Persons whose rights have been violated have the opportunity to contact special authorities to restore justice. Today in our state courts are engaged in such cases. A huge number of such bodies are located throughout Russia. When choosing their location, they are guided by the administrative system, which greatly simplifies the treatment procedure for restoring the violated right.
Judicial taxation
Courts are independent instances, the calling of which is to consider a huge amount of lawsuit material. It is important to understand that the court operates independently and has no connection with any other body or individual citizens. Moreover, the activity of such a system is to prove the truth in contentious cases.
In such cases, the logical question arises as to how the material base of the courts is maintained. All instances are funded exclusively by the state budget. No other private-type contributions can be accepted by the judiciary, as this may affect their impartiality.
The basis of the revenue side to maintain the Themis system is taxation. Thus, the law provides for cases in which each person is required to make certain payments. Such proceeds serve as the material basis for the provision of litigation. But it is worthwhile to understand that money does not go directly into the hands of employees of such instances, but rather goes to the state budget, and only then it is distributed among the judicial authorities.
Also, depending on what cases are considered, the amount of taxation is established. A person who is a party to the proceedings makes a payment to the state account, which becomes the basis for legal proceedings.
But, in addition, there are cases when citizens have the right not to pay a court fee. After the act to restore justice is issued, some categories of persons are entitled to the return of previously paid tax. It is worth remembering that compensation for such payments is not carried out by the state itself, but by the other side of the trial. Themis body makes a decision that the person agrees to return the entire amount or part of it to the party that previously paid such state tax.
The concept of legal costs
First of all, you need to deal with the concept itself in order to have a clear idea of what the court fee is. Depending on the area in which the proceedings are used to pay these costs, several definitions are made. Among them:
- The combination of duties and state levy represent a recovery of court costs. The agro-industrial complex gives such a definition to this term.
- Another state-recognized concept is contained in the Code of Civil Procedure. Recovery of court costs - these are mandatory and voluntary payments required in the consideration of the case.
In legal theory, it is customary to generalize these statements and accept this phenomenon as the totality of the costs prescribed by law for conducting state proceedings on a statement of claim, which is paid directly by the participants in the case under consideration.
Types of legal expenses
To date, it is customary to divide the costs into several categories that show the vector of their application. These include:
- Mandatory
- those that are paid at the request of the person himself.
The recovery of legal costs is mandatory only in cases expressly provided for by the legislative framework. No court has the right to require a participant to pay any other taxes that are not indicated in the Law. Such actions are recognized as unlawful and entail the responsibility of an official who illegitimately demanded payment for the implementation of his actions.
The mandatory category includes exclusively state duty. It represents a number of taxes for certain actions of the court. Moreover, their size is directly established by the norms of the Law and is not subject to increase or decrease. In addition, such payments are federal in nature, that is, they operate throughout the country equally and in equal amounts.
This list includes:
- payment for filing a statement of claim;
- taxation for a statement that has the character of a special proceeding;
- contesting a court decision in the court of appeal;
- documents submitted to the court to open a case that relates to public relations;
- contesting the decision of the court of appeal in cassation;
- supervisory complaints character;
- provision of a court order.
Such taxation in a special manner must be paid before the person filed a lawsuit in court. The receipt is attached to the rest of the documents and is a green light to open the proceedings. If a party submits a statement without a document attesting to the payment of the state duty, the lawsuit will remain without consideration.
The recovery of legal expenses at the request of a person is carried out according to the same scheme - it is paid to the treasury and a document is provided proving payment to the Themis body. But, in comparison with the previous option, this type of taxation is not mandatory for all persons who take part in the trial. As a rule, these costs arise when it is necessary to involve specialists and experts for the proceedings. The cost of their services is not fixed by the state, since these are private commercial entities.
The value of the decision to recover court costs
After the court has made a decision in essence, the process of allocation of costs incurred by the parties during the proceedings is carried out. The state body, on the basis of a statement by one of the parties to the process, draws conclusions on the reimbursement of the amount of taxes paid by the party.
As a rule, absolutely all costs are taken into account. Based on the court decision, it is determined which part the loser should compensate. In most cases, the amount is a multiple of the price of the case itself. In this case, it is not the monetary amount indicated in the initial statement of claim that is taken into account, but the total amount of the already won case.
Depending on how satisfied the claim of the applicant, a refund is established. The definition of recovery of court costs depends entirely on what documents will be provided to the justice authority as evidence of the costs incurred. First of all, these are receipts of payment of a fee for filing a statement of claim. In addition, all fees paid to experts and specialists who participated in the trial are taken into account.
Refund Terms
In order to be able to recover the money spent on the process of restoring the truth, you must provide the judge with a special statement of claim. “On recovery of court costs” - this title will have this document. It is compiled on the same principle as any other appeal to the authority of Themis.
The most important consequence, which entails the determination of the recovery of court costs, is that the party that won the case has the right to return the full amount spent on organizing the process.
If you look at it from the point of view of jurisprudence, then everything is quite logical. A party that has suffered losses and won a lawsuit has the full right that the perpetrator of such actions compensate her for damage. Moreover, it is absolutely not important in this situation, in favor of which of the participants a verdict was issued by the authority of Themis. If the plaintiff himself lost, he is also obliged to pay all the expenses that the defendant incurred in such a case.
Exactly the same procedure applies to the courts of cassation and appeal. At the same time, the peculiarity will be that quite often the decision of these bodies is canceled by decisions made earlier by lower courts. In this case, the costs will be the sum of taxes for the consideration of the case in the courts of first and second instances.
Special Refund Procedure
As we all know, there are exceptions to each rule. So it is in our case. Not always the return of the spent resources to the matter of restoring the truth occurs according to the scheme described above. There are a number of situations where a lawsuit to recover legal costs will be completely different.
First of all, this concerns those cases that resulted in incomplete satisfaction of the claim. In this case, a special procedure is used. The recovery of legal costs from the plaintiff will be proportional to the size of the case won. For example, if the application indicated the amount of damage of 50,000 rubles, and by the decision of the judicial authority it was established to pay 25,000 rubles, then, accordingly, on this basis, the fee will be paid. Let it be 12,000 p. Then each of the parties will be liable for 6,000 rubles, that is, payment will be made in half. If a different percentage is established by a court ruling, compensation is established according to a separate definition, which sets forth specific amounts.
Quite often it happens that the applicant refuses to advance the case in court, that is, in fact, he stops the proceedings and thus automatically becomes the losing party. Such situations are especially popular in cases that last for years, and the participant no longer sees the point in continuing the process. But it is worth considering that all costs incurred by the parties will be forced to pay the plaintiff.
The requirement to recover court costs in a situation where the defendant fully compensated the amount stated in the statement of claim, even before the court finds a decision on the merits, rests with the applicant.
Quite often, it happens that the parties, for unreasonable reasons, do not attend the meeting of which they were previously notified. If the plaintiff commits such actions twice in a row, the court shall decide to suspend the consideration of the case and shall oblige him to pay all the expenses that the defendant incurs.
In addition, quite often the parties to the proceedings go to the drafting of a settlement. Such actions become the basis for the closure of the case by the justice authority. But with taxation you still need to decide. In such a situation, the parties undertake to prescribe this clause in their contract. In this case, it should be clearly indicated who and how much should pay. There are no restrictions in this situation.
Parties eligible for reimbursement
As it becomes apparent from the foregoing, the main two entities that use the right to refund of money spent on the judicial procedure are the plaintiff and the defendant.
But besides them there are also people who have the right to apply for this kind of satisfaction of monetary claims. They can be divided into two categories:
- persons who state independent claims;
- without independent requirements.
To the first group we include the category of subjects that contributed to the restoration of truth in the case. These include witnesses, experts and specialists, translators, etc. These persons are entitled to personally submit claims for compensation for losses incurred as a result of their participation in the trial.
The second category is a group of people who were involved in the case by working with one of the parties to the proceedings. The peculiarity in this situation is that they have the right to indemnify themselves only if the party with whom they collaborated has won the case. Moreover, in order to receive the desired, it is necessary to file a claim for compensation with the court.
Reimbursable Expenses
Before you go to the justice authority for redress, you need to be sure that your claims are in compliance with the law. A fairly complex and confusing system is the recovery of legal costs. Judicial practice often indicates that every year thousands of applications are rejected due to ignorance of the laws.
Therefore, in order to avoid such a situation, we suggest that you familiarize yourself with the list of expenses incurred during the proceedings, which can be included in the list for recovery. These include:
- fees for the work of an expert and specialist, as well as a translator;
- Amounts paid to witnesses;
- translation services if one side is not a citizen of Russia;
- Amounts spent on travel and accommodation of both the parties themselves and third parties; however, such expenses are taken into account only if they were incurred as a result of the fact that the person was forced to be directly present in court;
- fees of representatives of the parties;
- compensation payment for actually lost time;
- the amount of postal items that were carried out to resolve the trial;
- other expenses if they are recognized by a court decision as such that are necessary for recovery.
Based on this list, and it is worth making a lawsuit to recover legal costs. Although the authority of Themis can establish additional waste, in most cases they do not go beyond the boundaries of this list.
Compensation Process System
As a rule, the plaintiff provides an application for the recovery of legal costs from the defendant along with the initial claim itself. In it, he points out that in addition to the basic requirements, in fact, the second party must pay all the expenses that concern him.
In addition, such documents can be provided to the appropriate authority at any other time during the consideration of the case. It should be borne in mind that the recovery of court costs should be filed during the meeting and submitted for consideration until the arbiter of justice is removed to the meeting room. Unfortunately, this is not always possible.
Therefore, the law provides that the recovery of legal costs may be levied on the guilty party after the case is closed. In this case, it is simply necessary to file a statement of claim for the recovery of court costs with the same body that examined the case itself. The following information must be provided in such a document: the number of the case, its decision and the date of the decision.
Practical value
Collecting legal expenses from the defendant is a legal way to protect yourself from unnecessary expenses. This opportunity is provided to absolutely every citizen who, in accordance with the law, has the right to such protection. The main essence of this system is that a person who is recognized by the court as legal in a case should not suffer certain material losses. This principle shows that the state cares about the rights of citizens.
The procedure for recovering court costs is quite simple. First of all, it is necessary to decide which costs can be reimbursed in this way. To do this, you can familiarize yourself with the legal framework or look at one of the paragraphs of this article, which describes in detail which cases are subject to return.
In addition, the correct preparation of the document, which is provided to the judicial authority to confirm the right to compensation, becomes a very important point. In order to more clearly familiarize yourself with its contents, we suggest viewing a sample of recovery of court costs.
Many process participants often forget about this possibility. But this in no way affects the right to restore their monetary assets. Even after the trial is over and the court decision is gaining legal force, you can submit a corresponding application to the authority that considered the case. Themis body will consider it and satisfy it, obliging the other side to compensate all losses.
As practice shows, the recovery of court costs for a representative is most in demand. This is due to the fact that in most cases it is precisely these types of services that are most expensive. Legal standards today allow to recover these costs. To do this, it is necessary to win the dispute, and then the other side will be required to pay for the services of such a person.
The applicant must present a document that confirms the amount required to be paid. This can be a receipt from a bank or a contract for the provision of legal services. Lawyers know that all papers submitted to the court are checked. Therefore, the contract should be tax deductible. If they were not there, the court will regard the request for damages as fraud. If you know all the rules and subtleties described and act accordingly, a review of the recovery of court costs will be positive. Actually, this is not such a complicated procedure as it is customary to imagine.
