor of a third party
In addition to the main participants in the process - the plaintiff and the defendant, there are also other persons who bear such costs. In some cases, court cases require the presence of a witness, expert, translator, specialist, etc. This category also has the right to demand damages. Conventionally, they can be divided into two groups:
- third parties that have independent requirements;
- third parties that do not have independent requirements.
For the first group, it is possible to return funds regardless of who won trial. Such persons present their claims to both the plaintiff and the defendant. Depending on which of them which part of the expenses should be borne, the person will be determined who will reimburse the costs of the parties having claims of an independent nature.
The second group includes the category of persons who can apply for remuneration only in the event that the party with whom they were involved in the proceedings won the process. In this case, the recovery of the spent funds may occur solely on the basis of a special application provided to the court. It is filed after the decision of the judicial authority comes into force.
Cost Recovery Methods
As mentioned above, the parties have the right to return their expenses. Litigation has its own practice in resolving such issues. First of all, a person has the opportunity to apply for the return of the money spent both during the consideration by the judicial authority of the case on the merits and after its completion.
To begin with, we will determine what is the basis for providing the opportunity to return your money. In this case, this is a statement that is submitted directly to the judge himself. In addition, it must be confirmed by copies of documents confirming the costs. For example, this may be a duplicate of a receipt of the payment of a state duty.
You can request reimbursement of the costs of the plaintiff and defendant at any time. To do this, during the court session, the parties must submit a statement to the judge before he leaves the courtroom.
In addition, if the case has already been closed and a decision of the judicial authority has been made, it is possible to submit a corresponding application to the office of the court in which the trial was held. Such a document must necessarily contain the following information: the date of the last court session at which the decision was made, the number of the decision, the name of the judge who issued the decision, and the request to reimburse the court costs. A sample of such a document is quite easy to find on stands in the lobby of the court.
Costs - legal costs incurred by the parties in the justice process. If you know your rights, then they can be returned very simply. A party that is found guilty will be required to reimburse all costs.
At the same time, it is necessary to understand that in order to return money it is necessary to clearly substantiate your requirements. The usual reluctance to pay may not be sufficient reason. Naturally, all government payments are confirmed by the case file, but if you want to return the funds spent on various independent examinations, do not forget to confirm the amount spent by check.
